Town of Galway, NY Chapter 44 Farming

[HISTORY: Adopted by the Town Board of the Town of Galway as indicated in article histories. Amendments noted where applicable.]

Article I Right to Farm

[Adopted 5-13-1997 by L.L. No. 1-1997]

§ 44-1 Legislative intent and purpose.

A. The Town Board of the Town of Galway finds that farming is an essential activity within the Town of Galway.

B. Farming, as defined herein, 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, the Town of Galway emphasizes to newcomers that this town encourages its agriculture and requests newcomers to be understanding of the necessary day-to-day operations.

C. It is the general purpose and intent of this article to maintain and preserve the rural tradition and character of the Town of Galway, to permit the continuation of agricultural practices, to protect the existence and operation of farms, 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 future neighbors about the nature of agricultural practices.

§ 44-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

AGRICULTURAL PRACTICES

Includes all activities conducted on a farm necessary to the operation of a farm.

FARM

Includes livestock, dairy, poultry, fur-bearing animals, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses, woodland products or other similar operations used primarily for the raising of agricultural or horticultural commodities.

§ 44-3 Right to undertake agriculture practices.

A. Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Galway 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 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 which 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.

(6) Conducted in a manner which does not unreasonably obstruct the free passage or use of navigable waters or public roadways.

§ 44-4 Notice to prospective neighbors.

The following notice shall be included in building permits and on plats of subdivisions submitted for approval pursuant to Town Law § 276: "This property may border a farm, as defined in Town Law No. 1 of 1997. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibration."

§ 44-5 Resolution of disputes.

A. Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation between the parties involved, either party may submit the controversy to a dispute resolution committee as set forth below in an attempt to resolve the matter prior to the filing of any court action and 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.

B. Any controversy between the parties shall be submitted to the committee within 30 days of the last date of occurrence of the particular activity giving rise to the controversy or the date the party became aware of the occurrence.

C. The committee shall be composed of three members including one representative from the County Agricultural and Farmland Protection Board, one person selected by the Galway 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 cooperate in the exchange of pertinent information concerning the controversy. The parties are also encouraged to consult with agricultural experts such as New York State Agriculture and Markets, Cornell University, Cornell Cooperative Extension, Natural Resources Conservation Service and Soil and Water Conservation District.

E. The controversy shall be presented to the committee by written request of one of the parties within the time limits specified. Thereafter, the committee may investigate the facts of the controversy but must, within 25 days, hold a meeting to consider the merits of the matter and within five 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. No party bringing a complaint to the committee for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the committee may be extended upon the written stipulation of all parties in the dispute.