[HISTORY: Adopted by the Town Board of the
Town of Aurora as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-9-2007 by L.L. No. 3-2007]
A.
The Town of Aurora Town Board finds, declares, and
determines that agriculture is vital to the Town of Aurora, New York,
because it is a livelihood and provides employment for agriservices;
it provides locally produced, fresh commodities; agricultural diversity
promotes economic stability; agriculture maintains open space and
promotes environmental quality; and agricultural land does not increase
the demand for services provided by local governments. In order to
maintain a viable farming economy in the Town of Aurora, farmers must
be afforded protection allowing them the right to farm. When nonagricultural
land uses extend into agricultural areas, agricultural operations
may become the subject of nuisance suits. As a result, agricultural
operations are sometimes forced to cease operations or are discouraged
from making investments in agricultural improvements.
B.
It is the purpose of this article to reduce the loss
to the Town of Aurora 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.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this article, the following terms shall
have the meanings indicated:
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, processing, and marketing
of agricultural products, including but not limited to the collection,
transportation, distribution, storage, and land application of animal
wastes; storage, transportation, and 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 manufacturers' instructions and warnings; storage,
use, and application of animal feed and foodstuffs; and 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 by local and state building codes
and regulations; including the construction and maintenance of fences.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the Agriculture and Markets Law.
The land, buildings, farm residential buildings, and machinery
used in the production, whether for profit or otherwise, of agricultural
products.
Any person, organization, entity, association, partnership,
or corporation engaged in the business of agriculture, 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 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" above.
B.
Unless specifically defined above, words or phrases
used in this article shall be interpreted so as to give them the meanings
they have in common usage and to give this article its most reasonable
application.
A.
Farmers, as well as those employed, retained, or otherwise
authorized to act on behalf of farmers, may lawfully engage in agricultural
practices within the Town of Aurora at all such times and in 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 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
of 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.
In order to promote harmony between farmers
and their new neighbors, the Town of Aurora requires landholders and/or
their agents and assigns to provide notice to prospective purchasers
and occupants as follows: "This property is within the Town of Aurora.
It is the policy of the Town to conserve, protect, and encourage the
development of farm operations within our borders for the production
of food and other products, and one should be aware of the inherent
potential conditions associated with such purchases or residence.
Such conditions may include but are not limited to noise, odors, fumes,
dust, smoke, insects, operation of machinery during any hour, day
or night, storage and disposal of plant and animal waste products,
and the application of chemical fertilizers, soil amendments, herbicides,
and pesticides by ground or aerial spraying or other methods. Occupying
land within the Town of Aurora means that one should expect and accept
such conditions as a normal and necessary aspect of living in such
an area."
Any issue of controversy that arises which cannot
be resolved directly between the parties involved and is not addressed
by other laws or regulations may be promptly and inexpensively resolved
by referral to the Aurora Conservation Advisory Council/Board for
open hearing and recommendations. The Aurora Conservation Advisory
Council/Board will act as a grievance committee as a whole. Any controversy
between the parties shall be submitted to the Aurora Conservation
Advisory Council/Board within 30 days of the occurrence and shall
be placed on the agenda of the next nearest Aurora Conservation Advisory
Council/Board meeting date.
