This chapter may be known and shall be cited by the short title
of "Holland Township 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 inappropriate municipal
regulations and private nuisance suits, where best management practices
are applied and are consistent with relevant federal and state law
and nonthreatening to the public health and safety.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURE
In accordance with N.J.S.A. 4:1C-13 b., the use of land for
common farmsite activities, including but not limited to production,
harvesting, storage, grading, packaging, processing and the wholesale
and retail marketing of crops, plants, animals and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
COMMERCIAL FARM
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 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.
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
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.
PICK-YOUR-OWN OPERATION
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
This chapter is adopted in accordance with the New Jersey Right to Farm Act (N.J.S.A. 4:1C-1 et seq.), and regulations duly adopted thereunder, and is not adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and consequently this Chapter
81 is not a municipal zoning or subdivision ordinance. While nothing in this Chapter
81 is intended to be construed to permit any use of land or structure in any manner contrary to Chapter
100, Land Use, of this Code, under applicable state law the provisions of this Chapter
81 and Chapter
100 are to be applied in a manner which gives appropriate consideration to agricultural practices at issue and also to zoning and other land use regulations. It is recognized that in the event of a conflict between Chapter
81 and Chapter
100, in accordance with state law, resolution procedures involving the Hunterdon County Agriculture Development Board may be utilized.