[HISTORY: Adopted by the Town Board of the Town of Horseheads
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-2008 by L.L. No. 1-2008]
A.
The Board recognizes that farming is an essential enterprise and
an important industry that enhances the economic base, natural environment
and quality of life in the Town of Horseheads. Therefore, the Town
Board of the Town of Horseheads finds and declares that this Town
encourages its agriculture and urges understanding of and cooperation
with the necessary day-to-day operations involved in farming.
B.
It is the general purpose and intent of this law to maintain and
preserve the rural traditions and character of the Town, to permit
the continuation of agricultural practices, to protect the existence
and operation of farms, to encourage the initiation and expansion
of farms and agribusiness, and to promote new ways to resolve disputes
concerning agricultural practices and farming operations. In order
to maintain a viable farming economy in Horseheads, it is necessary
to limit the circumstances under which farming may be deemed to be
a nuisance and to allow agricultural practices inherent to and necessary
for the business of farming to proceed and to be undertaken free of
unreasonable and unwarranted interference or restriction.
As used in this chapter, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop protection methods, manure
application and construction and use of farm structures and fences.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the State Agriculture and Markets Law, including
but not limited to:
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
Woodland products, including maple sap, logs, lumber, posts
and firewood.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
As defined in § 301, Subdivision 11, in the State
Agriculture and Markets Law.
Includes land used for production and sale of woodland products,
including but not limited to logs, lumber, posts and firewood.
A.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
with this Town at all times and all such locations as are reasonably
necessary to conduct the business of agriculture. For any agricultural
practice, in determining the reasonableness of the time, place and
methodology of such practice, 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 improved
technologies.
B.
Agricultural practices conducted on farmland shall not be found to
be a public or private nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation.
(2)
Conducted in a manner that is not negligent or reckless.
(3)
Conducted in conformity with generally accepted and sound agricultural
practices.
(4)
Conducted in conformity with all local, state and federal laws and
regulations.
(5)
Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to health or safety or any person;
and
(6)
Conducted in a manner that does not unreasonably obstruct the free
passage or use of navigable or flowing waters or public roadways.
C.
Nothing in this chapter shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to failure to follow sound agricultural practices, as outlined
in this section.
A.
In order to promote harmony between farmers and their neighbors,
the Town requires landholders and/or their agents and assigns to comply
with § 310 of Article 25-AA of the State Agriculture and
Markets Law and to provide notice to prospective purchasers and occupants
as follows: "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
prospective residents that farming activities occur within the Town.
Such farming activities may include, but not be limited to, activities
that cause noise, dust, smoke and odors."
B.
There shall be no raising or harboring of traditional and nontraditional
livestock, including fowl, in those planned developments already established
within the Town of Horseheads or in future developments.
A.
Should any controversy arise regarding inconveniences occasioned
by agricultural operations, either party may submit the controversy
to a dispute resolution committee as set forth below in an attempt
to resolve the matter prior to a request for a determination by the
Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25-AA
of the State Agriculture and Markets Law and prior to the filing of
any court action.
B.
Any controversy between the parties shall be submitted, in writing,
and filed with the Town Clerk within 30 days of the last date of occurrence
of the particular activity giving rise to the controversy or the date
that the party became aware of the occurrence.
C.
The Town Board shall proceed to form a committee which shall be composed
of three members, one person selected from the County Agricultural
and Farmland Protection Board, one person selected by the Town Board
and one person mutually agreed upon by both parties involved in the
dispute.
D.
The effectiveness of the 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 consult with
agricultural experts such as New York State Agriculture and Markets,
Cornell University, Cornell Cooperative Extension, the Natural Resources
Conservation Service and the Soil and Water Conservation District.
E.
Within 30 days after final formation of the committee, upon written
notice to the parties, the committee shall hold a meeting to consider
the merits of the matter, at which time both parties shall have an
opportunity to present what each considers the pertinent facts for
the committee to consider. Within five days after the conclusion of
the meeting or any adjourned date of said meeting, the minutes of
said meeting and the decision of the committee shall be filed with
the Town Clerk.
F.
The time limits provided in this section for action by the committee
may be extended upon the written stipulation of all parties in the
dispute.
G.
Any reasonable costs associated with the functioning of the committee
process shall be borne by the participants equally. The prevailing
participant shall be entitled to reasonable fees, including attorneys'
fees and other expenses incurred, only if the final determination
is pursuant to an opinion issued by the Commissioner under § 308
of the State Agriculture and Markets Law.
