[HISTORY: Adopted by the Township Committee of the Township of Manalapan 2-25-2004
by Ord. No. 2004-05. Amendments noted where applicable.]
As used in this chapter, the following term has the meaning indicated:
A farm management unit of no less than five acres producing agricultural
or horticultural products worth $2,500 or more annually and satisfying the
eligibility criteria for differential property taxation pursuant to the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit of less than five acres producing agricultural
or horticultural products worth $50,000 or more annually and otherwise satisfying
the eligibility criteria for differential property taxation pursuant to the
Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A facility used for the wholesale or retail marketing of the agricultural
output of a commercial farm and products that contribute to farm income, except
that, if a farm market is used for retail marketing, at least 51% of the annual
gross sales of the retail farm market shall be generated from sales of agricultural
output of the commercial farm or at least 51% of the sales area shall be devoted
to the sale of agricultural output of the commercial farm, and except that,
if a retail farm market is located on land less than five acres in area, the
land on which the farm market is located shall produce annually agricultural
or horticultural products worth at least $2,500.
The right to farm is granted to commercial farms in that they may engage
in the following activities subject to the requirements specified in this
chapter:
A.
Produce, agricultural and horticultural crops, trees
and forest products, livestock and poultry and other commodities as described
in the Standard Industrial Classification for agriculture, forestry, fishing
and trapping;
B.
Process and package the agricultural output of the commercial
farm;
C.
Provide for the operation of a farm market, including
the construction of building and parking areas in conformance with municipal
standards;
D.
Replenish soil nutrients and improve soil tilth;
E.
Control pests, predators and diseases of plants and animals;
F.
Clear woodlands using open burning and other techniques,
install and maintain vegetative and terrain alterations and other physical
facilities for water and soil conservation and surface water control in wetland
areas;
G.
Conduct on-site disposal of organic agricultural wastes;
H.
Conduct agriculture-related educational and farm-based
recreational activities, provided that the activities are related to marketing
the agricultural or horticultural output of the commercial farm; and
I.
Engage in any other agricultural activity as determined
by the State Agriculture Development Committee and adopted by rule or regulation
pursuant to the provisions of the Administrative Procedure Act P.L. 1968,
c. 410 (N.J.S.A. 52:14B-1 et seq.).
Commercial farms located within the Township may engage in permitted
activities so long as they satisfy the following requirements:
A.
The commercial farm is located in an area within the
Township in which agriculture is a permitted use under the Township Zoning
Ordinance and is consistent with the Township's Master Plan or which
was in operation as of the effective date of N.J.S.A. 4:1C-3 et al. (July
2, 1998); and
B.
The farm's operation conforms to agricultural management
practices recommended by the State Agriculture Development Committee and adopted
pursuant to the provisions of the Administrative Procedures Act, N.J.S.A.
52:14B-l et seq., or whose specific operation or practice has been determined
by the Monmouth County Agriculture Development Board to constitute a generally
accepted agricultural operation or practice; and
C.
The farm's operation is in compliance with all relevant
federal or state statutes or rules and regulations; and
D.
The farm's operation does not pose a direct threat
to public health and safety.
The seller of any property located within 1,000 feet of a commercial
farm as defined in this chapter must include in the contract of sale a provision
which states that the prospective buyer has been notified of the proximity
of the subject property to the commercial farm.
A copy of this chapter shall be prominently posted at Town Hall, the
offices of the Planning Board and Zoning Board of Adjustment, local real estate
offices and within the sales office at subdivision construction sites. A copy
of this chapter shall also be provided by the Construction Department to each
and every individual who requests a copy.
