[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 91-4 (Ch. XX of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 400.
A.
The governing body of Lower Township, County of Cape
May, State of New Jersey, recognizes the benefits to society, the community
and its neighborhoods from horticulture, commercial and home agriculture,
and animal husbandry (hereafter "farming") by the preservation of open space
and aesthetics of the rural countryside and the supplying of present and future
generations with the bounties resulting from such activities.
B.
The governing body of Lower Township has determined that
such horticultural, agricultural and animal husbandry uses are necessary to
humankind and that the right to carry on such pursuits should be protected
for the benefit of the residents of Lower Township.
C.
The governing body of Lower Township finds and determines
that farmers must be secure in their ability to earn a livelihood and to utilize
acceptable, necessary and recognized farming procedures and techniques.
D.
The governing body of Lower Township finds and determines
that the right to farm a lot at least five acres, excluding the dwelling unit,
is a natural right, and is also hereby ordained to exist as a permitted use
everywhere in Lower Township, regardless of zoning designations and regardless
of whether specified as permitted uses therein.
It is the intent of this chapter to define and prescribe acceptable,
necessary and recognized farming practices herein encouraged, established
and preserved.
In accordance with purposes and preambles set forth herein, the following
farming activities shall be deemed established as 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:
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 commercial
farm.
C.
Provide for the wholesale and retail marketing, including
U-pick marketing and sales, of the agricultural output of the commercial farm
and related products that contribute to farm income, including the construction
of buildings and parking areas in conformance with the applicable municipal
standards.
D.
Replenish soil nutrients, including but not limited to
the spreading of manure and applying chemical and organic fertilizers.
E.
Use federally approved products, in accordance with labeled
instructions, as recommended by the New Jersey Agricultural Experiment Station
and the US Environmental Protection Agency, for control of pests, predators,
varmints, diseases affecting plants and livestock and for the control of weed
infestation.
F.
Clear woodlands using permitted 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, in accordance with approved soil and water
conservation management plans.
G.
Use irrigation pumps and equipment and undertake aerial
and ground seeding and spraying, using airplanes, tractors and other necessary
equipment.
H.
Hire and utilize necessary farm labor.
I.
Construct fences.
J.
Transport large, slow-moving equipment over roads within
the Township of Lower.
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 when conducted in accordance with recognized agricultural
practices.
For the purpose of giving due notice of nearby farming uses to proposed
new residential areas adjacent to 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 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:
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"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 Lower, in its
adopted "Right to Farm" Ordinance, has deemed established as acceptable, 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."
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For purposes of interpretation of this chapter, the following definitions
shall apply:
The production principally for sale to others of plants and animals
or their products, including but not limited to forage and sod crops, grain
and feed crops, dairy animals and dairy products, livestock including beef
cattle, poultry, sheep, swine, horses, ponies, mules, goats, and fur-bearing
animals, the breeding and grazing of such animals, bees and apiary products,
fish and aquaculture products, fruits of all kinds, including grapes, nuts
and berries, and vegetables, nursery, floral ornamental and greenhouse products.
A lot at least five acres, excluding dwelling unit, of single or
multiple contiguous or noncontiguous parcels, which is actively devoted to
agricultural or horticultural use, including, but not limited to, cropland,
pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and
certain farm buildings and other enclosures related to agricultural pursuits.
The production, principally for home use or consumption, of plants,
animals or their products, and for sale to others where such sales are incidental,
including, but not limited to, gardening, fruit production, and poultry and
livestock products for household use only, and livestock boarding and breeding.
