[HISTORY: Adopted by the Town Board of the Town of Manchester as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1999 by L.L. No. 2-1999
(Ch. 88, Art. I, of the 1989 Code)]
This article shall be known as the "Right to Farm Law of the Town of
Manchester."
A.
It is hereby found and declared by the Town Board of
the Town of Manchester that agriculture lands are irreplaceable assets. To
that end, the Town Board affirms that farming is an essential activity. Farming,
as defined in this article, reinforces the special quality of life enjoyed
by citizens, provides the visual benefit of open space and generates economic
benefits and social well-being within the community. Therefore, it is emphasized
to residents that this municipality encourages its agriculture and requests
its residents to be understanding of the necessary day-to-day operations associated
with agricultural land use.
B.
It is the general purpose and intent of this article
to maintain and preserve the rural tradition and character of the Town of
Manchester, to permit the continuation of agriculture practices and the business
of farming and to encourage the initiation and expansion of farms and agricultural
businesses. In recognition of the fact that there are many practices and activities
which are inherent to and necessary for the business of farming, it is the
specific purpose and intent of this article to attain the aforementioned goals
and objectives by providing that such practices and activities may proceed
and be undertaken free of unreasonable and unwarranted interference or restrictions.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the Town of Manchester, and
to conserve, protect and encourage the development and improvement of agriculture
land for the production of food and other products, hereby declares that it
shall be the policy of the Town of Manchester to provide reasonable notice
to prospective landowners that farming activities may occur on neighboring
lands.
A.
Unless specifically defined below, words or phrases used
in this article shall be interpreted so as to give them the meaning they have
in common usage and to give this article its most reasonable and effective
application.
B.
AGRICULTURAL FARM OPERATIONS
AGRICULTURAL LAND
AGRICULTURAL PRACTICES
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
FARM
FARMER
FARMING
As used in this article, the following terms shall have
the meanings indicated:
Any person, organization, entity, association, partnership or corporation
engaged in the business of agriculture or farming or agriculture practices
whether for profit or otherwise.
Any single or multiple, contiguous or noncontiguous parcel or parcels
that together represent all that real property within the boundaries of the
Town of Manchester currently used for agriculture farm operations or upon
which agriculture practices are being utilized or upon which agriculture farm
operations or agriculture practices may in the future be established or utilized.
Include all activities conducted on a farm necessary to the operation
of a farm and shall mean any activity, including the cultivation of land,
the raising of crops, the raising of livestock, dairy, poultry, stables and
horse-boarding facilities, horticulture, timber and fur-bearing animals; the
production, whether for sale to others or home use or consumption, of plants
and animals, fruit, vegetable and field crops; plantations, orchards, nurseries,
greenhouses or other similar agricultural practices used primarily for the
raising, marketing or sales of on-premises produced agricultural or horticultural
commodities. Further, agricultural practices shall include any activity now
permitted by law, engaged in, by or on behalf of a farmer in connection with
and in furtherance of the business of agriculture or farming and shall include,
without limitation, the collection, transportation, distribution and storage
of animal and poultry waste; storage, transportation and use of equipment
for tillage, planting, harvesting and marketing; transportation, storage and
use of legally permitted fertilizers and limes, insecticides, herbicides and
fungicides, all in accordance with local, state and federal law and in accordance
with the manufacturer's instructions and warnings; construction of farm structures
and facilities as permitted by local and state building code regulation; construction
and maintenance of fences and other enclosures; and the use and/or maintenance
of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm
roads and certain farm buildings and other structures related to the agriculture
practices.
The following examples are intended to be illustrative of common agricultural
practices covered within this definition, but are not inclusive:
Providing for the wholesale and retail marketing, including the "U-pick"
marketing, and sales of the agricultural output of the farm and related products
that contribute to farm income, including the sale at the owner's farm stand
of agricultural products, so long as at least 75% of the annual gross sales
of the farm stand have been grown on said farm.
Replenishing soil nutrients, including, but not limited to, the spreading
of manure and applying approved chemical and organic fertilizers.
Using federally approved products, in accordance with label instructions,
as recommended by the New York Agricultural Experiment Station and the United
States and New York Environmental Protection Agencies for the control of pests,
predators, varmints, disease affecting plants and livestock and for the control
of weed infestation.
Transporting large, slow-moving equipment over roads within the Town
of Manchester, in accordance with local, state and federal law and regulation.
Clearing of woods using accepted techniques, installing and maintaining
vegetative and terrain alterations and other physical facilities for water
and soil conservation and surface water control.
The foregoing uses, activities and rights when reasonable and necessary
for agricultural or horticultural production or when conducted in accordance
with generally accepted agricultural practices, may occur on holidays, Sundays
and weekends, day or night.
