[Ord. No. 2009-18 § I]
As used in this chapter, the following words shall have the
following meanings:
Shall mean:
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, N.J.S.A. 54:4-23.1
et seq.
Shall mean 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.
Shall mean 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.
Shall mean a direct marketing alternative wherein retail
or wholesale customers are invited onto a commercial farm in order
to harvest agricultural, floricultural or horticultural products.
[Ord. No. 2009-18 § I]
a.
The right to farm is hereby recognized to exist in the Township of
Holmdel. This right to farm includes, but not by way of limitation:
1.
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;
2.
Erection of essential agricultural buildings in conformance with
Township of Holmdel standards;
3.
The grazing of animals and use of range for fowl provided such animals
and fowl are confined to the property of the commercial farm;
4.
Construction of fencing in accord with N.J.A.C. 2:76-2A-9;
5.
The operation and transportation of large, slow-moving equipment
over roads within the Township of Holmdel, provided appropriate precautions
are taken to warn operators of overtaking and approaching vehicles;
6.
Control of pests including but not limited to insects and weeds,
predators and diseases of plants and animals;
7.
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;
8.
Use of any and all equipment, including but not limited to: irrigation
pumps and equipment, aerial and ground seeding and spraying, tractors,
harvest aids, and bird control devices;
9.
Processing and packaging of the agricultural output of the commercial
farm;
10.
The operation of a farm market with attendant signage in accord with Township Code Section 30-96.2d, including the construction of building and parking areas in conformance with Township of Holmdel standards;
11.
The operation of a pick-your-own operation with attendant signage in accord with Township Code Section 30-96.2d;
12.
Replenishment of soil nutrients and improvement of soil tilth;
13.
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;
14.
On-site disposal of organic agricultural wastes;
15.
The application of manure and chemical fertilizers, insecticides
and herbicides;
16.
Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
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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 (C.52:14B-1 et seq.).
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b.
Commercial farm operators shall adhere to generally accepted agricultural
management practices that have been:
1.
Promulgated as rules by the State Agriculture Development Committee;
2.
Recommended as site-specific agricultural management practices by
the County Agriculture Development Board;
3.
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
4.
Recommended by the Rutgers Agricultural Experiment Station.
c.
The foregoing activities must be in conformance with applicable Federal
and State law.
d.
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 fumes associated with these practices; but,
pursuant to N.J.S.A. 4:1C-10, may not pose a direct threat to public
health and safety.
e.
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. No. 2009-18 § I]
a.
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.
b.
To help parties resolve conflicts involving the operation of commercial
farms, the State Agriculture Development Committee has also established
an Agricultural Mediation Program. Mediation is a voluntary process
in which a trained, impartial mediator helps disputing parties examine
their mutual problems, identify and consider options, and determine
if they can agree on a solution. A mediator has no decision-making
authority. Successful mediation is based on the voluntary cooperation
and participation of all the parties.
