[HISTORY: Adopted by the Township Committee of the Township of Independence
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 255.
[Adopted 8-10-1981 (Ch. 97, Art. I of the 1984
Code)]
A.
The Township Committee finds that farming has existed
and been carried on in the Township for hundreds of years and long before
the residential development that has since been prevalent in the Township.
The Township Committee further finds that residences have been located in
close proximity to existing working farms that engage in spraying, the spreading
of animal wastes, fertilizing and irrigation as well as other activities which
are indigenous to farming. The Township Committee finds and determines that
farmers must be secure in their ability to earn a livelihood and utilize customary
farming procedures and techniques.
B.
The Township further finds that whatever burden may be
caused to contiguous property owners is offset by the benefits from farming
to the Township, county and state as well as the preservation of open space
areas within the Township.
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.[1] It is the intent of this article to prohibit farming from being
found to be a nuisance when practiced according to customary farming practices.
The right to farm lands and properties within the Township of Independence
is hereby recognized to exist as a right of the farmer, his agents or assigns
to utilize his land and properties in such a manner as to pursue his livelihood,
subject only to the restrictions and regulations set forth in the Township,
county and state health codes and regulations. This right to farm recognizes
the use of large irrigation pumps and equipment, aerial and ground seeding
and spraying, large tractors, the application of chemical fertilizers, insecticides
and herbicides, as well as other customary farm equipment utilized by the
farmer for the purpose of producing from the land agricultural products such
as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, aquaculture,
flowers and seeds. The right to farm shall also include the right to utilize
the land for grazing of animals, subject to the restrictions for intensive
fowl or livestock farms or such restrictions as may be required by county,
state and federal laws.
The activities set forth herein incidental to the right to farm and
when reasonable and necessary for that particular farming activity and livestock
or fowl production, and when conducted in accordance with generally accepted
agricultural practices, may occur on holidays, Sundays and weekdays and at
night and during the day. The noise, odors, dust and fumes that are caused
by these activities are recognized as ancillary to the permitted activities
set forth in this article and the right to farm.
[Adopted 7-13-1993 by Ord. No. 93-10
(Ch. 97, Art. II of the 1984 Code)]
A.
Deer cannons shall not be permitted to rotate on a constant
360° basis and shall be required to be aimed or targeted at crops only.
B.
Deer cannons shall not be fired or a line of fire directed
toward a residential dwelling within 1/4 of a mile of the location of the
deer cannon.
C.
Each deer cannon shall be equipped with a motion sensor
from dusk to dawn which motion sensing devices shall be installed or attached
on each deer cannon in use as of the date of this article, within 30 days
of the passage of the same.
D.
This article shall be attached to and incorporated in
all permits issued for deer cannons by the Division of Fish and Game.
E.
The Division of Fish and Game shall supply a copy of
all permits issued for deer cannons, including verbal permits prior to this
issuance of a written permit therefor, to the Independence Township Police
Department, which shall be communicated by facsimile transmission.
F.
All permits issued for deer cannons shall be crop specific.
This article shall not create any liability on the part of the Township
of Independence or any officer or employer thereof to undertake any enforcement
action based upon any administrative decision made by the Division of Fish
and Game.
For violation of any provision of this article, the penalty, upon conviction,
shall be a minimum fine of $100 and a maximum penalty of one or more of the
following: a fine not exceeding $2,000, imprisonment not exceeding 90 days
or a period of community service not exceeding 90 days. Except as otherwise
provided, each and every day in which a violation of any provision of this
article exists shall constitute a separate violation.
