Cinnaminson Township
City Zoning Code
City Zoning Code
§ 525-9
Right to farm.
[Added 9-17-2003 by Ord. No. 2003-17]
A.
The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Cinnaminson, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township, where an agricultural use is preexisting, and a permitted use in the following zones under any circumstances: Industrial Zone. This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of necessary agricultural buildings ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences for livestock and fowl, as well as to control depredation by wildlife.
(6)
The operation and transportation of large, slow-moving equipment over roads within the Township of Cinnaminson.
(7)
Control of pests, predators and diseases of plants and animals.
(8)
Conduction of agriculture-related education and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.
(9)
Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and other equipment.
(10)
Processing and packaging of the agricultural output of the commercial farm.
(11)
The operation of a farm market, including the construction of business and parking areas in conformance with Cinnaminson Township standards.
(12)
The operation of a pick-your-own operation, meaning a direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
(13)
Replenishment of soil nutrients and improvement of soil filth.
(14)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conversation and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, insecticides and herbicides in accordance with manufacturers' instructions.
(17)
Agricultural-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the farm, including but not limited to equestrian activities, including the boarding of horses and riding instructions.
B.
The foregoing activities must be in conformance with applicable federal and state law.
C.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
D.
It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
E.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the applicable county agriculture development board or the State Agriculture Development Committee in counties where no county board exists prior to filing an action in court.
F.
An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property within 500 feet from the lot line of any agricultural operation of the potential discomforts associated with such purchase or residence. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture (or in an agricultural development area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18, and certified by the State Agriculture Development Committee). The disclosure required by this subsection is set forth in the disclosure form attached hereto and made a part hereof.[1]
[1]
Editor's Note: The disclosure form is on file in the Clerk's office.