[Ord. No. 7-96 § 1]
Subject to any Federal, State or County law, ordinance or regulation,
the following commercial farming activities shall be recognized, and
entitled to encouragement and protection as the collective embodiment
of the "Right to Farm" and all commercial farmers, as long as these
activities conform to acceptable agricultural management practices
and are not done so as to pose a direct threat to public health or
safety, shall have the right to:
a.
Produce agricultural and horticultural crops, trees and forest products,
livestock, poultry and other related commodities;
b.
Process and package the agricultural output of the farm;
c.
Provide for the wholesale and retail marketing, including "U-Pick"
and farm stand marketing and sales, of the agricultural output of
the farm, and related products that contribute to farm income, including
the construction of building and parking areas in conformance with
applicable municipal standards;
d.
Replenish soil nutrients, including but not limited to, the spreading
of manure and applying federally approved chemicals and organic fertilizers;
e.
Use federally approved products in accordance with labeled instructions
as recommended by State, Federal or County bodies such as the New
Jersey Agricultural Experiment Station and the U.S. Environmental
Protection Agency for the control of pests, predators, varmints, diseases
affecting plants and livestock, and for the control of weed infestation;
f.
Clear woodlands using open burning and other accepted techniques
and install and maintain vegetative and terrain alterations and other
physical facilities for water and soil conservation and surface water
control in wetland areas;
g.
Use irrigation pumps and equipment, seeding and spraying, tractors
and other customary farm equipment;
h.
Hire and utilize necessary farm labor;
i.
Construct fences;
j.
Transport large slow-moving equipment over roads within the Township;
k.
Conduct farming activities on holidays and Sundays as well as weekdays,
in the evening and during the day, notwithstanding the production
thereby of normal but unavoidable noise, dust, odors and fumes caused
by such necessary activities in accordance with acceptable management;
l.
Conduct on-site disposal of organic agricultural wastes.
[Ord. No. 7-96 § 1]
No commercial farming activity or structure conforming to recognized
agricultural management practices and not posing a direct threat to
public health or safety shall be deemed to otherwise invade or interfere
with the use and enjoyment of any other land or property in the Township
to constitute a public or private nuisance.
[Ord. No. 7-96 § 1]
For the purpose of giving due notice of the within commercial
farm rights to new residents of the Township, the Planning Board shall
require an applicant for every major subdivision or site plan review,
as a condition of approval of such application, to provide every purchaser
with a copy of this ordinance, to provide a map for display at the
sales office for the development, which map shall show the location
of every farm within 200 feet of the perimeter of the development
and shall be subject to the review and approval of the Township Engineer
and to obtain at the closing of title for each unit of the development,
a signed receipt from the purchaser that the purchaser has received
a copy of the ordinance and has had an opportunity to examine the
map on display at the sales office.
[Ord. No. 7-96 § 1]
A commercial farm shall be entitled to the protection provided
by the Long Hill Township Right to Farm Ordinance under the following
conditions:
a.
When it is devoted to agricultural or horticultural use, as defined
by the Farmland Assessment of 1964, N.J.S.A. 54:4-23.1, et seq.; and
b.
When it meets the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1, et seq.; and,
c.
When the operation of the commercial farm conforms to agricultural
management practices recognized by the New Jersey Department of Agriculture,
the Rutgers University Extension Service, the New Jersey State Agricultural
Development Committee and all relevant Federal or State statutes or
rules and regulations and which does not pose a direct threat to public
health and safety.
[Ord. No. 7-96 § 1]
The definitions of agricultural use, horticultural use, commercial
farm and such other definitions as may be required for the interpretation
of this ordinance shall be the same as those set forth in the New
Jersey Right to Farm Act, N.J.S.A. 4:1C-1, et seq., and the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1, et seq.
