[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. 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
- B. 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.
- FARM MARKET
- 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:
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;
Process and package the agricultural output of the commercial farm;
Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;
Replenish soil nutrients and improve soil tilth;
Control pests, predators and diseases of plants and animals;
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;
Conduct on-site disposal of organic agricultural wastes;
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
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:
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
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
The farm's operation is in compliance with all relevant federal or state statutes or rules and regulations; and
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.