A. It is the express finding and declaration of the Town Council that agricultural activities serve the interest of the citizens of the town by ensuring numerous social, economic and environmental benefits, and it is, therefore, the express intention of this chapter to establish as the policy of this town the protection of agricultural operations from nuisance action where recognized methods and techniques of agricultural production are applied.
B. The owner of land used for agricultural or horticultural purposes or use who conducts agricultural activities in conformance with the agricultural management practices set forth in this section and all relevant federal or state statutes or rules and regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety may:
(1) Produce agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the standard industrial classification for agricultural, forestry, fishing and trapping.
(2) Package the agricultural output.
(3) Provide for the wholesale and retail marketing of the agricultural output and related products, including the construction of building and parking areas in conformance with the town's standards.
(4) Replenish soil nutrients in accord with acceptable management practices.
(5) Control pests, predators and diseases of plants and animals.
(6) Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.
(7) Conduct on-site disposal of organic agricultural waste.
C. The following standards shall apply to all agricultural uses in the town:
(1) All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
(2) In agricultural production districts and special agricultural production districts of Hammonton, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in the following publications:
[Amended 3-15-2001 by Ord. No. 14-2001]
(a) Erosion and runoff: Soil Conservation Service Technical Guide.
(b) Animal waste: Soil Conservation Service Animal Waste Management Field Manual.
(c) Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
(3) At such time as the State Agriculture Development Committee is established pursuant to Section 4 of the Right to Farm Act (P.L. 1983, c. 31), N.J.S.A. 4:1C-1 et seq., and any amendments or revisions thereto, and at such time as said Committee develops and recommends the program of Agricultural Management Practices pursuant to Section 5 of the aforesaid Right to Farm Act, said Agricultural Management Practices, as developed and recommended by said Committee, shall be the standards to be applied to all agricultural uses in the town, insofar as applicable, to the extent that the standards set forth in Subsections C(1) and (2) above are superseded thereby and to the extent that these practices are consistent with the Pinelands Protection Act and CMP.
D. The town, in recognition that agricultural activities, when reasonable and necessary, produce a benefit to the neighborhood, the community and society in general by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of agricultural operations in the Town of Hammonton, New Jersey, as a source of agricultural products and values for this and future generations, creates the following presumptions:
(1) In all relevant actions filed subsequent to the effective date of this chapter, there shall exist a rebuttable presumption that no agricultural operation, activity or structure, which conforms to the standards set forth in Subsection C of this section and all relevant federal or state statutes or rules or regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
(2) In all relevant actions filed subsequent to the effective date of this chapter, there shall exist an irrebuttable presumption that no agricultural operation, activity or structure which is conducted or located within a municipally approved program and which conforms to the agricultural standards set forth in Subsection C of this section and all relevant federal or state statutes or rules and regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
E. As a statement of policy, it is the intent of this chapter to achieve the following objectives with respect to the continuance of agricultural activities in the town:
(1) Farmland within the town's Agricultural Production District and Special Agricultural Production District shall be maintained and protected for open space or farming purposes to the maximum extent practicable.
[Amended 3-15-2001 by Ord. No. 14-2001]
(2) Continued, renewed or new farming is encouraged throughout the town and particularly within agricultural production areas.
(3) Conflicts between agriculture and other uses should be minimized. In particular, agriculture uses within the town's Agricultural Production District and Special Agricultural Production District shall be exempt from all municipal ordinances and regulations which inhibit efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.
[Amended 3-15-2001 by Ord. No. 14-2001]
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