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The Right to Farm

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The Right to Farm

Post  tomperrin on 1/12/2012, 10:15 am

The ongoing discussion on Jail Time for Gardening motivated me to search out what our farming community has to say about such things. I've excerpted the code from Generalcode.com. The code gives notice to developers that farming comes first, that new residents must accomodate themselves to farming practices. There is a restriction on manure piles - they can't be within 50 feet of a property line or within 100 feet of a residential building. The population density of farm animals is also regulated.

All in all, this code seems rather enlightened from our view point. If I were able to make any changes, I would include gardening within the definition of farming just to make it explicit and also allow a couple of chickens on a one acre plot. I would also explicitly allow the raising of one animal for members of 4-H clubs on properties of one acre or less with prior township approval. That would be moot for most properties in the township, which went from one-acre zoning to 3-acre and then to ten acres for new subdivisions.

This code is from the Township of Springfield, Burlington County, New Jersey. (not to be confused with the other Springfield, a borough in Union County, NJ, which is pretty much paved over.)

My source for this excerpt from the code can be found at:

http://www.ecode360.com/6396149




ARTICLE XVIII. Farm Regulations
§ 215-96. Permitted uses.
§ 215-97. Restricted uses.
§ 215-98. Building regulations.
§ 215-99. Right to farm.
Article XVIII. Farm Regulations





§ 215-96. Permitted uses.


A. Agricultural, farmhouses and usual farm buildings shall be permitted without restriction in all zones, except as set forth in this section.

B. Permitted farm uses shall consist of the following:

(1) The tilling of the soil, the raising of crops, fruits and vegetables, greenhouses and nurseries.

(2) The storage, packing and marketing of fruits and vegetables produced on the premises.

(3) The hatching and raising on a commercial scale of poultry, rabbits, fish and dairy farming.

(4) The raising and grazing of horses, cattle, sheep and goats, including supplementary feeding of such animals, provided that such raising or grazing is not a part of, nor conducted in conjunction with, a livestock slaughterhouse or animal by-products business.

(5) Dairy.

(6) Public and private stables and riding academies.

(7) Beekeeping.




§ 215-97. Restricted uses.


A. The keeping or raising of poultry on parcels of land less than 10 acres in area shall be limited to 100 fowl per 40,000 square feet.

B. No manure storage shall be established closer than 50 feet to any property line, nor closer than 100 feet to an existing dwelling.

C. The display and sale of farm products shall be permitted provided that:

(1) At least 50% of such products shall have been produced on the property on which they are offered for sale.

(2) Sale of farm products shall be conducted from a portable stand, dismantled at the end of the growing season, or from a permanent building, closed at the end of the growing season, under the following conditions:
[Amended 11-10-2010 by Ord. No. 2010-08]



(a) Such building shall be located at least 40 feet from the right-of-way line of the road.

(b) Such building shall not exceed 600 square feet in size;

(c) Adequate off-street parking spaces shall be provided which are screened or buffered from the highway or street;

(d) Such buildings will be in character with other buildings on the site.

D. The keeping or raising of farm animals on residential lots of less than one acre is prohibited. For residential lots larger than one acre, the raising or keeping of one farm animal per acre shall be permitted, excluding the first acre. On a lot with a size of two acres, there shall be permitted one farm animal. On a lot with a size of three acres, there shall be permitted two farm animals and so forth. For the purposes of this subsection, “farm animals”shall be defined to include, but not be limited to, horses, cattle, sheep, goats and other livestock.




§ 215-98. Building regulations.


A. Farm buildings shall not be constructed closer than 85 feet to a front property line, nor closer than 50 feet to a side or rear property line.

B. No farmhouse shall be constructed closer than 50 feet to such lines.

C. No barn shall be established closer than 50 feet to any property line, nor closer than 100 feet to an existing dwelling. New dwellings, also, shall not be built closer than 100 feet to existing farm buildings.

D. All other new construction, including structures for temporary storage of feeds, shall conform to setback requirements.

E. All farm buildings are to be approved by the Construction Code Official as to structural safety.




§ 215-99. Right to farm.


