A.
Agricultural, farmhouses and usual farm buildings
shall be permitted without restriction in all zones, except as set
forth in this section.
B.
Permitted farm uses shall consist of the following:
(1)
The tilling of the soil, the raising of crops, fruits
and vegetables, greenhouses and nurseries.
(2)
The storage, packing and marketing of fruits and vegetables
produced on the premises.
(3)
The hatching and raising on a commercial scale of
poultry, rabbits, fish and dairy farming.
(4)
The raising and grazing of horses, cattle, sheep and
goats, including supplementary feeding of such animals, provided that
such raising or grazing is not a part of, nor conducted in conjunction
with, a livestock slaughterhouse or animal by-products business.
(5)
Dairy.
(6)
Public and private stables and riding academies.
(7)
Beekeeping.
C.
Accessory
uses.
[Added 11-8-2017 by Ord. No. 2017-08]
(1)
Purpose.
The purpose of this subsection is to:
(a)
Support agricultural economic viability by responding to an emerging
need for farm labor housing that is especially important to support
the expansion of production agriculture;
(b)
Recognize the importance of farm labor housing to commercial farms, as defined in Subsection C(2);
(c)
Implement the farmland preservation element of the Township Master
Plan, which contains goals related to supporting agriculture and improving
the economic viability of the Township’s farms.
(2)
COMMERCIAL FARM
FARM EMPLOYEE
FARM LABOR HOUSING UNIT
FARM MANAGEMENT UNIT
SEASONAL FARM LABOR HOUSING
Definitions.
As used in this subsection, the following words shall have the following
meanings:
Shall have the same meaning and definition as found in the
New Jersey Right to Farm Act, N.J.S.A. 4:1C-3, as may be amended from
time to time.
Any person who earns income from employment on a commercial
farm.
A new or existing single-family home or duplex occupied year-round
by a farm employee or employees and their family members, provided
at least one occupant works at least 27 weeks per year on the commercial
farm. Family members include spouses and domestic partners, dependent
adults and children. Dwelling units occupied by the commercial farm
owner, his or her spouse or either of their children, parents or siblings
are not farm labor housing units.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
Permanent structures occupied by farm employees who are employed
during the growing season on the commercial farm where the seasonal
farm labor housing is located and vacated at least 90 consecutive
days during a twelve-month period. Any housing occupied by the landowner
or the commercial farm owner or either of their spouses, children,
parents or siblings is not considered seasonal farm labor housing.
(3)
Permitted
accessory uses.
(a)
Farm labor housing units shall be permitted as an accessory use on
commercial farms, subject to compliance with the following requirements:
[1]
The parcel where the farm labor housing unit is located must be qualified
for farmland assessment after excluding the land appurtenant to the
farm labor housing unit and to all other improvements;
[2]
The unit must be a permanent structure. Mobile homes, trailers and
the like are not permitted;
[3]
Each farm labor housing unit must have its own septic system;
[4]
The farm labor housing unit must comply with the front, rear, side
and aggregate side yard setbacks, the height limitation applicable
to principal buildings and the impervious coverage and building coverage
limitations in the AR-10 Zone.
[5]
A minimum of 50 feet of separation must be provided between farm
labor housing units and between farm labor housing units and other
dwellings.
(b)
Seasonal farm labor housing units shall be permitted as an accessory
use on commercial farms subject to compliance with the following requirements:
[1]
The parcel where the seasonal farm labor housing unit is located
must be qualified for farmland assessment after excluding the land
appurtenant to the seasonal farm labor housing unit and to all other
improvements;
[2]
Each seasonal farm labor housing unit must have its own septic system;
[3]
Seasonal farm labor housing units must be set back at least 150 feet
from both side and rear property lines. If a twenty-five-foot deep
landscaped buffer is provided that effectively screens the seasonal
unit from the view of adjacent non-agricultural uses this setback
may be reduced to 75 feet;
[4]
Seasonal units must comply with the height limitation applicable
to principal buildings, the impermeable cover limit and the building
coverage limit applicable in the AR-10 Zone;
[5]
Seasonal farm labor housing units shall observe a front yard setback
of 150 feet. Foundation plantings to soften the visual impact of the
building shall be required;
[6]
Absent a compelling agricultural purpose, seasonal farm labor housing
units shall be located in close proximity to other existing farm infrastructure
and/or on the commercial farm’s poorer quality soils.
