[Amended 12-9-2024 by Ord. No. 2024-45]
As used in this article, words and phrases shall have the same meanings they have pursuant to § 142-7 of this chapter, unless otherwise indicated.
In accordance with the 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 supervising 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 such related commodities, except that poultry farms are prohibited on less than 50 acres, and commercial piggeries are prohibited absolutely in all zone districts within the Township of Robbinsville.
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 building and parking areas in conformance with 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 United States Environmental Protection Agency for the control of pests, predators, vermin, diseases affecting plants and livestock and for the control of weed infestation.
F.
Clear woodlands using 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 the event that open-burning techniques are used, the farmer proposing to use the same must apply for and procure any and all applicable state, county, local or federal permits required.
H.
Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm;
[Added 12-9-2024 by Ord. No. 2024-45]
I.
Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L. 2009, c. 213 (N.J.S.A. 4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to Section 3 of P.L. 2009, c. 213 (N.J.S.A. 4:1C-9.2);
[Added 12-9-2024 by Ord. No. 2024-45]
J.
House any full-time, year-round equine-related farm employee in the same building or facility as horses in accordance with the provisions of Section 3 of P.L. 2020, c. 154 (N.J.S.A. 4:1C-9.3).
[Added 12-9-2024 by Ord. No. 2024-45]
K.
Use irrigation pumps and equipment and undertake aerial and ground seeding and spraying, using tractors and other necessary equipment.
L.
Hire and utilize necessary farm labor.
M.
Construct fences.
N.
Transport large, slow-moving equipment over roads within the Township.
O.
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.
P.
Accessory uses: buildings or uses incidental to farms, such as barns and packing, grading and storage buildings for produce raised on the premises, except that no commercial processing of produce (such as cooking, freezing or canning) shall be permitted; buildings for keeping of poultry and permitted livestock; garages for the keeping of equipment and trucks used in farm operations; and a roadside produce sale stand, provided that all of the produce offered for sale is grown on the property, that the stand is not furnished with permanent heating facilities, that the floor area of the stand does not exceed 120 square feet, that the stand is set back from all street rights-of-way and property lines at least 30 feet and that sufficient on-site off-street parking is provided.
Q.
Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.).
[Added 12-9-2024 by Ord. No. 2024-45]
In the event that a farmer proposes to alter, divert, dam, widen, deepen, narrow or in any way affect a stream pond or lake, in connection with the uses described in Subsection G of § 142-108, for drainage purposes or otherwise, or proposes in any way to change a watercourse from its existing state, he/she must apply for and obtain any and all state, county, local or federal permits required.
[Amended 7-20-2022 by Ord. No. 2022-27]
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 Land Use 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-file 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 to the above-described premises from which may emanate noise, odors, dust and fumes associated with lawful agricultural practices permitted under applicable right to farm laws, regulations and ordinances, and, by acceptance of this conveyance, grantee does hereby waive objection to such activities. |