This chapter may be known and shall be cited
by the short title of "Borough of Hampton Right-To-Farm Ordinance."
The intent of this chapter is to recognize state
law regarding the right to farm, such as the Right-to-Farm Act (N.J.S.A.
4:1C-1 et seq.), and to assure the continuation and expansion of commercial
and home agricultural pursuits by encouraging a positive agricultural
business climate and protecting the farmer against appropriate municipal
regulations and private nuisance suits, where best management practices
are applied and are consistent with relevant federal and state law
and are nonthreatening to the public health and safety.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL
Production for the sale of plants and animals useful to man,
including but not limited to forages and sod crops; grains and feed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, horses, ponies, mules and
goats, including the breeding, boarding, raising, rehabilitating,
training or grazing of any or all of such animals, except that livestock
shall not include dogs; bees and apiary products; fur animals, trees
and forest products; or when devoted to and meeting the requirements
and qualifications for payments and other compensation pursuant to
a soil conservation program under an agreement with an agency of the
federal government.
COMMERCIAL FARM
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 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.
FARM MANAGEMENT UNIT
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.
Nothing in this chapter, however (despite any
other wording in this chapter), shall be construed to permit any use
of land or structure in any manner contrary to the Borough of Hampton
Development Regulations Ordinance or any future zoning ordinance or regulation of the Borough.