(4)
Performance
standards applicable to farm labor housing units.
(a)
The use and occupancy of farm labor housing units is limited and restricted to the individuals and family members defined in Subsection C(2). The use and/or occupancy of a farm labor housing unit by any other persons or for any purpose other than providing year-round housing for qualified farm employees and their family members on the commercial farm where they are employed is prohibited.
(b)
A farm labor housing unit that fails to meet the use and occupancy
standards established herein must be vacated and must remain vacant
until requalified as hereafter provided.
(c)
The unauthorized use, occupancy or failure to vacate a farm labor
housing unit shall be deemed a violation by the owner of the commercial
farm where the farm labor housing unit is located.
(d)
Newly constructed farm labor housing units must be inspected and receive certificates of occupancy as provided by § 67-1 et seq. of the Township Code prior to occupancy.
(e)
Existing single-family homes or duplexes converted to farm labor housing units must be inspected and obtain certificates of continued occupancy as provided by § 150-1 et seq. of the Township Code prior to occupancy.
(f)
Farm labor housing units must be inspected and obtain certificates of continued occupancy as provided by § 150-1 et seq. of the Township Code prior to a change in occupancy.
(g)
In January of every year the commercial farm owner shall be required
to:
[1]
Certify that the unit has not been leased to the employee/occupant
or any other resident of the unit and that no resident of the unit
enjoys the rights of a “tenant” under the landlord/tenant
laws of the State of New Jersey; and
[2]
Provide proof, through payroll records, that at least one occupant
of the farm labor housing unit has been employed on the commercial
farm for at least 27 weeks of the previous 12 months.
[a]
New farm labor housing units: the commercial farm owner shall
not be required to comply with this section until 12 months after
the certificate of occupancy or certificate of continued occupancy,
as the case may be, has been issued for the farm labor housing unit.
Twelve months subsequent to the issuance of the certificate, the commercial
farm owner must provide proof, through payroll records, that at least
one occupant of the farm labor housing unit has been employed on the
commercial farm for at least 27 weeks of the previous 12 months. Thereafter,
proof shall be provided in January of every subsequent calendar year
that the unit is occupied.
[b]
Units to be vacated: The employee/occupant and all other residents
must vacate the farm labor housing unit upon the employee/occupant’s
separation from employment on the commercial farm or because the employee/occupant
failed to work the requisite number of weeks on the commercial farm.
[c]
New employee/occupants of farm labor housing units: The commercial
farmer shall not be required to comply with this section if the farm
labor housing unit has been vacated voluntarily and in compliance
with this subsection, either due to employee/occupant’s separation
from employment or because an employee/occupant failed to work the
requisite number of weeks on the commercial farm. Certificates of
continued occupancy must be obtained when the farm labor housing unit
is occupied by a new employee. Twelve months subsequent to the issuance
of that certificate of continued occupancy, the commercial farmer
must provide proof, through payroll records, that at least one occupant
of the unit has been employed on the commercial farm for at least
27 weeks of the previous 12 months. Thereafter, proof shall be provided
in January of every subsequent year.
[d]
The failure or refusal of a commercial farmer to provide employment
records including identification consistent with that accepted by
the State of New Jersey for tax filings and Form I-9 filings, as required
herein, shall be a violation of this subsection.
