[HISTORY: Adopted by the Town Board of the Town of Farmington 9-23-1996
by L.L. No. 6-1996 (Ch. 11B of the 1969 Code). Amendments noted where applicable.]
This chapter shall be known as the "Right To Farm Life Law of the Town
of Farmington."
A.
It is hereby found and declared by the Town Board of
the Town of Farmington that agricultural lands are irreplaceable assets. To
that end, the Town Board affirms that farming is an essential activity. Farming,
as defined in the Right to Farm Life Law, reinforces the special quality of
life enjoyed by citizens, provides the visual benefit of open space and generates
economic benefits and social well-being within the community. Therefore, it
is emphasized to residents that this municipality encourages its agriculture
and requests its residents to be understanding of the necessary day-to-day
operations.
B.
It is the general purpose and intent of this chapter
to maintain and preserve the rural tradition and character of the Town of
Farmington, to permit the continuation of agricultural practices and the business
of farming, to protect the existence and operation of farms and to encourage
the initiation and expansion of farms and agricultural businesses. In recognition
of the fact that there are many practices and activities which are inherent
to and necessary for the business of farming, it is the specific purpose and
intent of this chapter to attain the aforementioned goals and objectives by
providing that such practices and activities may proceed and be undertaken
free of unreasonable and unwarranted interference of restrictions.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the Town of Farmington, and
to conserve, protect and encourage the development and improvement of agricultural
land for the production of food and other products, hereby declares that it
shall be the policy of the Town of Farmington to provide reasonable notice
to prospective landowners that farming activities may occur on neighboring
lands.
A.
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable and effective
application.
B.
AGRICULTURAL FARM OPERATION
AGRICULTURAL LAND
AGRICULTURAL PRACTICES
(1)
(a)
(b)
(c)
(d)
(e)
(2)
FARMER
FARMING
As used in this chapter, the following terms shall have
the meaning indicated:
Any person, organization, entity, association, partnership or corporation
engaged in the business of agriculture or farming or agricultural practices
whether for profit or otherwise.
All that real property within the boundaries of the Town of Farmington
currently used for agricultural farm operations or upon which agricultural
practices are being utilized or upon which agricultural farm operations or
agricultural practices may in the future be established or utilized.
Any activity, including the cultivation of land, the raising of crops,
the raising of livestock, poultry, horticulture, timber, fur-bearing animals;
the production, whether for sale to others or home use or consumption, of
plants and animals, fruit, vegetable and field crops, plantations, orchards,
nurseries, greenhouses, stables and horse-boarding facilities or other similar
agricultural practices used primarily for the raising, marketing or sales
of on-premises-produced agricultural or horticultural commodities. Further,
agricultural practices shall include any activity now permitted by law, engaged
in by a farmer in connection with and furtherance of the business of agricultural
practices and shall include, without limitation, the collection, transportation,
distribution and storage of animal and poultry waste; storage, transportation
and use of equipment for tillage, planting, harvesting and marketing; transportation,
storage and use of legally permitted fertilizers and limes, insecticides,
herbicides and pesticides, all in accordance with local, state, and federal
law and regulation and in accordance with the manufacturer's instructions
and warnings; construction of farm structures and facilities as permitted
by local and state building code regulation; construction and maintenance
of fences; and the use and/or maintenance of related pastures, idle or fallow
land, woodland, wetland, farm ponds, farm roads and certain farm buildings
and other structures related to agricultural practices.
The following examples are intended to be illustrative of common "agricultural
practices" covered within this definition, but are not inclusive:
Providing for the wholesale and retail marketing, including U-pick marketing,
and sales of the agricultural output of the farm and related products that
contribute to farm income, including the sale at the owner's farm stand of
agricultural products so long as at least 75% of the gross sales of the farm
stand have been grown on said farm.
Replenishing soil nutrients, including but not limited to the spreading
of manure and applying approved chemical and organic fertilizers.
Using federally approved products, in accordance with labeled instructions,
as recommended by the New York Agricultural Experiment Station and the United
States and New York Environmental Protection Agencies for the control of pests,
predators, varmints, diseases affecting plants and livestock and for the control
of weed infestation.
Transporting large, slow moving equipment over roads within the Town
of Farmington, in accordance with local, state and federal law and regulation.
Clearing of woodlands using accepted techniques and installing and maintaining
vegetative and terrain alterations and other physical facilities for water
and soil conservation and surface water control.
The foregoing uses, activities and rights, when reasonable and necessary
for agricultural or horticultural production and when conducted in accordance
with generally accepted agricultural practices, may occur on holidays, Sundays
and weekends by day or night.
