[Ord. No. 178-91 Preamble]
The Board of Commissioners recognizes the benefits to society,
the community and its neighborhoods from horticulture, commercial
and home agriculture, and animal husbandry (hereafter "farming") by
the preservation of open space and aesthetics of the rural countryside
and the supplying of present and future generations with the bounties
resulting from such activities.
The Board of Commissioners 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 West Cape May.
The Board of Commissioners finds and determines that farmers
must be secure in their ability to earn a livelihood and to utilize
acceptable, necessary and recognized farming procedures and techniques.
The Board of Commissioners finds and determines that the right
to farm all land is a natural right and is also hereby ordained to
exist as a permitted use everywhere in West Cape May, regardless of
zoning designations and regardless of whether specified as permitted
uses therein.
It is the intent of this section to define and prescribe acceptable,
necessary and recognized farming practices herein encouraged, established
and preserved.
[Ord. No. 178-91 § 1]
In accordance with the purpose and preambles 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:
a.
Produce agricultural and horticultural crops, trees and forest products,
livestock, poultry and other related commodities;
b.
Process and package the agricultural output of the commercial farm;
c.
Provide 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 municipal standards;
d.
Replenish soil nutrients, including, but not limited to, the spreading
of manure and applying chemical and organic fertilizers;
e.
Use 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, disease affecting plants and live-stock, and
for the control of weed infestation;
f.
Clear woodlands using permitted open burning and other accepted techniques
and install and maintain vegetative and terrain alternations and other
physical facilities for water and soil conservation and surface water
control in wetlands areas in accordance with approved soil and water
conservation management plans;
g.
Use irrigation pumps and equipment and undertake aerial and ground
seeding and spraying, using air-planes, tractors and other necessary
equipment;
h.
Hire and utilize necessary farm labor;
i.
Construct fences;
j.
Transport large, slow moving equipment over roads within the Borough;
k.
Conduct 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.
[Ord. No. 178-91 § 2]
For the purpose of giving due notice of nearby farming uses
to proposed new residential areas adjacent to land then being commercially
farmed or suitable therefor, the Planning 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:
Grantee hereby acknowledges notice that there are presently
or may in the future be farm uses adjacent to or in close proximity
to the above described premises. Grantee further acknowledges that
the Borough, in its adopted "Right to Farm" chapter, 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.
[Ord. No. 178-91 § 3; Ord. No. 397-07 § 2]
For the purposes of interpretation of this section, the following
definitions shall apply:
a.
FARM - A minimum of five acres 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.
b.
COMMERCIAL AGRICULTURE - 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,
seine, horses, ponies, mules, goats and fur-bearing animals; the breeding
and grazing of such animals; bees and apiary products; fish and aquaculture
products; fruits of all kinds, including grapes, nuts and berries;
and vegetables, nursery, floral, ornamental and greenhouse products.
c.
HOME AGRICULTURE - 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, and livestock boarding and breeding.
[Ord. No. 397-07 § 3]
See Chapter 27 for zoning requirements applicable to farms.
