[HISTORY: Adopted by the Town Board of the Town of Livonia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-2014 by L.L. No. 2-2014]
A.
The Town Board of the Town of Livonia finds, declares and determines
that agriculture is essential to the Town of Livonia, New York, for
a variety of reasons, including but not limited to:
(1)
Agriculture is a livelihood and provides employment opportunities
both on local farms and in businesses that support agriculture in
the Town of Livonia;
(2)
Agriculture provides locally produced, fresh commodities for both
local consumption and for export;
(3)
Agriculture diversity promotes economic stability;
(4)
Agricultural or farming operations in the Town of Livonia maintain
valued open space and promotes environmental quality; and
(5)
Agricultural land does not increase the demand for services provided
by local governments.
B.
The Town Board further finds that in order to maintain a viable farming
economy in the Town of Livonia, farmers must be afforded protection
allowing them the right to farm. Nonagricultural land uses, when they
are extended into agricultural areas, may be adversely impacted by
widely accepted agricultural practices, and agricultural operations
may become the subject of nuisance suits. As a result, farm operators
may be discouraged from making the investments in equipment and capital
improvements necessary to maintain their competitiveness in the market
or may be forced to cease operation altogether.
C.
It is the purpose of this article to reduce the loss to the Town
of Livonia of its agricultural resources by limiting 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 be undertaken free of unreasonable and unwarranted interference
or restriction.
A.
Unless specifically defined, words or phrases used in this article
shall be interpreted so as to give them meanings they have in common
usage, and to give this article its most reasonable application.
B.
AGRICULTURAL DISPUTE RESOLUTION COMMITTEE
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARM OPERATION
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this article, the following terms shall have the meanings
indicated:
A committee of the Town of Livonia authorized under this
article to provide a venue for resolving any issue or controversy
that may arise regarding any inconveniences or discomforts occasioned
by an agricultural operation, including, but not limited to, noise,
odors, fumes, dust, the operation of machinery, the storage and disposal
of manure, and the application by spraying or otherwise of chemical
fertilizers, soil amendments, herbicides and/or pesticides. Said Committee
shall be made up of three members from the Town selected by the Town
Board, as the need arises, one of which shall be the Chairman of the
Planning Board or a designee. At least one member of the Committee
shall be a member of the Town's farm community.
Any activities conducted by a farmer on a farm which contribute
to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, as defined in Article
25AA, § 301 of the New York State Agriculture and Markets
Law, as well as the construction and use of farm structures, fences
and other facilities for the housing and control of animals, storage
of animal wastes, farm equipment, pesticides, fertilizers, agricultural
products, for the sale of agricultural products, and for the use of
farm labor, as permitted by local and state building codes and regulations.
Those products as defined in Article 25-AA, § 301
of the New York State Agriculture and Markets Law.
The use of a parcel of land of five acres or more for gain
in the raising of agricultural products, trees, nursery stock, livestock,
poultry or dairy products. It includes necessary agricultural buildings
or farm buildings and the storage of necessary equipment. It also
includes the use of a parcel of land of less than five acres, except
that on such parcels the raising of fur-bearing animals, livery or
boarding stables, dog kennels and the raising of livestock or poultry
for personal use or for sale and/or slaughter is excluded and therefore
prohibited. No housing of poultry or stabling of livestock or storage
of manure or other odor- or dust-producing material shall be allowed
within 100 feet of any lot line separating the farm from adjacent
residences or other uses.
[Amended 9-21-2023 by L.L. No. 4-2023]
Shall have the meaning as defined in § 301 of the
New York Agriculture and Markets Law (AML).
[Added 9-21-2023 by L.L. No. 4-2023]
A person or persons, organization, entity, association, partnership,
or corporation engaged in the agricultural practices as defined by
this law, for profit or otherwise, including the cultivation of land,
the raising of crops, or the raising of livestock, poultry, fur-bearing
animals, or fish, the harvesting of timber or the practicing of horticulture
or apiculture.
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities, including but not limited
to the operation of farm equipment; proper use of agricultural chemicals
and other crop protection methods; direct sale to consumers of agricultural
commodities or foods containing agricultural commodities produced
on-farm; agricultural tourism; and the production, management and
harvesting of "farm woodland," as defined in Article 25-AA, § 301
of the New York State Agriculture and Markets Law.
A.
Farmers, and those employed, retained, or otherwise authorized to
act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Livonia at all such times and in all such locations
as are reasonably necessary to conduct the business of agriculture.
In determining the reasonableness of the time, place and specific
approach to any specific agricultural 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 in the Town of Livonia shall not
be found to be a nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operations;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with generally accepted 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 which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death.
A.
The 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
1,000 feet of the boundary of an existing farm. Such Town officer
and/or board may, as part of its review of such application, determine
whether appropriate and reasonable conditions which would further
the purposes and intent of this article may be prescribed or required
as part of an approval of the application.
B.
Such appropriate and reasonable conditions may include, but not be
limited to, requiring declarations, deed restrictions and/or covenants
which run with the land which would notify future purchasers and owners
of the subject property that owning and occupying such property might
expose them to certain discomforts or inconveniences resulting from
the conditions associated with agricultural practices and operations
in the Town.
A.
Should any issue or controversy arise regarding any inconveniences
or discomforts, occasioned by agricultural operation, including, but
not limited to, noise, odors, fumes, dust, the operation of machinery,
the storage, management and application of manure, and the application
by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides and/or pesticides, the parties may submit the issue or
controversy to the Agricultural Dispute Resolution 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
Dispute Resolution 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 one or the other of
the involved parties became aware of the occurrence.
C.
The controversy shall be presented to the Agricultural Dispute Resolution
Committee by written request of one of the parties within the time
limits prescribed above. 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
must render a written decision to the parties. At the time of the
meeting, both parties shall have an opportunity to present to the
Committee what each party considers to be the pertinent facts.
D.
The effectiveness of the Agricultural Dispute Resolution Committee
as a forum for resolution of grievances 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.