Includes livestock, dairy, poultry, fur-bearing animal, agricultural,
fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses
or other similar operations used primarily for the raising of agricultural
or horticultural commodities.
Any person, organization, entity, association, partnership or corporation
engaged in the agricultural farm operation or agricultural practices as defined
herein.
The act of engaging in an agricultural farm operation and/or agricultural
practices as defined herein.
Farmers, as well as those employed or otherwise authorized to act on
behalf of farmers, may lawfully engage in agricultural practices or an agricultural
farm operation within the Town of Manchester at any and all such times and
at all such locations as are reasonably necessary to carry on an agricultural
farm operation or agricultural practice. In determining the reasonableness
of the time, place and methodology of such operation, due weight and consideration
shall be given to both traditional customs and procedures in the agricultural
industry as well as to advances resulting from increased knowledge or improved
technologies.
No agricultural practice or appurtenances thereto, conducted or maintained
in a manner consistent with management practices such as those recommended
by state and federal agencies within the educational aspects of farmers and
agricultural practices, herein and hereafter referred to as "accepted customs
and standards," shall be or become either a public or private nuisance.
No person, group, entity, association, partnership or corporation shall
engage in any conduct or act in any manner so as to unreasonably, intentionally,
knowingly and/or deliberately interfere with, prevent, or in any way deter
the practice of farming within the Town of Manchester.
A.
Noncompliance with any provision of this article shall
not affect title to real property nor prevent the recording of any document.
Violation of any provision of this article may constitute an offense punishable
by law with a fine of not less than $25, nor more than $150 for each day's
violation or continuation of the violation.
B.
In addition, an action to restrain or enjoin any violation
of this article may be brought in a Court of competent jurisdiction by an
aggrieved entity and/or the Town of Manchester.
Should any controversy arise regarding any inconveniences or discomfort
occasioned by any agricultural operations or agricultural practices, as defined
in the above section entitled "Definitions" of this article, the parties will
submit the controversy to the Town of Manchester Agricultural Advisory Committee[1] as set forth below in an attempt to resolve the matter prior to
the filing of any court action.
A.
Any controversy between the parties may be submitted
to the Agricultural Advisory Committee, whose decision shall be advisory only,
within 20 days of the date of that occurrence of the particular activity giving
rise to the controversy or of the date a party became aware of the occurrence.
B.
The effectiveness of the Agricultural Advisory 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.
C.
The controversy shall be presented to the Agricultural
Advisory Committee by written consent of one of the parties within the time
specified herein. Thereafter, the Committee may investigate the facts of the
controversy but must, within 30 days, hold a public meeting to consider the
merits of the matter and, within 20 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.
D.
The decision of the Agricultural Advisory Committee shall
not be binding. If one of the parties is not satisfied with the Committee's
decision, upon agreement of both parties, the matter may be submitted to the
Town Board according to the procedures set forth as follows:
(1)
The controversy between the parties shall be submitted
to the Town Board upon written agreement of both parties.
(2)
The Town Board shall review the controversy with a report
from the proceedings of the Agricultural Advisory Committee. Within 20 days
of the written request, the Town Board shall render a written decision to
the parties.
A.
Agriculture data statement. The Town of Manchester will
encourage and support the requirement for agriculture data statements as prescribed
in New York State Agriculture and Markets Law Article 25-AA, § 305-a.
B.
Agricultural disclosure for new residential development.
(1)
For the purpose of giving due notice of nearby farming
uses to proposed new residential areas adjacent to the 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:
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"The grantee hereby acknowledges notice that agricultural operations
exist throughout the Town of Manchester and that there are presently or may
in the future be farm uses adjacent or in close proximity to
the described premises. The grantee acknowledges that farmers have the right
to undertake farm practices which may generate dust, odor, fumes, noise and
vibrations associated with agricultural practices, and that these practices
are permitted under the Town of Manchester Right to Farm Law, and by acceptance
of this conveyance, the grantee does hereby waive objection to such activities."
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(2)
The following notice shall be included in certificates
of occupancy and on plats of subdivisions submitted for approval pursuant
to Town Law § 276:
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"This property may border a farm, as defined in Local Law 2-1999. Residents
should be aware that farmers have the right to undertake farm practices which
may generate dust, odor, smoke, noise and vibration."
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(3)
The risk of any impact of these agricultural uses on
the purchase of property is specifically to be borne by the purchaser of that
property.
C.
Agricultural disclosure at time of property transfer.
The Town of Manchester encourages the County of Ontario to foster and support
the agriculture disclosure requirement as prescribed in New York State Agriculture
and Markets Law Article 25-AA, § 310.
