Westampton City Zoning Code
ARTICLE X
Right to Farm
§ 250-66 Right to farm.
The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Westampton, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township where an agricultural use is preexisting.
A.
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 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 Westampton.
(7)
Control of pests, predators and diseases of plants and animals.
(8)
Conduction of agricultural-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 to lessee is obtained.
(9)
Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aids and other equipment.
(10)
Processing and packaging of the agricultural output of commercial farm.
(11)
The operation of a farm market, including the construction of business and parking areas in conformance with Westampton 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 tilth.
(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 conservation and surface 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 the manufacturer's 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.
(18)
Harvesting of timber.
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 Burlington County Agriculture Development Board prior to filing an action in court.
F.
An additional purpose of this section 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 Agricultural Development Committee). The disclosure required by this subsection is set forth in the disclosure form attached hereto and made a part hereof at Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
G.
It is the intent of this section to require all developers in Westampton Township to include language in their deeds advising buyers of this Right to Farm Ordinance and to permit the Land Development Board to require this language as part of any subdivision or site plan approval.
H.
The Township Land Development Board shall, as part of any subdivision or site plan approval, direct any developer to include in the deed to buyers advisement of this Right to Farm Ordinance.