[Amended by Ord. No. 96-3]

A. Findings.

(1) The Township Council recognizes the benefits to society in general, the community and its neighborhoods, from horticulture, commercial and home agriculture and animal husbandry, hereafter called farming, by the preservation of open space and the preservation of the aesthetics of the rural countryside and the supplying of present and future generations with the bounties resulting from such activities; and

(2) The Township Council 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 the Township of Springfield; and

(3) The Township Council finds and determines that farmers must be secure in their ability to earn a livelihood and to utilize acceptable, necessary and recognized farming procedure and techniques; and

(4) The Township Council finds and determines that the right to farm all land is a natural right and is hereby ordained to exist as a permitted use everywhere in the Township, regardless of zoning designations and regardless of whether specified as permitted uses therein.

B. Purpose. It is the intent of this subsection to define and prescribe acceptable, necessary and recognized farming practices herein encouraged, established and preserved.

C. Definitions. For the purposes of interpretation of this subsection, 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 and goats; the breeding and grazing of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products.

FARM
An area 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.

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.


D. “Right to farm” activities protected. In accordance with the purposes and findings 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:

(1) Production of agricultural and horticultural crops, trees and forest products, livestock, poultry and other related commodities.

(2) Processing and packaging of the agricultural output of the commercial farm.

(3) Providing 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 Township standards.

(4) Replenishing soil nutrients, including, but not limited to, the spreading of manure and applying chemical and organic fertilizers.

(5) Using 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 and diseases affecting plants and livestock, and for the control of weed infestation.

(6) Clearing woodlands by using open burning and other accepted techniques, and installing and maintaining vegetative and terrain alternations and other physical facilities for water and soil conservation and surface water control in wetland areas.

(7) Using irrigation pumps and equipment and undertaking aerial and ground seeding and spraying, using tractors and other necessary equipment.

(Cool Hiring and utilizing necessary farm labor.

(9) Constructing fences.

(10) Transporting large, slow-moving equipment over roads within the Township.

(11) Conducting 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.

E. Notice of farm use. For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to unimproved land 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 or in close proximity to the above described premises. Grantee further acknowledges that the Township of Springfield, in its adopted “Right to Farm” ordinance, 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.”





tomperrin

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Re: The Right to Farm

Post  camprn on 1/12/2012, 10:22 am

Fabulous post! Thanks for that! Very Happy

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right to farm

Post  james lujack on 1/12/2012, 10:45 am

It gave me the "heebee Jeebees" when it was mentioned that burning woodpile and bulldozing woods down for the sake of commercial ag. and also aerial spraying was just fine. I have just got out of bed and no caffeine yet and maybe I am overreacting. The neighbors around burn wood piles where I let them turn into topsoil but that is just me.They also spread lime on where they graze the way too skinny cattle down here and I had a breathing problem and had to go inside for a breathing treatment.I have asthma. Maybe they need to read "square foot gardening " and "the good life by the Nearings and get on the more natural course.I used to think(back in my teens) that farming was an honorable and Earthfriendly occupation. It's not anymore.When we were in Mi.,we had the well water tested and it was loaded with nitrites,from the many chemically treated corn fields around.Around here it is too dry for corn and the only thing I have seen around here is lime spreading and it got airborne. They need to clean up the junk cars,tires and junk tractors or that will be seeping into our ground water as well Shocked santa It is snowing here....how utterly sad Sad No peace out

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Rights vs Needs

Post  tomperrin on 1/12/2012, 12:32 pm

In my township and many of the neighboring townships, we have a tremendous amount of fallow agricultural acreage that is reverting to brush. While brush is part of the natural reclamation process, I would rather see it be a healthy farm.

Not all trees are beneficial. We cut down 25 100-foot tall Sweet Gums (a pernicious weed, IMHO) as soon as we moved in, and shipped them off to the sawmill and chipped the limbs. Again, Sweet Gums have a role in natural reclamation process, but in our case, sunlight and garden took precedence over prickly seed balls. We kept the pine, beech, oak and maple. We replaced the trees we cut down with arbor vitae, which make a great year-round bird habitat. These we placed in different parts of the property where they won't affect the garden.

