[HISTORY: Adopted by the Town Board of the Town of Somerset 4-12-2005 by L.L. No.
2-2005. Amendments noted where applicable.]
A.
The Somerset Town Board finds, declares and determines that agriculture
is vital to the Town of Somerset, New York, because it is a livelihood
and provides employment for agriservice and 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 Somerset, 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 operation 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 Somerset 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
RESOLUTION COMMITTEE
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; construction and
use of farm and facilities for the storage of animal wastes, farm
equipment, pesticides, fertilizer, agricultural products, and livestock,
for the sale of agricultural products, and for the use of housing
for 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(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, hydroponics, 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."
A standing committee as appointed by the Town Board made
up of a minimum of three Town of Somerset residents, one from the
farming community, one from the nonfarming community outside the residential
district who does not engage in farming, and one resident that lives
in the Residential District not engaged in farming.
B.
Unless specifically defined, the 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.
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 Somerset 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 the 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.
A.
The legislative 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.
B.
Such Town officer and/or board shall, as part of its review of such
application, determine whether appropriate and reasonable conditions
may be prescribed or required, such as deed restriction or notices
which would further the purposes and intent of this article as part
of an approval of the application.
For the purpose of giving due notice of nearby farming uses
to proposed new residential areas adjacent to unimproved land then
being farmed or suitable therefor, the Planning Board shall require
any applicant for an adjacent major or minor subdivision, as a condition
of approval of such application, to include a provision in each and
every deed conveying all or any portion of the lands thereby subdivided,
as well as on filed final subdivision maps, the following record notice
to and waiver by grantees of such present or future proximate farming
uses, which provision shall be made to run with the land:
"The grantee hereby acknowledges notice that agricultural operations
exist throughout the Town of Somerset and that there are presently
or may in the future be farm uses adjacent or in close proximity to
the within described premises. The grantee acknowledges that farmers
have the right to undertake farm practices which may generate dust,
odor, fumes, noise, and vibration associated with agricultural practices,
and that these practices are permitted under the Town of Somerset
Right to Farm Law."
A.
Should any 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
and disposal of manure, and the application by spraying or otherwise
of chemical fertilizers, soil amendments, herbicides and/or pesticides,
the parties may submit the controversy to the 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 Resolution
Committee in writing, 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 a party became aware of the
occurrence.
C.
The effectiveness of the 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.
D.
The controversy shall be presented to the 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 shall,
within 30 days, hold a meeting to consider the merits of the matter
and within 20 days of the meeting shall render a written decision
to the parties. At the time of the meeting, both parties shall have
an opportunity to present what each party considers to be the pertinent
facts.
This article and the proscriptions and penalties set forth herein
are in addition to, and not in lieu of, all other applicable laws,
rules and regulations which are therefore continued in full force
and effect and unaffected by this article. Conversely, this article
is not intended to contradict or contravene any law, rule, regulation,
restriction or proscription of the United States, State of New York,
County of Niagara or Town of Somerset which may now or hereafter pertain.
Accordingly, to the extent this article may be contrary to or inconsistent
with such other legislation or regulations, such legislation and regulations
shall be deemed continued in full force and effect and unaffected
by this article.
If any part of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
All local laws or parts of local laws inconsistent with this
article are hereby repealed, except that such repeal shall not affect
the validity of any criminal prosecution or civil action commenced
or pending.
