In accordance with 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 commodities.
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 buildings and parking areas in conformance with
the 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 U.S. Environmental Protection Agency, for control of pests, predators,
varmints, diseases affecting plants and livestock, and for the control
of weed infestation.
F. Clear woodlands using permitted 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 accordance with approved soil and water
conservation management plans.
G. Use irrigation pumps and equipment and undertake aerial and ground
seeding and spraying, using airplanes, tractors and other necessary
equipment.
H. Hire and utilize necessary farm labor.
J. Transport large, slow-moving equipment over roads within the Township
of Dennis.
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.
For the purpose of giving due notice of nearby farming uses
to proposed new residential areas adjacent to 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 adjacent or in close proximity
to the above described premises. Grantee further acknowledges that
the Township of Dennis, in its adopted "Right to Farm" Ordinance,
has deemed established as acceptable, activities which may result
in the emanation of noise, odors, dust and fumes caused by such necessary
activities when conducted in accordance with recognized agricultural
practices. Such activities include, but are not limited to, the production
and processing of agricultural and horticultural crops and livestock,
aerial and ground spraying and spreading of manure and chemical and
organic fertilizers, and the wholesale and retail marketing of agricultural
and related products. Grantee further acknowledges that such activities
may occur on holidays, weekends, and at all times of the day, including
early morning, evening and nighttime hours. By acceptance of this
conveyance, Grantee does hereby waive objection to such activities."
For purpose of interpretation or clarification of this chapter,
the following definitions shall apply:
AQUACULTURE
The farming of aquatic organisms, including fish, mollusks,
crustaceans and aquatic plants. Farming implies some form of intervention
in the rearing process to enhance production, such as regular stocking,
feeding, protection from predators, etc. Farming also implies individual
or corporate ownership of the stock being cultured. For statistical
purposes, aquatic organisms, which are harvested by an individual
or corporate body that has owned them throughout their rearing period,
contribute to aquaculture, while aquatic organisms, which are exploitable
by the public as a common property resource with or without appropriate
licenses, are the harvest of fisheries.
COMMERCIAL AGRICULTURE
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, goats, and fur bearing animals, the breeding and grazing of
such animals, bees and apiary products, fish and aquaculture products,
fruits of all kinds, including grapes, nuts and berries, and vegetables,
nursery, floral ornamental and greenhouse products.
FARM
A lot at least five acres, excluding dwelling unit, 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.
HOME AGRICULTURE
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, and livestock boarding and breeding.