As used in this chapter, the following words shall have the
following meanings:
[Ord. #1773, 12-28-2004, added] | ||
COMMERCIAL FARM means:
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a.
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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
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b.
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A farm management unit 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.
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FARM MANAGEMENT UNIT — Means 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.
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FARM MARKET — Means 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 the 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.
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PICK-YOUR-OWN OPERATION — Means a direct marketing alternative
wherein retail or wholesale customers are invited onto a commercial
farm in order to harvest agricultural, floricultural or horticultural
products.
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The right to farm is hereby recognized to exist in this Township
and is hereby declared a permitted use in all zones of this Township.
This right to farm includes, but not by way of limitation:
[Ord. #1773, 12-28-2004, added] | ||
a.
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Production of agricultural and horticultural crops, trees, apiary
and forest products, livestock, poultry and other commodities as described
in the Standard Industrial Classification for agriculture, forestry,
fishing and trapping.
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b.
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Housing and employment of necessary farm laborers.
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c.
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Erection of essential agricultural buildings, including those
dedicated to the processing and packaging of the output of the commercial
farm and ancillary to agricultural and horticultural production.
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d.
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The grazing of animals and use of range for fowl.
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e.
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Construction of fences.
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f.
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The operation and transportation of large, slow-moving equipment
over roads within the township.
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g.
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Control of pests, including but not limited to insects and weeds,
predators and diseases of plants and animals.
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h.
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Conduction of 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 permission of the farm owner and lessee is obtained.
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i.
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Use of any and all equipment, including but not limited to irrigation
pumps and equipment, aerial and ground seeding and spraying, tractors,
harvest aides and bird control devices.
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j.
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Processing and packaging of the agricultural output of the commercial
farm.
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k.
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The operation of a farm market with attendant signage, including
the construction of building and parking areas in conformance with
Township standards.
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l.
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The operation of a pick-your-own operation with attendant signage.
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m.
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Replenishment of soil nutrients and improvement of soil tilth.
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n.
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Clearing of woodlands using open burning and other techniques,
installation and maintenance of vegetative and terrain alterations
and other physical facilities for water and soil conservation and
surface water control in wetland areas.
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o.
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On-site disposal of organic agricultural wastes.
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p.
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The application of manure and chemical fertilizers, insecticides
and herbicides.
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q.
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Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
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r.
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Commercial farm operators may 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.).
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Commercial farm operators are strongly advised to adhere to
generally accepted agricultural management practices that have been:
[Ord. #1773, 12-28-2004, added] | ||
a.
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Promulgated as rules by the State Agriculture Development Committee;
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b.
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Recommended as site-specific agricultural management practices
by the County Agriculture Development Board;
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c.
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Approved by the local Soil Conservation District in the form
of a farm conservation plan that is prepared in conformance with the
United States Department of Agriculture, Natural Resources Conservation
Service (NRCS) Field Office Technical Guide (FOTG), revised April
20, 1998, as amended and supplemented; or
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d.
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Recommended by the Rutgers Agricultural Experiment Station.
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The foregoing activities must be in conformance with applicable
Federal and State law.
[Ord. #1773, 12-28-2004, added] |
The foregoing practices and activities may occur on holidays,
weekdays and weekends by day or night and shall include the attendant
or incidental noise, odors, dust and times associated with these practices.
[Ord. #1773, 12-28-2004, added] |
It is hereby determined that whatever nuisance may be caused
to others by these foregoing uses and activities is more than offset
by the benefits of farming to the neighborhood community and society
in general.
[Ord. #1773, 12-28-2004, added] |
Any person aggrieved by the operation of a commercial farm shall
file a complaint with the applicable County Agriculture Development
Board or the State Agriculture Development Committee in counties where
no county board exists prior to filing an action in court.
[Ord. #1773, 12-28-2004, added] |
a.
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An additional purpose of this chapter is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near commercial farms of accepted activities or practices associated
with those neighboring farms. It is intended that, through mandatory
disclosures, purchasers and users will better understand the impacts
of living near agricultural operations and be prepared to accept attendant
conditions as the natural result of living in or near land actively
devoted to commercial agriculture or in an agricultural development
area, meaning an area identified by a County Agriculture Development
Board pursuant to the provisions of N.J.S.A. 4:1C-1 8 and certified
by the State Agriculture Development Committee.
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b.
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The disclosure required by this section is set forth herein
and shall be made a part of the following disclosure form entitled
"Real Estate Transfer Disclosure Statement."[1]
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