Southampton Township
City Zoning Code
City Zoning Code
12-4.23 Right
to farm.
[Amended by Ord. No. 2008-14]
a. COMMERCIAL FARM1. 2. FARM MANAGEMENT UNIT FARM MARKET PICK-YOUR-OWN OPERATION
Definitions:
A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
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.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
A direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural or horticultural products.
b.
The right to farm is hereby recognized to exist in Southampton Township and is hereby declared a permitted use in all zones of Southampton Township. This right to farm includes, but not by way of limitations:
1.
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and lawful, humane trapping.
2.
Housing and employment of necessary farm laborers.
3.
Erection of necessary agricultural buildings, including those dedicated to the processing and packaging of the output of the commercial farm and 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 Southampton Township.
7.
Control of pest, including but not limited to insects and weeds, predators and diseases of plants and animals.
8.
Conduction of agricultural-related educational 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 any and all equipment, including but not limited to: irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and bird control devices.
10.
Processing and packaging of the agricultural output of the commercial farm.
11.
The operation of a farm market, including the construction of building and parking areas in conformance with Southampton Township standards.
12.
The operation of a pick-your-own operation.
13.
Replenishment of soil nutrients and improvement of soil tilth.
14.
Clearing of woodlands using open burning and other techniques when in conformance with New Jersey Pinelands Regulations; installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation 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 manufacturer's instructions.
17.
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.
18.
Agriculture-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.
Farm operators may engage in any other agricultural activity as determined by the State Agricultural Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.). |
c.
Farm operators are strongly advised to adhere to generally accepted agricultural management practices that have been:
1.
Promulgated as rules by the State Agricultural Development Committee;
2.
Recommended as site-specific agricultural management practices by the County Agricultural Development Board;
3.
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, as amended and supplemented; or
4.
Recommended by the Rutgers Agricultural Experiment Station.
d.
The foregoing activities must be in conformance with applicable Federal and State law.
e.
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.
f.
It is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
g.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Burlington County Agricultural Development Board prior to filing an action in court.
h.
To help parties resolve conflicts involving the operation of commercial farms, the State Agriculture Development Committee has also established an Agricultural Mediation Program. Mediation is a voluntary process in which a trained, impartial mediator helps disputing parties examine their mutual problems, identify and consider options, and determine if they can agree on a solution, A mediator has no decisionmaking authority. Successful mediation is based on the voluntary cooperation and participation of all the parties.
i.
An additional purpose of this subsection is to promote a good neighbor policy. 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 the County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.