[Adopted 9-8-2010 by Ord. No. 14-2010]
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:
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 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 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. 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.
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.
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.