[e]
No certificate of continued occupancy and no zoning permit shall be issued for a farm labor housing unit that has been vacated due to enforcement action until the commercial farmer certifies to the Zoning Officer that he/she intends to employ the employee/occupant of the farm labor housing unit for at least 27 weeks of the next 52 weeks and agrees to provide employment records to the Zoning Officer every four months for the next 12 months and until the January following the expiration of those 12 months documenting that the employee/occupant has been continually employed on the commercial farm for more than half of the weeks since occupying the farm labor housing unit. In the event the commercial farmer fails or refuses to provide employment records as required or fails to employ the employee/occupant of the farm labor housing unit for the requisite number of weeks, the Zoning Officer shall issue a notice to vacate as provided in Subsection C(6)(d)[2] and, in the event the employee/occupant and his or her family members do not vacate, file charges in the Springfield Township Municipal Court as provided in Subsection C(6)(d)[2] of this subsection.
(5)
Performance
standards applicable to seasonal farm labor housing units.
(a)
No seasonal farm labor housing unit shall be constructed and no existing
structure shall be altered, occupied or used as a seasonal farm labor
housing unit until a zoning permit authorizing such construction,
alteration, occupancy or use is issued by the Zoning Officer.
(b)
The use and occupancy of seasonal farm labor housing units is limited and restricted to the individuals defined in § 215-96C(2). The use and/or occupancy of a seasonal farm labor housing unit by any other persons or for any purpose other than providing housing for seasonal farm employees on the commercial farm where they are employed is prohibited.
(c)
The unauthorized use or occupancy of a seasonal farm labor housing
unit shall be deemed a violation by the owner of the commercial farm
where the housing unit is located.
(d)
The commercial farmer must maintain and produce upon the request
of the Zoning Officer a list of all the occupants of the seasonal
unit together with identification documentation for each occupant.
The failure and/or refusal to maintain and/or provide a copy of the
list upon request by the Zoning Officer shall be a violation of this
subsection.
(e)
Upon complaint or reasonable suspicion that the use or occupancy
of a seasonal farm labor housing unit is not in compliance with the
standards and requirements of this subsection, the Zoning Officer
may require the commercial farmer to demonstrate through payroll records
that some, any or all of the occupants of the seasonal unit are employed
on the commercial farm.
(f)
The failure or refusal of a commercial farmer or his representative
to provide the payroll records requested by the Zoning Officer shall
be a violation of this subsection. The submission of false information
by the commercial farmer or his representative shall be a violation
of this subsection.
(g)
The construction, use and occupancy of seasonal farm labor housing units must comply with all applicable federal and state statutes respecting health, safety, construction and housing and all state and federal regulations governing same. The designated “responsible person” described in Subsection C(5)(h) of this section shall demonstrate that the seasonal unit has passed all inspections required by the State of New Jersey.
(h)
The commercial farmer who employs the seasonal workers living in
the seasonal unit must provide the name and contact information of
a “responsible person” to the Zoning Officer and must
post the name and contact information of that responsible person in
a highly visible, easily accessible area of the seasonal unit. Contact
information includes but is not necessarily limited to the individual’s
physical and email addresses, as well as home, work, cell and fax
numbers. The individual must live and work within one hour’s
drive of the seasonal unit and must be available 24 hours a day, seven
days a week to produce records, respond to emergencies, official inquires
and the like during the months that the seasonal unit is occupied.
The failure or refusal of the designated responsible person to provide
information and/or respond when summoned will be deemed a violation
of this ordinance by the commercial farmer.
(6)
Enforcement.
(a)
The Zoning Officer shall be responsible for the enforcement of this
subsection.
(b)
The Construction Code Official shall notify the Zoning Officer of
the issuance of all certificates of occupancy and certificates of
continued occupancy for farm labor housing units and seasonal farm
labor housing units.
(c)
The failure or refusal of a commercial farmer to provide employment
records as required herein shall create a rebuttable presumption that:
[1]
The employee/occupant of the farm labor housing unit has not been
employed for the requisite number of weeks on the commercial farm;
or
[2]
An occupant or occupants of the seasonal unit for whom employment
records have not been produced are not employed on the commercial
farm where the seasonal unit is located.