Any person, organization, entity, association, partnership or corporation
engaged in an agricultural farm operation or agricultural practices as defined
herein.
The act of engaging in an agricultural farm operation and/or agricultural
practices as defined herein.
Farmers, as well as those employed or otherwise authorized to act on
behalf of farmers, may lawfully engage in agricultural practices or an agricultural
farm operation within the Town of Farmington at any and all such times and
at all such locations as are reasonably necessary to carry on an agricultural
farm operation or agricultural practices. In determining the reasonableness
of the time, place and methodology of such operation, due weight and consideration
shall be given to both traditional customs and procedures in the agricultural
industry as well as to advances resulting from increased knowledge or improved
technologies.
No agricultural practice or appurtenances thereto, conducted or maintained
in a manner consistent with management practices such as those recommended
by state and federal agencies within the educational aspects of farmers and
agricultural practices, herein and hereafter referred to as "accepted customs
and standards," shall be or become either a public or private nuisances.
No person, group, entity, association, partnership or corporation shall
engage in any conduct or act in any manner so as to unreasonably, intentionally,
knowingly and/or deliberately interfere with, prevent, or in any way deter
the practice of farming within the Town of Farmington.
A.
For purpose of giving due notice of nearby farming uses
to proposed new residential areas adjacent to unimproved land then being farmed
or suitable therefor, the Planning Board shall require any applicant for an
adjacent major or minor subdivision, as a condition of approval of such application,
to include a provision in each and every deed conveying all or any portion
of the lands thereby subdivided, as well as on filed final subdivision maps,
the following record of notice to and waiver by grantees of such present or
future proximate farming uses, which provision shall be made to run with the
land:
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"The grantee hereby acknowledges notice that agricultural operations
exist throughout the Town of Farmington and that there are presently or may
in the future be farm uses adjacent or in close proximity to the within described
premises. The grantee acknowledges that farmers have the right to undertake
farm practices which may generate dust, odor, fumes, noise and vibration associated
with agricultural practices, and that these practices are permitted under
the Town of Farmington Right to Farm Life Ordinance and by acceptance of this
conveyance, the grantee does hereby waive objection to such activities."
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B.
The risk of any impact of these agricultural uses upon
the purchase of property is specifically to be borne by the purchaser of that
property.
A.
Noncompliance with any provisions of this chapter shall
not affect title to real property nor prevent the recording of any document.
Violation of any provision of this chapter may constitute an offense punishable
by law with a fine of not less than $25 nor more than $150 for each day's
violation or continuation of the violation.
B.
In addition, an action to restrain or enjoin any violation
of this chapter may be brought in a court of competent jurisdiction by any
aggrieved entity and/or the Town of Farmington.
A.
Should any controversy arise regarding any inconveniences
or discomfort occasioned by agricultural operations, including but not limited
to noises, odors, fumes, dust, the operation of machinery of any kind during
any hour of the day or night, the storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides and/or pesticides, the parties will submit the controversy to the
Town of Farmington Agricultural Advisory Committee as set forth below in an
attempt to resolve the matter prior to the filing of any court action.
B.
Any controversy between the parties may be submitted
to the Agricultural Advisory Committee, whose decision shall be advisory only,
within 30 days of the date of the occurrence of the particular activity giving
rise to the controversy or of the date a party became aware of the occurrence.
C.
The effectiveness of the Agricultural Advisory Committee
as a forum for the resolution of disputes is dependent upon full discussion
and complete presentation of all pertinent facts concerning the dispute in
order to eliminate any misunderstandings. The parties are encouraged to cooperate
in the exchange of pertinent information concerning the controversy.
D.
The controversy shall be presented to the Agricultural
Advisory Committee by written consent of one of the parties within the time
specified herein. Thereafter, the Committee may investigate the facts of the
controversy, but must, within 30 days, hold a meeting to consider the merits
of the matter and within 20 days of the meeting render a written decision
to the parties. At the time of the meeting, both parties shall have an opportunity
to present what each considers to be pertinent facts.
E.
The decision of the Agricultural Advisory Committee shall
not be binding. If one of the parties is not satisfied with the Committee's
decision, upon agreement of both parties, the matter may be submitted to the
Town Board according to the procedures set forth as follows:
(1)
The controversy between the parties shall be submitted
to the Town Board upon written agreement of both parties.
(2)
The Town Board shall review the controversy with a report
from the proceedings of the Agricultural Advisory Committee. Within 30 days
of the written request, the Town Board shall render a written decision to
the parties.
Insofar as the provisions of this chapter are inconsistent with the
provisions of any other local law, rule or ordinance, the provisions of this
chapter shall supersede those found inconsistent and prevail.
