[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 8-9-1999
by L.L. No. 3-1999. Amendments noted where applicable.]
A.
It is hereby found and declared by the Town Board of
the Town of East Bloomfield that agricultural lands are irreplaceable assets.
To that end, the Town Board finds farming to be an essential activity within
the town which greatly contributes to the economic viability of the town.
Farming also reinforces the special quality of life enjoyed by the town's
residents, provides the visual benefit of open space and generates economic
benefits and social well-being within the community. Therefore, the Town Board
emphasizes to both the town's current residents and prospective newcomers
to the town that it is the policy of this town 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.
B.
Furthermore, the Town Board hereby supports those farmers,
as well as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage in
the time-honored profession of farming. The Town Board hereby expresses its
support of the enactment by the State Legislature of Chapter 797 of the Laws
of 1992 of the State of New York which, among other things, added a new section
to the Agriculture and Markets Law of the State of New York by establishing
for the first time a statutory right to farm by prohibiting the commencement
of private nuisance suits against farmers who engage in sound agricultural
practices.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the town and those who contemplate
purchasing land within the Town of East Bloomfield, and to conserve, protect
and encourage the development and improvement of agricultural land for the
production of food and other products, hereby declares that it shall be the
policy of this town to provide the following notice to prospective landowners
that farming activities may occur on neighboring lands.
A.
Subdivision plat; multifamily residence.
(1)
Upon the submission of a preliminary subdivision plat
to the Planning Board of the Town of East Bloomfield, pursuant to Article
16 of the Town Law of the State of New York and the applicable subdivision
regulations of the town, the applicant, in addition to any other requirements,
shall submit a separate statement to the Planning Board stating whether the
boundaries of the proposed subdivision are to be located partially, wholly
or within 500 feet of either an agricultural district or land for which an
individual commitment has been received pursuant to § 305 or 306
of the Agriculture and Markets Law of the State of New York.
(2)
Upon the submission of any application for a building
permit for a multifamily residence, the applicant, in addition to any other
requirements, shall submit a statement to the Building Inspector stating whether
any portion of the proposed multifamily residential dwelling premises is to
be located partially, wholly or within 500 feet of either an agricultural
district or land for which an individual commitment has been received pursuant
to § 305 or 306 of the Agriculture and Markets Law of the State
of New York.
B.
Should any proposed subdivision or multifamily residence
be located partially, wholly or within 500 feet of either an agricultural
district or land for which an individual commitment has been received pursuant
to § 305 or 306 of the Agriculture and Markets Law of the State
of New York, then the following notice shall appear on the final subdivision
plat or, in the case of a multifamily residential dwelling, on the building
permit:
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"It is the policy of this state and the Town of East Bloomfield 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 ecological
value. This notice is to inform prospective residents that the property they
are about to acquire lies partially or wholly in, or within 500 feet of, either
an agricultural district or land for which an individual commitment has been
received pursuant to § 305 or 306 of the Agriculture and Markets
Law of the State of New York, and that farming activities occur in such district
or land. Such farming activities may include, but not be limited to, activities
that cause noise, dust and odors."
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C.
In addition to the requirements of Subsection B of this section, it shall be required as a condition of final subdivision approval, or, in the case of a building permit for a multifamily residence, as a condition of such issuance, that prior to the initial sale, purchase or exchange of any real property within any such subdivision or multifamily residence premises, the grantor shall also deliver to the prospective grantee a typewritten document containing the notice set forth in Subsection B. Further, the grantor shall incorporate said notice in any deeds wherein title to any such property is to be initially conveyed to a grantee.
