[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 12-4-1980 (Ch. 77 of the 1981 Code). Amendments noted where applicable.]
A.
The Township Council finds that farming has existed and been carried
on in the Township for hundreds of years and long before the residential
development that has since been prevalent in the Township. The Township
Council further finds that residences have been located in close proximity
to existing working farms that engage in spraying, the spreading of
animal wastes, fertilizing and irrigation as well as other activities
which are indigenous to farming. The Township Council finds and determines
that farmers must be secure in their ability to earn a livelihood
and utilize customary farming procedures and techniques.
B.
The Township further finds that whatever burden may be caused to
contiguous property owners it is offset by the benefits from farming
to the Township, county and state, as well as the preservation of
open space areas within the Township.
This chapter shall not be construed as a zoning ordinance and
does not supersede any zoning ordinance and the rights and privileges
arising from said ordinances. It is the intent of this chapter to
prohibit farming from being found to be a nuisance when practiced
according to customary farming practices.
The right to farm those lands and properties zoned for that
use and properties currently being farmed within the Township of Allamuchy
is hereby recognized to exist as a right of the farmer, his agents
or assigns to utilize his land and properties in such a manner as
to pursue his livelihood, subject only to the restrictions and regulations
set forth in the Township, county and state health codes and regulations.
This right to farm recognizes the use of large irrigation pumps and
equipment, aerial and ground seeding and spraying, large tractors
and the application of chemical fertilizers, insecticides and herbicides,
as well as other customary farm equipment utilized by the farmer for
the purpose of producing from the land agricultural products, such
as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs,
flowers and seeds. The right to farm shall also include the right
to utilize the land for grazing of animals, subject to the restrictions
for intensive fowl or livestock farms or such restrictions as may
be required by county, state and federal laws.
The activities set forth herein incidental to the right to farm,
when reasonable and necessary for the particular farming activity
and livestock or fowl production, and when conducted in accordance
with generally accepted agricultural practices, may occur on holidays,
Sundays and weekdays and at night and during the day. The noise, odors,
dust and fumes that are caused by these activities are recognized
as ancillary to the permitted activities set forth in this chapter
and the right to farm.