(d)
Enforcement procedures, farm labor housing units:
[1]
Upon the failure or refusal of a commercial farmer to provide employment
records as required herein the Zoning Officer shall issue a notice
of violation affording the commercial farmer an opportunity to produce
the required records within 30 days.
[2]
Upon the failure or refusal of a commercial farmer to provide employment
records as required herein or upon a finding that the employee/occupant
of the farm labor housing unit has not been employed on the commercial
farm for the requisite number of weeks, the Zoning Officer shall issue
a notice to the commercial farmer and the employee/occupant to vacate
the farm labor housing unit.
[3]
The notices required herein shall be sent by certified mail to the
commercial farmer at the address of the commercial farm and to the
employee/occupant at the address of the farm labor housing unit. Notice
shall be deemed received upon mailing.
[4]
If the employee/occupant and all other residents have not vacated
the farm labor housing unit within 45 days of receipt of the notice
to vacate the Zoning Officer shall file charges against the commercial
farmer in the Springfield Township Municipal Court for the violation
of this subsection.
(e)
Enforcement procedures, seasonal farm labor housing units:
[1]
If payroll records fail to demonstrate that one or more occupants
of the seasonal unit are not employed on the commercial farm where
the seasonal unit is located the Zoning Officer shall issue a notice
of violation directing the commercial farmer to remove the nonemployee(s)
from the seasonal unit.
[2]
Upon the failure or refusal of a commercial farmer to provide employment
records and/or identification documentation upon request the Zoning
Officer shall issue a notice of violation affording the commercial
farmer an opportunity to produce the required records within 10 days.
[3]
Upon the failure or refusal of a commercial farmer to produce the
required records within the ten-day period. the Zoning Officer shall
issue a notice to the commercial farmer to remove all occupants of
the seasonal unit whose employment on the commercial farm has not
been demonstrated.
[4]
The failure or refusal of a commercial farmer to remove a nonemployee
from the seasonal unit shall be a violation of this subsection. The
failure or refusal of a nonemployee to vacate the seasonal unit shall
be deemed a violation of this subsection by the commercial farmer.
[5]
If the nonemployee occupant fails or refuses to vacate or the commercial
farmer fails or refuses to remove the nonemployee occupant of the
seasonal unit within 20 days of receipt of the notice to remove, the
Zoning Officer shall file charges against the commercial farmer in
the Municipal Court for the violation of this subsection.
[6]
Each nonemployee occupant of a seasonal unit that is not removed
or fails or refuses to vacate the seasonal unit shall be deemed a
separate violation. Each day that a nonemployee occupant of a seasonal
unit is not removed or fails or refuses to vacate the seasonal unit
shall be deemed a separate violation.
[7]
All notices required herein shall be sent by certified mail to the
commercial farmer at the address of the commercial farm and shall
be deemed received upon mailing.
[8]
The penalty for violations of this subsection shall be up to $100
per day each for each violation of this subsection.
[1]
Editor's Note: The title of this section was changed from
"Permitted uses" to "Permitted and accessory uses" 11-8-2017 by Ord. No. 2017-08.
A.
The keeping or raising of poultry on parcels of land
less than 10 acres in area shall be limited to 100 fowl per 40,000
square feet.
B.
No manure storage shall be established closer than
50 feet to any property line, nor closer than 100 feet to an existing
dwelling.
C.
The display and sale of farm products shall be permitted
provided that:
(1)
At least 50% of such products shall have been produced
on the property on which they are offered for sale.
(2)
Sale of farm products shall be conducted from a portable
stand, dismantled at the end of the growing season, or from a permanent
building, closed at the end of the growing season, under the following
conditions:
[Amended 11-10-2010 by Ord. No. 2010-08]
(a)
Such building shall be located at least 40 feet
from the right-of-way line of the road.
