[HISTORY: Adopted by the Township Committee of the Township
of Wall as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Land use — See Ch. 140.
[Adopted 9-8-2010 by Ord. No. 14-2010[1]]
[1]
Editor's Note: This article was originally adopted as Ch.
151 but was renumbered to maintain the alphabetical sequence of the
Code.
The right to farm all land is hereby recognized to exist as
a natural right and is also hereby ordained to exist as a permitted
use everywhere in the Township of Wall, subject only to size requirements
and to Township health and sanitary codes. The right to farm, as it
is used in this section, includes the use of irrigation pumps and
equipment, aerial and ground seeding and spraying, tractors, farm
laborers and the application of chemical equipment and modern procedures,
all for the purpose of producing from the land agricultural products
such as vegetables, grains, hay, fruits, fibers, wood, trees, plants,
shrubs, flowers and seeds, as well as the propagation and maintenance
of horses, cows and other grazing stock.
As used in this chapter, the following terms have the meanings
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 parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income. 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 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.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
A.
The right
to farm is granted to commercial farms so that they may engage in
the following activities, subject to the requirements specified in
this chapter:
(1)
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;
(2)
Process and package the agricultural output of the commercial farm;
(3)
Provide for the operation of a farm market, including the construction
of building and parking areas in conformance with municipal standards;
(4)
Replenish soil nutrients and improve soil tilth;
(5)
Control pests, predators and diseases of plants and animals;
(6)
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;
(7)
Conduct on-site disposal of organic agricultural wastes;
(8)
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
(9)
Engage in any other agricultural activity as determined by the State
Agriculture Development Committee and adopted by the 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.).
B.
All classes
(1 through 6) of cannabis establishment or cannabis distributors or
cannabis delivery services, including cannabis cultivators, manufacturers,
wholesalers, retailers, cannabis testing facilities, medical cannabis
dispensaries, clinical registrant or cannabis retailer, including
any alternative treatment centers deemed to hold a medical cannabis
dispensary permit pursuant to Section 7 of P.L. 2009, c. 307 (N.J.S.A.
24:6I-7) are expressly prohibited within the Township of Wall.
[Added 2-28-2018 by Ord.
No. 2-2018; amended 5-26-2021 by Ord. No. 11-2021]
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 seq. (July
2,1998);
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 Procedure 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;
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 article 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 article 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 article shall also be provided
by the Construction Department to each and every individual who requests
a copy.
