[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 11-5-2005 by Ord. No. 564. Amendments noted where
applicable.]
A.
The Township
of Upper Deerfield hereby recognizes that the industry of farming
is a natural right and that this industry and economic activity has
been a primary source of income and economic activity within the Township
of Upper Deerfield since preceding the founding of the Township and
since the inception of New Jersey as a state and the United States
as a union.
B.
The right
to farm exists and should be considered in the future as existing
throughout the Township of Upper Deerfield except where specifically
prohibited by the Zoning Ordinance stating otherwise.
The right to farm includes all manner and means of physical
labor and mechanical equipment now available to engage in agriculture
and farming, including but not limited to irrigation pumps, equipment,
aerial and ground seeding, spraying, equipment including tractors
and aviation equipment together with their attachments, and the use
and application of recognized fertilizers, pesticides, insecticides
and herbicides.
Farming methods shall include all recognized methods and types
of farming as pertain to the growing of food and nonfood crops and
the raising of animal or fowl within the Township of Upper Deerfield.
A.
The right
to farm shall include the uses, methods and activities that have been
proven effective in the past or which are generally accepted within
the farming community and the farming industry and which are considered
reasonable and necessary in the farming and agricultural industry
throughout New Jersey and the country as a whole and which are conducted
in accordance with generally accepted agricultural practices.
B.
The right
to farm and acceptable practices hereinabove described may occur on
holidays, weekdays and Sundays as well as at night and during normal
working hours. Accordingly, the hours during which farming is reasonably
expected to take place shall be considered as a right incident to
farming.
It is also recognized by the Township of Upper Deerfield that
certain odors, dust and fumes are incident to farming activities and
that the creation of noise, odors, dust and fumes are considered to
be incidental to and related to farming activities and shall be specifically
permitted as a legitimate part of the right to farm.
The Township of Upper Deerfield recognizes that inconveniences
to the public have been alleged and have been on occasion caused by
certain nuisances with respect to noise and smells related to and
incident to farming and agricultural activities. However, the Township
of Upper Deerfield further recognizes that the right to farm and the
benefits derived therefrom more than offset the benefits derived from
preventing and restricting such activities and it is, therefore, recognized
that inconvenience to the public or to nearby property owners who
locate to a farming area should not, in and of themselves, constitute
a reason to undermine or to prevent or restrict farming activities
which are recognized as a right and a desirable goal within the Township
of Upper Deerfield.
The Township of Upper Deerfield recognizes the agricultural
and rural nature of Upper Deerfield and, among other things, the Township
has attempted to preserve farmland and preserve the rural and agricultural
character of the Township and its lands. The Township believes that
this is a desirable goal to further and to protect within the Township
of Upper Deerfield and that it is in the interests of the residents
of the Township of Upper Deerfield now and into the future to have
this right recognized, preserved and protected. It is further the
policy of Upper Deerfield to demonstrate a strong commitment to the
Township remaining as a rural agriculturally related community by
committing future efforts of the Township to protect and preserve
farmland and to protect and preserve the agricultural and rural way
of life incidental to and a part of farming. The Township further
recognizes that, as the population of the Township may increase, individuals
who move to the Township should be informed of Township policies with
respect to farming and that, in order to protect the heritage of farming
within the Township, certain noises, smells or inconveniences may
from time to time be caused. However, these inconveniences are deemed
minor and insufficient to discontinue the objective of farming or
to restrict farming activities and that it would be deleterious to
the interests of the Township and its residents to implement measures
to erode and undermine farming and farming-related activities as part
of the policy of the Township of Upper Deerfield. Accordingly, the
Township desires to make the provisions of this chapter available
to any new residents who seek to build within the Township of Upper
Deerfield and requests and directs that a copy of this chapter be
provided by the Upper Deerfield Township Tax Assessor to all persons
or entities upon the filing of a deed of transfer of property (who
obtain building permits) and requests and directs that builders, real
estate agents, and others make this policy known and disseminate it
to their clients, customers and prospective residents of the Township
of Upper Deerfield in order that they may be informed of the Township
policy with respect to the right to farm and the right to engage in
activities related to farming throughout the Township.
