[HISTORY: Adopted by the Town Board of the
Town of Sand Lake 11-9-2005 by L.L. No. 2-2005. Amendments noted where
applicable.]
This chapter shall be known as the "Right to
Farm Law of Sand Lake."
A.
It is hereby found and declared by the Town Board
of the Town of Sand Lake that agricultural lands are irreplaceable
assets and that farming is an essential activity.
B.
"Farming," as defined in this Right to Farm Chapter
and by the New York State Department of Agriculture and Markets, reinforces
the special quality of life enjoyed by citizens, provides visual benefits
of open space and generates economic benefits and social well-being
within the community. Therefore, the Town of Sand Lake encourages
sound agricultural practices and adopts this chapter with the goal
of promoting understanding and acceptance of the necessary day-to-day
activities connected with agriculture.
C.
It is the general purpose and intent of this chapter
to maintain and preserve the rural tradition and character of Sand
Lake, to permit the continuation of agricultural practices and the
business of farming and 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 chapter
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.
D.
The Town Board, in an effort to promote and foster
a harmonious relationship among the residents of Sand Lake and to
conserve, protect and encourage the development and improvement of
agricultural land for the production of food and other products, hereby
also declares that it shall be the policy of the Town 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 chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
and effective application.
B.
AGRICULTURAL PRACTICES
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(e)
FARMER
FARMING
As used in this chapter, the following terms shall
have the meanings indicated:
Any activity directly connected with the raising
of crops, livestock or livestock products on a farm as defined in
§ 250-6, including but not limited to the following:
Field crops, including corn, wheat, oats, 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, llamas, alpacas, horses, poultry, ratites,
such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo,
milk, eggs.
Maple sap.
Christmas trees derived from a managed Christmas
tree operation.
Aquaculture products, including fish, fish products,
water plants and shellfish.
Wood biomass, which means short rotation woody
crops raised for bio-energy.
Should there be a conflict between the definitions
employed by New York State and those contained herein, such conflict
shall be resolved in favor of the agricultural producer so as to include
the enterprise as an agricultural practice.
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 direct furtherance of the business
of agriculture or farming and shall include, without limitation, the
collection, transportation, distribution, composting 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, and 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, including
farm wineries and other on-farm food processing, as permitted by local
and state building codes; 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 agricultural
practices.
The following examples are intended to be illustrative
of common agricultural practices covered within this definition, but
are not inclusive:
Providing for the processing, wholesale and
retail marketing, including 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 farmstand/market of agricultural
products so long as at least 50% of the annual gross sales of the
farmstand or market have been grown on said farm.
Replenishing soil nutrients, including but not
limited to the spreading of manure, compost, 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, the United States Department of Agriculture and
New York Department of Environmental Conservation for the control
of pests, predators, varmints, diseases affecting plants and livestock,
and for the control of weed infestation.
Transporting large. slow-moving equipment over
roads within the Town, in accordance with local, state and federal
law and regulations.
Clearing of farmland using accepted techniques,
installing and maintaining vegetative and terrain alterations, and
other physical facilities for water and soil conservation and surface
water control.
Any person, organization, entity, association, partnership,
limited liability company or corporation engaged in the agricultural
practices as defined herein.
The act of engaging in agricultural practices as defined
herein.
[Amended 5-10-2017 by L.L. No. 4-2017]
Farmers, as well as those employed or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices on any farm within any AR or RR Zone as designated in § 250-10 of the Sand Lake Code at any and all such times as are reasonably necessary to carry on an agricultural practice. In determining the reasonableness of the time, place, and methodology of such operation, due weight and consideration shall be given to traditional customs and procedures in the agricultural industry, advances resulting from increased knowledge or improved technologies, and whether or not the practice is legal and not causing off-site property damage or bodily harm.
No agricultural practice conducted or maintained
on a sound basis, in a manner consistent with management practices,
such as those recommended by state and federal agencies in conjunction
with educational programs for farmers or those regarded as accepted
custom and standard in the agricultural industry, shall be considered
a public or private nuisance.
A.
Agricultural disclosure for
new residential development. For the purpose of giving due notice
of nearby farming uses to proposed new residential areas adjacent
to or within 500 feet of unimproved land in the AR or RR Zone being
farmed or suitable therefor, the Sand Lake Planning Board shall require
that any applicant for an adjacent major or minor subdivision, as
a condition of approval of such application, include the following
notation on the filed final subdivision maps:
[Amended 5-10-2017 by L.L. No. 4-2017]
|
"Agricultural operations exist in designated agricultural zones
within the Town, and there are presently or may in the future be farm
uses adjacent or in close proximity to the within described premises.
It is acknowledged that farmers may undertake agricultural practices
which generate dust, odor, fumes, noise and vibrations and that reasonably
necessary agricultural practices are permitted under the Town Right
to Farm Law."
|
B.
Disclosure notice.
(1)
When any purchase and sales contract is presented
for the sale, purchase, or exchange of real property located partially
or wholly within an agricultural district established pursuant to
the provisions of Article 25-AA of the Agriculture and Markets Law,
the prospective grantor shall present to the prospective grantee a
disclosure notice which states the following:
|
"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 disclosure 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. Prospective residents are also informed that
the location of property within an agricultural district may impact
the ability to access water and/or sewer services for such property
under certain circumstances."
|
(2)
Such disclosure notice shall be signed by the prospective
grantor and grantee prior to the sale, purchase or exchange of such
real property.
(3)
Failure of the seller to provide such information
to the buyer shall not prevent the recording officer from filing such
deed.
(4)
In addition, the title companies and real estate brokers
are encouraged prior to sale to voluntarily disclose to purchasers
of real property in the Town the location of existing farms, agricultural
zones and agricultural districts within 500 feet.
Insofar as the provisions of this chapter are
inconsistent with the provisions of any other local law, rule or ordinance,
the provisions of this chapter shall supersede those found inconsistent
and prevail.
