[Adopted as § 2-10 of the 1980 Code]
This article shall not be construed as a zoning ordinance and
does not supersede any zoning ordinance and the rights of 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 recognized farming practices.
The right to farm those lands and properties zoned for that
use and properties currently being farmed within the Township of Fairfield
is hereby recognized to exist as a right to 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 code 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 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, flowers
and seeds. The right to farm shall also include the right to utilize
the land for grazing of animals subject to the restrictions as may
be required by county, state and federal laws.
The activities set forth herein are incidental to the right
to farm 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 sometimes caused by these activities are recognized as ancillary
to the permitted activities set forth in this article and the right
to farm.
The Township Committee further recognizes the rights of landowners
to prohibit trespassing by hunters or other unauthorized persons.
The Township Committee further finds that the value of woodland
to the economy and environment of the Township must be emphasized.
Woodland helps conserve topsoil and purify air and water. Large-scale
development of woodland should be discouraged.
The protection of farming water supply is important. The Township
Committee believes that agriculture cannot have limits placed on its
use of water for production of food and horticultural goods. However,
the farmer must use whatever water is necessary in a reasonable and
acceptable manner.