Springfield Burlington County
City Zoning Code
City Zoning Code
ARTICLE XVIII
Farm Regulations
§ 215-96 Permitted and accessory uses. [1]
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.
§ 215-97 Restricted uses.
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.
§ 215-98 Building regulations.
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.
§ 215-99 Right to farm.
[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 Land Development 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:
[Amended 3-13-2024 by Ord. No. 2024-01]
“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.” |