(b)
Such building shall not exceed 600 square feet in size;
(c)
Adequate off-street parking spaces shall be provided which are
screened or buffered from the highway or street;
(d)
Such buildings will be in character with other buildings on
the site.
D.
The keeping or raising of farm animals on residential
lots of less than one acre is prohibited. For residential lots larger
than one acre, the raising or keeping of one farm animal per acre
shall be permitted, excluding the first acre. On a lot with a size
of two acres, there shall be permitted one farm animal. On a lot with
a size of three acres, there shall be permitted two farm animals and
so forth. For the purposes of this subsection, “farm animals”
shall be defined to include, but not be limited to, horses, cattle,
sheep, goats and other livestock.
A.
Farm buildings shall not be constructed closer than
85 feet to a front property line, nor closer than 50 feet to a side
or rear property line.
B.
No farmhouse shall be constructed closer than 50 feet
to such lines.
C.
No barn shall be established closer than 50 feet to
any property line, nor closer than 100 feet to an existing dwelling.
New dwellings, also, shall not be built closer than 100 feet to existing
farm buildings.
D.
All other new construction, including structures for
temporary storage of feeds, shall conform to setback requirements.
E.
All farm buildings are to be approved by the Construction
Code Official as to structural safety.
[Amended by Ord. No. 96-3]
A.
Findings.
(1)
The Township Council recognizes the benefits to society
in general, the community and its neighborhoods, from horticulture,
commercial and home agriculture and animal husbandry, hereafter called
farming, by the preservation of open space and the preservation of
the aesthetics of the rural countryside and the supplying of present
and future generations with the bounties resulting from such activities;
and
(2)
The Township Council has determined that such horticultural,
agricultural and animal husbandry uses are necessary to humankind
and that the right to carry on such pursuits should be protected for
the benefit of the residents of the Township of Springfield; and
(3)
The Township Council finds and determines that farmers
must be secure in their ability to earn a livelihood and to utilize
acceptable, necessary and recognized farming procedure and techniques;
and
(4)
The Township Council finds and determines that the
right to farm all land is a natural right and is hereby ordained to
exist as a permitted use everywhere in the Township, regardless of
zoning designations and regardless of whether specified as permitted
uses therein.
B.
Purpose. It is the intent of this subsection to define
and prescribe acceptable, necessary and recognized farming practices
herein encouraged, established and preserved.
C.
COMMERCIAL AGRICULTURE
FARM
HOME AGRICULTURE
Definitions. For the purposes of interpretation of
this subsection, the following definitions shall apply:
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; and nursery, floral, ornamental and greenhouse products.
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.
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.
D.
“Right to farm” activities protected.
In accordance with the purposes and findings 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:
(1)
Production of agricultural and horticultural crops,
trees and forest products, livestock, poultry and other related commodities.
(2)
Processing and packaging of the agricultural output
of the commercial farm.
(3)
Providing 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 Township standards.
(4)
Replenishing soil nutrients, including, but not limited
to, the spreading of manure and applying chemical and organic fertilizers.
(5)
Using 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
the control of pests, predators, varmints and diseases affecting plants
and livestock, and for the control of weed infestation.
(6)
Clearing woodlands by using open burning and other
accepted techniques, and installing and maintaining vegetative and
terrain alternations and other physical facilities for water and soil
conservation and surface water control in wetland areas.
(7)
Using irrigation pumps and equipment and undertaking
aerial and ground seeding and spraying, using tractors and other necessary
equipment.
(8)
Hiring and utilizing necessary farm labor.
(9)
Constructing fences.
(10)
Transporting large, slow-moving equipment over
roads within the Township.
(11)
Conducting 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.
E.
Notice of farm use. For the purpose of giving due
notice of nearby farming uses to proposed new residential areas adjacent
to unimproved land 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:
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“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 Springfield, in its adopted “Right
to Farm” ordinance, has deemed established as acceptable, recognized
and entitled to encouragement and protection, farm 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, the 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.”
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