New York State's Department of Environmental Conservation tried to ban all fires larger than a campfire throughout the state. Farmers and other land owners, to say nothing of municipalities, managed to get an exemption to allow brush burning during certain times of the year. Requiring municipalities to pick up all brush roadside would have bankrupted the municipalities. Fortunately, a modicum of sanity prevailed.

Not much aerial spraying done here in NJ. Too many power lines, low flying military and commercial aircraft, together with the intermix of agricultural and residential in relatively small plots. Much of our agriculture in Central Jersey is either nursery related, traditional soybean/corn/winter wheat rotation, or horse breeding & stabling farms.

One town (Princeton) harrassed a commercial composter out of town because the suburbanites didn't like the smell of their wood chip and leaf based product. The composter did everything it could to be neighbor friendly including giving away free compost to all comers. A farmer in a neighboring township closed down his dairy operation because the state's EPA required him to install a $250,000 manure storage facility. Up in Essex County, NY, the Adirondack Park Agency harrassed and fined an organic farmer for building habitable shelter for his workers. After a couple years, the APA definitively lost in NY, thus securing forever the Right to Farm in New York State, albeit at great cost to the state's taxpayers. The new federal regulations will prohibit a <16 year old from learning to drive a tractor or going into the barn of a neighbor's farm. I'm sure there are an endless number of examples of onerous regulations concerning agriculture across the nation. Perhaps Springfield Township's Right to Farm ordinance can be a model for others. I hope so.

We call ourselves "The Garden State" but Cook College (the state aggie school) Library at Rutgers stopped buying agricultural texts back in the 1970's. They were probably replaced by manuals on the quickest way to pave over the state and building thin stick McMansions.

Anyway, I'm glad I live in a Right to Farm township. That does not mean I would move next door to a pig farm. But it does mean that I would not object to one in the township.

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Re: The Right to Farm

Post  LittleGardener on 1/13/2012, 2:26 am

@tomperrin wrote:The ongoing discussion on Jail Time for Gardening
motivated me to search out what our farming community has to say about such things.
Thanks for sharing this. Smile The other community we live in sometimes, prolly has next to no rules like these, but will check.

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Re: The Right to Farm

Post  madnicmom on 1/13/2012, 1:12 pm

I live in a city that is surrounded by farms. The very year I moved here, the city changed ordinances to a person had to have 2 acreas to have chickens due to someone had 5 chickens in their backyard and 1, yes 1 neighbor complained, even the other neighbors went to the meeting and stated they liked the chickens, it was changed. Sad

So i'm stuck with gardening and adding some fruit trees on my 0.2 acre plot. I'm sooo tempted to do a chicken tractor but I don't trust the neighbor to the left of me.

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Re: The Right to Farm

Post  camprn on 1/13/2012, 1:18 pm

Maybe they would be interested in fresh eggs traded for their silence? What a Face Well, perhaps it is time to get a petition going in town and change the ordinance again?

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Re: The Right to Farm

Post  LittleGardener on 1/13/2012, 1:43 pm

Family sunny agriculture is how God designed & created us to exist & thrive... it is THE way to nourish ourselves.

Those preferring artificial/factory stuff they call food, that's what cities are for. - How corrupt & tragic to deny gardening...

I grew up in a Farming community, and everyone was healthy. And no one should have any right to deny such HEALTH to another. - Most people here would agree, right?

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Re: The Right to Farm

Post  NorthWoodsFever on 1/13/2012, 2:38 pm

@LittleGardener wrote:Family sunny agriculture is how God designed & created us to exist & thrive... it is THE way to nourish ourselves.

Those preferring artificial/factory stuff they call food, that's what cities are for. - How corrupt & tragic to deny gardening...

I grew up in a Farming community, and everyone was healthy. And no one should have any right to deny such HEALTH to another. - Most people here would agree, right?

