[HISTORY: Adopted by the Town Board of the Town of Schodack 7-25-2005
by L.L. No. 6-2005. Amendments noted where applicable.]
A.
It is hereby found and declared that many of the agricultural
lands in Schodack are in jeopardy of being lost for any agricultural purposes.
When nonagricultural development extends into farm areas, competition for
limited land resources results. Ordinances inhibiting farming tend to follow,
farm taxes rise, and hopes for speculative gains discourage investments in
farm improvements, often leading to the idling or conversion of potentially
productive agricultural land.
B.
The Town Board of Schodack declares its intent to permit
the continuation of the business of farming as it is now carried out throughout
the Town of Schodack, including, without limitation, the various agricultural
districts with the Town, and to retain the existence of farms within the Town
in view of the substantial contribution now provided by said farms and farm
properties. The Town Board of Schodack further recognizes that there exist
certain farming operations which must be permitted to be carried on in the
furtherance of the business of farming and which can be carried on within
the Town of Schodack without interfering with the use and enjoyment of land
not now devoted to the business of farming.
C.
The socioeconomic vitality of agriculture in the Town
is essential to the economic stability and growth of many local communities
and the state as a whole. It is, therefore, the declared policy of the Town
to conserve, protect and encourage the development and improvement of its
agricultural land for production of food and other agricultural products.
It is also the declared policy of the Town to conserve and protect agricultural
lands as valued natural and ecological resources which provide needed open
spaces for clean air sheds, as well as for aesthetic purposes.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall mean, but not be limited to, any person, organization, entity,
association, partnership or corporation engaged in the business of agriculture
as defined in Agriculture and Markets Law (AML) § 301, Subdivisions
2 and 11, whether for profit or otherwise, including the cultivation of land,
the raising of crops, the raising of livestock and commercial horse boarding
operations.
Any activity, now permitted by law, engaged in by a farmer as defined
herein, in connection with and in furtherance of the business of farming and
shall include, but not be limited to, the collection, transportation, distribution,
and storage of livestock wastes; practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products as a
commercial enterprise, including a commercial horse boarding operation as
defined in AML § 301, Subdivision 13; storage, transportation, and
use of equipment for tillage, planting and harvesting; transportation, storage
and use of legally permitted fertilizers and lime, insecticides, herbicides,
and pesticides, all in accordance with local, state, and federal law and regulation
and in accordance with the manufacturer's instructions and warnings;
construction of farm structures and facilities as permitted by local and state
building codes and regulations; construction and maintenance of fences.
The Town Board of the Town of Schodack hereby mandates that farmers,
as defined herein, may lawfully engage in farming operations as defined herein
and in Agriculture and Markets Law (AML) § 301, Subdivision 11,
within the Town of Schodack at such times, including nighttime hours, and
at such locations, as are necessary to conduct the business of farming, and
that no person, entity, association, partnership or corporation shall engage
in any act to prevent or deter such conduct as is approved herein.
