Township of East Windsor, NJ
Mercer County
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The Township Council of the Township of East Windsor, County of Mercer, State of New Jersey recognizes the benefits of society in general, the community and its neighborhoods, from horticulture, commercial and home agriculture and animal husbandry (hereinafter "farming") by the preservation of the aesthetics of the rural countryside and the supplying of present and future generations with the bounties resulting from such activities.
The Township Council of the Township of East Windsor has determined that such horticultural, agricultural and animal husbandry uses are necessary to human kind and that the right to carry on such pursuits should be protected for the benefit of the residents of the Township of East Windsor.
The Township Council of the Township of East Windsor 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.
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 the purposes and preambles set forth herein, the following farm 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.
Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other related such commodities, subject to section 18-5 Governing Swine.
Process and package the agricultural output of the commercial farm.
Provide for the wholesale and retail marketing, including "U-Pick" marketing and sales, of the agricultural output of the commercial farm, in accordance with state and local laws governing retail and wholesale establishments, and related products that contribute to farm income, including the construction of building and parking areas in conformance with applicable municipal standards.
Replenish soil nutrients, including, but not limited to, the spreading of manure and applying chemical and organic fertilizers.
Use federally-approved products, in accordance with labeled instructions as recommended by the New Jersey Agricultural Experiment Station, New Jersey Department of Environmental Protection 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.
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 to use same must apply for and procure any and all applicable State, County, local or Federal permits required.
Use irrigation pumps and equipment and undertake aerial and ground seeding and spraying, using tractors and other necessary equipment.
Hire and utilize necessary farm labor in accordance with regulations governing migrant farm laborers.
Construct fences.
Transport large, slow moving equipment over roads within the township.
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.
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 water course from its existing state he/she must apply for and obtain any and all State, County, local or Federal permits required.
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 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.
For purposes of interpretation of this chapter, the following definitions shall apply:
FARM — Shall mean an area of land of single or multiple contiguous or noncontiguous parcels, not less than five acres, 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.
COMMERCIAL AGRICULTURE — 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.
HOME AGRICULTURE — 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.