By the adoption of the chapter, the Town Board
of the Town of New Berlin declares its intent to maintain the desirable
rural character of the Town of New Berlin, to permit the continuation
of the business of farming as it is now carried out throughout the
Town of New Berlin, including the various agricultural districts within
the Town, and to retain the existence of farms within the Town in
view of the substantial contribution to the tax base now provided
by said farms and farm properties. The Town Board of the Town of New
Berlin further recognizes that there exist certain farming practices
which must be permitted to be carried on to the furtherance of the
business of farming and which can be carried on within the Town of
New Berlin without interfering with the use and enjoyment of land
not now devoted to the business of farming.
As used in this chapter, the following terms
shall have the meanings indicated:
FARMER
Any person, organization, entity, association, partnership
or corporation engaged in the business of agriculture, whether for
profit or otherwise, including the cultivation of land, raising of
crops and the raising of livestock.
FARMING PRACTICES
Any activity, now permitted by law, engaged in by a farmer,
as defined herein, in connection with and in furtherance of the business
of farming, and shall include the collection, transportation, distribution
and storage of animal waste; storage, transportation and use of equipment
for tillage, planting and harvesting: transportation, storage and
use of legally permitted fertilizers, lime and pesticides all in accordance
with local, state and federal law and regulation and in accordance
with the manufacturer's instruction and warnings; and construction
of farm structures and facilities as permitted by local and state
building code regulation, including construction and maintenance of
fences.
It is resolved by the Town Board of the Town
of New Berlin that farmers, as defined herein, may lawfully engage
in farming practices, as defined herein, within the Town of New Berlin
at such times and at such location as is necessary to conduct the
business of farming and that no person, entity, association, partnership
or corporation shall engage in any act to prevent or deter such conduct
as is approved herein.