I completely agree

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Re: The Right to Farm

Post  Lavender Debs on 1/14/2012, 8:42 am

@tomperrin wrote:In my township and many of the neighboring townships, we have a tremendous amount of fallow agricultural acreage that is reverting to brush. While brush is part of the natural reclamation process, I would rather see it be a healthy farm....snip....


About "fallow ground" I wonder how it got that way? It could be that the kids didn't want to farm but it could also be that there was no money to be made for all the taxes, regulation compliance and the big one, artificially low prices charged by agro business because they are tax-payer supported through farm subsidies that were never intended for agro business. As long as the Walmarts and Safeways of the country stock their shelves with product that is partly paid for by taxes (farm subsidies) small farms cannot get an honest price for their food. We cannot be stupid. Shoppers complain about the high price of organic food and wonder why it costs more to buy organic than it does to buy other food that has been chemically fed, sprayed by airplanes that use expensive fuel and hermetically sealed in buildings that keep the public from seeing or smelling their product. Is manure that much more expensive then a building full of chemicals and transportation using diesel?

In my arrogant opinion, if the monsantos and DuPonts and Bayers of the world had to charge an honest price for their products (without my tax dollars) they would cost multiple times what organic food costs. Shipping across country would be prohibitive.

Do I want to go back to local only food? I just bought a tub of mushrooms, beautiful, crisp and sweetly pungent. Where did they come from? Costco? But where did the mega monster Costco get them (BTW, I like Costco)?

The label (which I did not look at when I put mushrooms in my cart because I was looking at the size of shrooms in the box while deciding if I wanted to pay about $0.50 more for Crimini mushrooms) says Dole. Dole is horrible to foreign workers. Gun battle takes place in small countries because of Dole and their oppressive ways with banana plantations. So right away I am mildly annoyed with myself.

The label also tells me that the mushrooms come from Canada. Yea! Canada can almost be considered local food from my Everett micro-farm. But wait.....we are not talking B.C. because these mushrooms were distributed to Costco from Kennett Square, PA !!! How much did it cost to grow these in a warehouse in Canada? What did it cost to bring them across the border? To package and warehouse them in Pennsylvania? What did it cost to ship them to a Costco warehouse before they found their way to the Everett Costco and then to my house?

Here is the real question. Why does it cost $3.59 for 24 oz of perfect white button mushrooms factory farmed in Eastern Canada at my Everett Costco, but it costs $8.79 for 16 oz of less perfect looking white button mushrooms at the food co-op in North Everett? The North Everett mushrooms are grown in the county where I live. They are picked by local farmers and delivered from less than 50 miles away using far less petroleum products AND I can visit the farm to see if I approve of their farming practice.

As Joel at Polyface farms wrote.......folks, this aint normal.

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Re: The Right to Farm

Post  Lavender Debs on 1/14/2012, 9:18 am

Euwwwww!

I just read "That isn't wax on your apple" This puts Costco mushrooms at a whole new level of ish-da.

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"Edible" wax, etc.

Post  tomperrin on 1/14/2012, 11:49 am

Dude, That Isn’t Wax On Your Apple! (http://realitybloger.wordpress.com/2012/01/08/that-isn-wax-on-your-apple/)

does bring the Right to Farm discussion to an entirely different level. I've boycotted supermarket cukes for years because of the "edible" wax. I don't eat anything grown, produced, or packaged in China. I don't eat anything with High Fructose Corn Syrup. I've trained myself to read labels. If the bread has more than 4 or 5 ingredients, or if I need an MIT graduate standing at my side to interpret the ingredients or pronounce them correctly, it doesn't get bought.

Now we're told that the supermarkets are altering veggies to keep them "fresh", all without disclosure to the consumer. We get some protection when the produce is labelled Certified Organic, but that whole process is time consuming and expensive for the farmer.

The first solution is to grow my own & learn to preserve by canning and freezing. The second is to boycott the stores that sell this stuff by patronizing those who don't. What we need are more local nurseries and greenhouses - surely the savings in transportation costs must be awesome, particularly with rising gas prices.

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