[Adopted 6-19-2013 by L.L. No. 2-2013]
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL CORPORATION
Any 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.
AGRICULTURAL PARCEL
Those parcels that the Town Assessor has identified with
a property class code in the 100's or 241. Such farm operation
may consist of one or more parcels of owned or rented land; such parcels
may be contiguous or noncontiguous to each other.
AGRICULTURAL PRACTICES
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, preparation, and marketing
of agricultural products, application of animal wastes; storage, transportation,
and proper and legal use of equipment for tillage, planting, harvesting,
irrigation, fertilization and pesticide application; storage and use
of legally permitted fertilizers, limes, and pesticides all in accordance
with local, state and federal law and regulations and in accordance
with manufacturer's instructions and warnings; storage, use and
application of animal feed and foodstuffs, construction and use of
farm structures and facilities for the storage of animal wastes, farm
equipment, pesticides, fertilizers, agricultural products and livestock,
for the sale of agricultural products, and for the use of farm labor,
as permitted.
AGRICULTURAL PRODUCTS
Those products as defined in § 301(2) of Article
25-AA of the State Agriculture and Markets Law, including but not
limited to:
A.
Field crops, including corn, wheat, rye, barley, hay, potatoes,
beans, and hops.
B.
Fruits, including apples, peaches, grapes, cherries and berries.
C.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
D.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
E.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals, such as alpacas and llamas, milk, eggs and furs.
G.
Christmas trees derived from a managed Christmas tree operation
whether dug for transplanting or cut from the stump.
H.
Aquaculture products, including fish, fish products, water plants
and shellfish.
I.
Woody biomass, which means short rotation woody crops raised
for bioenergy and shall not include farm woodland.
J.
Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs and queens. For the purposes of this Subsection
J, "nucs" shall mean small honey bee colonies created from larger colonies, including the nuc box, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony.
FARM
The land, buildings, farm residential buildings, and machinery
used in the production of agricultural products.
FARMER
Any person engaged in the business of agriculture whether
for profit or not.
FARMLAND
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe, and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of agricultural practices and do not harm human health.
The legislative intent and purposes of this article shall be taken into consideration by each Town officer and/or board in processing any application requesting rezoning, site plan approval and/or special use permit approval when the property which is the subject of such application is located within 500 feet of an existing farm. Such Town officer and/or board shall give to the parties to the application the same notice as is set forth in §
82-7 of this article and obtain a written acknowledgement of receipt for it.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with § 310 of Article 25-AA of the State Agriculture
and Markets Law and 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 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." This notice shall be provided to prospective purchasers
of property within an agricultural district or on property with boundaries
within 500 feet of a farm operation located in an agricultural district.
A copy of this notice shall be included by the seller or seller's
agent as an addendum to the purchase and sale contract at the time
an offer to purchase is made.