[Adopted 12-8-1980 by Ord. No. 80-15]
The Mayor and Township Committee, being aware and having studied the
character, history and economic and sociological history of the Township,
and upon the finding that the historical economic backbone of the Township
of Franklin has been that of a farming and agricultural community and in furtherance
of protecting the agricultural rights that have existed for hundreds of years,
further state that the policy of the Township is to maintain the farming characteristics
of the Township and the effects thereon as a result of residential, industrial
and commercial development which, in surrounding communities, have been eroding
the existence of working farms and the effects thereon by said development
and the further effects of technological needs for the agricultural community
which have engendered the development of conflicts of said new development
with the necessary and good farming practices and other activities indigenous
to farming, and the Mayor and Township Committee further find, as a result
of these changed conditions and the effects that future development have upon
the ability of farmers to maintain a livelihood and utilize customary procedures
and techniques, that this chapter should be adopted stating the public policy
and protecting the farmers in preservation of their farms and common farming
practices within the areas of the Township of Franklin.
In that the policy as above stated under § 73-1 is further provided in the land use study and land use acts as adopted by the Township[1] in allowing farming and all farming agricultural uses in all zoning
districts within the Township of Franklin, it is hereby recognized to exist
as a right of the farmer and his agents and employees to utilize their land
and property in a manner of good common agricultural practices and the pursuit
of their livelihood, however, within and subject to the regulations established
by the Township of Franklin, County of Warren, State of New Jersey, in regard
to health code regulations. Henceforth, it is hereinafter recognized that,
under the right to farm, all residents in pursuit of agricultural livelihood
shall be allowed to continue previous practices established as good farming
techniques and procedures with regard to all aspects of farming, including
but not limited to plowing, seeding, fertilizing and spraying by the use of
tractors or air spraying, the right to use the large equipment and tractors,
including the application of chemical fertilizers, insecticides and herbicides,
as well as other customary farm equipment for the purpose of producing from
the land agricultural products, including vegetables, grains, feed, crops,
fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right
to farm shall further include the right to utilize the land for grazing of
all animals, subject to all health restrictions for intensive livestock farms
or other restrictions in regard to spreading of manure.
The activities, agricultural uses and good farming practices as hereinabove
set forth may occur without abatement or interference seven days a week, including
Sundays, holidays and on a twenty-four-hour daily basis. Further, said activities
and farming rights as hereinabove provided shall not be hindered, abated or
interfered with in regard to the reasonable common farming practices of noise,
odors and dust related to those activities and recognized as being a part
thereof and shall be the established right of agricultural pursuits within
reasonable bounds and cannot be hindered by adjoining or contiguous residential
development.
