[Ord. #93-957, § 1]
Farming activities may be conducted up to and along the property
line of the property being farmed. 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 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 such commodities;
b.
Process and package the agricultural output of the commercial farm
in conformance with the applicable zoning;
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.
In the interest of best farming practices, use Federally-approved
products, in accordance with labeled instructions or practices, as
recommended by the New Jersey Department of Environmental Protection
and Energy, New Jersey Agricultural Experiment Station, N.J. Fish
and Game Commission and the U.S. Environmental Protection Agency for
the control of pests, predators, varmints, 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 open burning techniques are
used, the farmer proposing the use of same must apply for and procure
any and all applicable State, county, local or Federal permits required);
g.
Use irrigation pumps and equipment and undertake aerial and ground
seeding and spraying, using 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;
k.
The cutting and removal of trees;
l.
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;
m.
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 paragraph g above, 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, excepting activities set
forth in the Freshwater Protection Act.
[Ord. #93-957, § 2]
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 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:
Grantee hereby acknowledges notice that there are presently
or may in the future be farm uses in close proximity 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,
grantee does also hereby acknowledge N.J.S.A. 4:17-2 prohibiting trespassing
on agricultural lands.
[Ord. #93-957, § 3]
For purposes of interpretation of this chapter, the following
definitions shall apply:
Shall mean 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 and goats; the breeding and grazing of such
animals; bees and apiary products, fruits of all kinds, including
grapes, nuts and berries, vegetables, nursery, floral, ornamental
and greenhouse products, and tree farming or woodland management.
Shall mean an area of land 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.
Shall mean 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.
