[HISTORY: Adopted by the Mayor and Council of the Township of Florence: Art. I, 6-2-1993 as Ord. No. 1993-12. Amendments noted where applicable.]
Land development — See Ch. 91.
Article I Right To Farm
[Adopted 6-2-1993 as Ord. No. 1993-12]
This Article shall not be construed as a zoning ordinance and does not supersede any zoning ordinance and the rights and privileges arising from said ordinances. It is the intent of this Article to prohibit farming from being found to be a nuisance when practiced according to customary farming practices.
In accordance with the purposes set forth above and the provisions of N.J.S.A. 4:1C-l et seq., the following farming activities shall be acceptable, recognized and entitled to encouragement and protection as the collective embodiment of the right to farm, subject in all cases, however, to any supervening applicable federal, state or county laws or regulations respecting the public health, safety or otherwise:
Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other related commodities;
Process and package the agricultural output of the farm;
Provide for the wholesale and retail marketing, including "U-Pick" 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;
Replenish soil nutrients, including but not limited to the spreading of manure and applying chemical and organic fertilizers;
Use federally-approved products, in accordance with labeled instructions, as recommended by the New Jersey Agricultural Experiment Station and the United States Environmental Protection Agency for the control of pests, predators, varmints, diseases affecting plants and livestock and for the control of weed infestation;
Clear woodlands using state forestry approved burning methods 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;
Use irrigation pumps and equipment and undertake aerial and ground seeding and spraying, using tractors and other necessary equipment;
Hire and utilize necessary farm labor;
Transport large, slow-moving equipment over roads within the township;
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 when conducted in accordance with recognized agricultural practices.
[Amended 7-7-1993 by Ord. No. 1993-14]
For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to unimproved land then being commercially farmed or suitable therefor, the Planning Board shall require an applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every contract for and deed conveying all or any portion of the lands thereby subdivided, as well as on the filed final subdivision maps, the following record notice to and waiver by grantees of such present or future proximate farming uses, which such provision shall be made to run with the land: "grantee hereby acknowledges notice that there are presently or may in the future be farm uses adjacent or in close proximity to the above described premises. Grantee further acknowledges that the Township of Florence has adopted Ordinance No. 1993-12, as amended, entitled `An Ordinance to Encourage, Establish and Preserve Agricultural and Horticultural Right to Farm Activities in the Township of Florence,' has deemed established as acceptable, recognized and entitled to encouragement and protection, farm activities which may result in the emanation of noise, odors, dust and fumes caused by such necessary activities when conducted in accordance with recognized agricultural practices. Such activities include but are not limited to the production and processing of agricultural and horticultural crops and livestock, aerial and ground spraying, the spreading of manure and chemical and organic fertilizers and the wholesale and retail marketing of agricultural and related products. Grantee further acknowledges that such activities may occur on holidays, weekends and at all times of the day, including early morning, evening and nighttime hours. By acceptance of this conveyance, Grantee does hereby waive objection to such activities."
Exceptions and prohibited agricultural practices. The provisions of this section are not intended to protect or encourage the land application of sludge or sewerage waste or its by-products as a recognized acceptable agricultural practice, which practices are specifically prohibited in the Township of Florence.