[HISTORY: Adopted by the Town Board of the
Town of Barre as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 350.
[Adopted 4-11-2006 by L.L. No. 1-2006]
This article shall be known as the "Right to
Farm Law of the Town of Barre, Orleans County, New York."
A.
The purpose of this article is to recognize that farming
is an essential activity within the Town of Barre as it reinforces
the quality of life enjoyed by its citizens, provides employment for
agriservices, provides locally produced fresh commodities, promotes
economic stability, maintains open space, promotes environmental quality,
and does not increase the demand for services provided by local government.
B.
In order to maintain a viable farming economy in the
Town of Barre, farmers must be afforded protections allowing them
the right to farm. Therefore, the Town of Barre emphasizes to all
citizens and newcomers that this Town encourages its agriculture and
requests its citizens and newcomers to be understanding of the necessary
day-to-day operation involving agricultural operations.
C.
Further, in order to address the unique circumstances
facing agriculture in Orleans County, it is necessary to provide for
more comprehensive local right to farm protection as provided in this
article. It is the general purpose and intent of this article to maintain
and preserve the rural tradition and character of the Town of Barre,
to permit the continuation of agricultural practices, to protect the
existence and operation of farms and agricultural businesses and to
encourage the initiation and expansion of farms and agricultural businesses.
D.
For the purpose of reducing future conflicts between
farmers and nonfarmers, it is necessary for notice to be given to
its neighbors about the nature of agricultural practices.
As used in this article, the following terms
shall have the meanings indicated:
Includes, but is not limited to, storage, processing, marketing
of agricultural products, as well as businesses that supply fertilizers,
equipment, crop protection, feed and agricultural supplies.
Includes all farming activities conducted necessary to the
operation of the agricultural entity.
Includes, but is not limited to, livestock, beef, hogs, dairy,
poultry, fur-bearing animals, aquaculture, fruit, vegetable and field
crop farms, plantations, orchards, nurseries, greenhouses, or other
similar operations used primarily for raising of agricultural or horticultural
commodities.
A.
On any land which may be lawfully used for agricultural
purposes in the Town of Barre, whether or not it is located in an
agricultural district, an agricultural practice shall not constitute
a public or private nuisance, provided such agricultural practice
constitutes a sound agricultural practice.
B.
Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of the farmers, may lawfully engage in
farming practices within Orleans County at any and all such times
and all such locations as are reasonably necessary to conduct the
business of farming. For any activity or operation, 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 farming industry as well as to advances resulting
from increased knowledge and improvements in technologies.
C.
Nothing in this article shall be construed to prohibit
any aggrieved party from recovering damages for bodily injury or wrongful
death.
A.
In accordance with the New York State Agriculture
and Markets Law § 310, prior to sale, purchase or exchange
of real property located partially or wholly in an agricultural district,
the prospective grantor shall deliver to the prospective grantee a
notice which states the following:
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"It is the policy of this state and this community
to conserve, protect and encourage the development and improvement
of agricultural land for the production of food, and other products,
and also for its natural and ecological value. This notice is to inform
perspective residents that the property they are about to acquire
lies partially or wholly within an agricultural district and that
farming activities occur within the district. Such farming activities
may include, but not be limited to, activities that cause noise, dust
and odors."
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B.
The above notice shall also be included on building
permits by the Code Enforcement Officer and transfer of property by
the Assessor or County Tax Office.
In the event of disputes that may occur among
property owners in the Town of Barre regarding agricultural practices,
such disputes shall be referred to the Orleans County Farmland Protection
for resolution according to their established procedures.
