[HISTORY: Adopted by the Town Board of the Town of Sweden as indicated
in article histories. Amendments noted where applicable.]
[Adopted 6-22-1993 by L.L. No. 2-1993]
A.
It is hereby found and declared by the Town Board of
the Town of Sweden that agricultural lands are irreplaceable assets. To that
end, the Town Board finds farming to be an essential activity within the Town
which greatly contributes to the economic viability of the Town. Farming also
reinforces the special quality of life enjoyed by the Town's residents, provides
the visual benefit of open space and generates economic benefits and social
well-being within the community. Therefore, the Town Board emphasizes to both
the Town's current residents and prospective newcomers to the Town that it
is the policy of this Town to conserve, protect and encourage the development
and improvements of agricultural land for the production of food, and other
products, and also for its natural and ecological value.
B.
Furthermore, the Town Board hereby supports those farmers,
as well as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage in
the time-honored profession of farming. The Town Board hereby expresses its
support of the enactment by the State Legislature of Chapter 797 of the Laws
of 1992 of the State of New York[1] which, among other things, added a new section to the Agriculture
and Markets Law of the State of New York by establishing for the first time
a statutory right to farm[2] by prohibiting the commencement of private nuisance suits against
farmers who engage in sound agricultural practices.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the Town and those who contemplate
purchasing land within the Town of Sweden and to conserve, protect and encourage
the development and improvement of agricultural land for the production of
food and other products, hereby declares that it shall be the policy of this
Town to provide reasonable notice to prospective landowners that farming activities
may occur on neighboring lands.
A.
Upon the submission of a preliminary subdivision plat
or a multifamily residential site plan to the Planning Board of the Town of
Sweden, pursuant to Article 16 of the Town Law of the State of New York, the
applicant, in addition to any other requirement, shall submit a separate statement
to the Planning Board stating whether the boundaries of the proposed subdivision
or multifamily residential dwelling are to be located partially, wholly or
within or are within 500 feet of either an agricultural district or land for
which an individual commitment has been received pursuant to § 305
or 306 of the Agriculture and Markets Law of the State of New York, and then
the following notice shall appear on either the final subdivision plat or
final site plan:
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"It is the policy of the Town of Sweden 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 ecological value. This
notice is to inform prospective grantees that the property they are about
to acquire lies partially, wholly or within 500 feet of either an agricultural
district or land for which an individual commitment has been received pursuant
to § 305 or 306 of the Agriculture and Markets Law of the State
of New York, and that farming activities may occur on such property. Such
farming activities may include, but not be limited to, activities that cause
noise, dust and odors."
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B.
In addition to the requirements of the notice in Subsection A, the Planning Board shall also require as a condition of final subdivision or site plan approval that, prior to the initial sale, purchase or exchange of any real property within such subdivision or multifamily residence, the grantor shall also deliver to the prospective grantee a typewritten document containing the notice set forth in Subsection A. Further, the grantor shall incorporate said notice in any deeds wherein title to any such property is to be initially conveyed to a grantee.
