[HISTORY: Adopted by the Town Board of the Town of Mamakating 7-11-2000
by L.L. No. 2-2000. Amendments noted where applicable.]
The title of this chapter is the "Town of Mamakating Right to Farm Law."
A.
The Town Board recognizes that farming is an essential
enterprise and an important industry which enhances the economic base, natural
environment and quality of life in the Town of Mamakating. The Town Board
further declares that it shall be the policy of this town to encourage agriculture
and foster understanding by all residents of the necessary day-to-day operations
involved in farming so as to encourage cooperation with those practices.
B.
It is the general purpose and intent of this chapter
to maintain and preserve the rural traditions and character of the town, to
permit the continuation of agricultural practices, to protect the existence
and operation of farms, to encourage the initiation and expansion of farms
and agribusiness and to promote new ways to resolve disputes concerning agricultural
practices and farm operations. In order to maintain a viable farming economy
in the Town of Mamakating, it is necessary to limit 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.
As used in this chapter, the following terms shall have the meanings
indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices include,
but are not limited to, operation of farm equipment, proper use of agricultural
chemicals and other crop production methods and construction and use of farm
structures.
Those products as defined in § 301, Subdivision 2 of Article
25AA of the State Agriculture and Markets Law, including but not limited to:
Field crops, including corn, wheat, rye, barley, hay, potatoes and dry
beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets
and onions.
Horticultural specialties, including nursery stock, ornamental shrubs,
ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs, goats,
horses, poultry, llamas, ratites, such as ostriches, emus, rheas and kiwis,
farmed deer, farmed buffalo, fur-bearing animals, milk and milk products,
eggs, furs and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation, whether
dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants and
shellfish.
Short rotation woody crops raised for bioenergy.
Production and sale of woodland products, including but not limited
to logs, lumber, posts and firewood.
Any person, organization, entity, association, partnership, limited
liability company or corporation engaged in the business of agriculture, whether
for profit or otherwise, including the cultivation of land, the raising of
crops or the raising of livestock.
Land used in agricultural production, as defined in Subdivision 4
of § 301 of Article 25AA of the State Agriculture and Markets Law.
Shall be defined in § 301, Subdivision 11 in the State
Agriculture and Markets Law.
A.
Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of farmers, may lawfully engage in agricultural
practices within this town at all times and 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, research 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 or cause injury to health or safety of any person;
and
(6)
Conducted in a manner which does not reasonably obstruct
the free passage or use of navigable waters or public roadways.
C.
Nothing in this chapter shall be construed to prohibit
an aggrieved party from recovering from damages for bodily injury or wrongful
death due to a failure to follow sound agricultural practice, as outlined
in this section.
A.
In order to promote harmony between farmers and their
neighbors, the town requires landholders and/or their agents and assigns to
comply with § 310 of Article 25AA of the State Agriculture and Markets
Law and provide notice to prospective purchasers and occupants as follows:
"It is the policy of this state and this community 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 and ecological value.
This notice is to inform prospective residents that the property they are
about to acquire lies partially or wholly within an agricultural district
and that farming activities occur within the district. Such farming activities
may include, but not be limited to, activities that cause noise, dust and
odors." This notice shall be provided to prospective purchase of property
within an agricultural district or on property with boundaries within 500
feet of a farm operation located in an agricultural district.
B.
A copy of this notice shall be included by the seller
or seller's agent as an addendum to the purchase and sale contract at
the time an offer to purchase is made.
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 Commission of Agriculture and
Markets about whether the practice in question is sound pursuant to § 308
of Article 25AA 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 from
the town selected by the Town Board, as the need arises, including one representative
from the farm community, one person from town government 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.
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 at a mutually agreed place and time 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.
F.
Any reasonable costs associated with the function of
the committee process shall be borne by the participants.
If any part of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this chapter.
The town hereby declares that it would have passed this chapter and each section
and subsection thereof irrespective of the fact that any one or more of these
sections, subsections, sentences, clauses or phrases may be declared unconstitutional
or invalid.
This chapter and its provisions are in addition to all other applicable
laws, rules and regulations.
This chapter shall be effective immediately upon filing with the New
York Secretary of State.
