[HISTORY: Adopted by the Township Committee of the Township of Chesterfield 9-11-1980
by Ord. No. 1980-5 amended in its entirety 12-31-2003
by Ord. No. 2003-16. Subsequent amendments noted where applicable.]
A.
The right to farm, as defined in N.J.S.A. 4:1C-3, is
hereby recognized to exist in the Township of Chesterfield, in the County
of Burlington, and is hereby declared a permitted use in all zones of this
Township, where an agricultural use is preexisting.
B.
This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees
and forest products, livestock and poultry and other commodities as described
in the Standard Industrial Classification for agriculture, forestry, fishing
and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of necessary agricultural buildings ancillary
to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences for livestock and fowl, as well
as to control depredation by wildlife.
(6)
The operation and transportation of large, slow-moving
equipment over roads within the Township of Chesterfield.
(7)
Control of pests, predators and diseases of plants and
animals.
(8)
Conduction of agricultural-related education and farm-based
recreational activities, provided that the activities are related to marketing
the agricultural or horticultural output of the commercial farm and permission
of the farm owner and lessee is obtained.
(9)
Use of irrigation pumps and equipment, aerial and ground
seeding and spraying, tractors, harvest aides and other equipment.
(10)
Processing and packaging of the agricultural output of
the commercial farm.
(11)
The operation of a farm market, including the construction
of business and parking areas in conformance with Chesterfield Township standards.
(12)
The operation of a pick-your-own operation, meaning a
direct-marketing alternative wherein retail or wholesale customers are invited
onto a commercial farm in order to harvest agricultural, floricultural or
horticultural products.
(13)
Replenishment of soil nutrients and improvement of soil
filth.
(14)
Clearing of woodlands using open burning and other techniques;
installation and maintenance of vegetative and terrain alterations and other
physical facilities for water and soil conservation and surface water control
in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, insecticides
and herbicides in accordance with manufacturers' instructions.
(17)
Agricultural-related educational and farm-based recreational
activities, provided that the activities are related to marketing the agricultural
or horticultural output of the farm, including but not limited to equestrian
activities, including the boarding of horses and riding instructions.
(18)
Harvesting of timber.
C.
The foregoing activities must be in conformance with
applicable federal and state law.
D.
The foregoing practices and activities may occur on holidays,
weekdays and weekends by day or night and shall include the attendant or incidental
noise, odors, dust and fumes associated with these practices.
E.
It is hereby determined that whatever nuisance may be
caused to others by these uses and activities is more than offset by the benefits
of farming to the neighborhood community and society in general.
F.
Any person aggrieved by the operation of a commercial
farm shall file a complaint with the Burlington County Agriculture Development
Board prior to filing an action in court.
G.
An additional purpose of this chapter is to promote a
good neighbor policy by advising purchasers and users of property within 500
feet from the lot line of any agricultural operation of the potential discomforts
associated with such purchase or residence. It is intended that, through mandatory
disclosures, purchasers and users will better understand the impacts of living
near agricultural operations and be prepared to accept attendant conditions
as the natural result of living in or near land actively devoted to commercial
agriculture (or in an agricultural development area, meaning an area identified
by a county agriculture development board pursuant to the provisions of N.J.S.A.
4:1C-18, and certified by the State Agriculture Development Committee). The
disclosure required by this subsection is set forth in the disclosure form
attached hereto and made a part hereof.[1]
[1]
Editor's Note: The Real Estate Transfer Disclosure Statement
referred to in this subsection is on file in the office of the Township Clerk.
H.
It is the intent of this chapter to require all developers
in Chesterfield Township to include language in their deeds advising buyers
of this Right to Farm Ordinance and to permit the Planning Board to require
this language as part of any subdivision or site plan approval.
I.
The Township Planning Board shall, as part of any subdivision
or site plan approval, direct any developer to include in their deeds to buyers,
advisement of this Right to Farm Ordinance.
