Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Middle 7-18-1991 by Ord. No. 779-91. Amendments noted where applicable.]
In accordance with purposes 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 buildings and parking areas in conformance with the 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 United States Environmental Protection Agency, for control of pests, predators, varmints, diseases affecting plants and livestock 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 alterations and other physical facilities for water and soil conservation and surface water control in wetland 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 airplanes, 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 Township of Middle.
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.
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:
  "The grantee hereby acknowledges notice that there are presently or may in the future be farm uses adjacent or in close proximity to the above-described premises. The grantee further acknowledges that the Township of Middle, in its adopted Right-to-Farm Ordinance, has deemed established as acceptable 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. The 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, the grantee does hereby waive objection to such activities."
For purposes of interpretation of this chapter, the following definitions shall apply:
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, swine, 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.
FARM
A lot of at least five acres, excluding a dwelling unit, 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.
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.