[Ord. 1995-25]
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.
[Ord. 1995-25]
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.
a.
Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other related such commodities, subject to section 18-5 Governing Swine.
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, 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.
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, 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.
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 to use 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 in accordance with regulations
governing migrant farm laborers.
i.
Construct fences.
j.
Transport large, slow moving equipment over roads within the
township.
k.
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.
l.
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.
[Ord. 1995-25]
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:
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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.
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[Ord. 1995-25]
For purposes of interpretation of this chapter, the following
definitions shall apply:
(a)
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.
(b)
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.
(c)
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.
