Zoning — See Ch. 350.
ARTICLE IRight To Farm (§ 168-1 — § 168-6)
§ 168-2Legislative intent; purpose.
§ 168-4Right to undertake agricultural
§ 168-5Notice to prospective neighbors.
§ 168-6Resolution of disputes.
This article shall be known as the "Right to Farm Law of the Town of Barre, Orleans County, New York."
The purpose of this article is to recognize that farming is an essential activity within the Town of Barre as it reinforces the quality of life enjoyed by its citizens, provides employment for agriservices, provides locally produced fresh commodities, promotes economic stability, maintains open space, promotes environmental quality, and does not increase the demand for services provided by local government.
In order to maintain a viable farming economy in the Town of Barre, farmers must be afforded protections allowing them the right to farm. Therefore, the Town of Barre emphasizes to all citizens and newcomers that this Town encourages its agriculture and requests its citizens and newcomers to be understanding of the necessary day-to-day operation involving agricultural operations.
Further, in order to address the unique circumstances facing agriculture in Orleans County, it is necessary to provide for more comprehensive local right to farm protection as provided in this article. It is the general purpose and intent of this article to maintain and preserve the rural tradition and character of the Town of Barre, to permit the continuation of agricultural practices, to protect the existence and operation of farms and agricultural businesses and to encourage the initiation and expansion of farms and agricultural businesses.
For the purpose of reducing future conflicts between farmers and nonfarmers, it is necessary for notice to be given to its neighbors about the nature of agricultural practices.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL BUSINESS
- Includes, but is not limited to, storage, processing, marketing of agricultural products, as well as businesses that supply fertilizers, equipment, crop protection, feed and agricultural supplies.
- AGRICULTURAL PRACTICES
- Includes all farming activities conducted necessary to the operation of the agricultural entity.
- Includes, but is not limited to, livestock, beef, hogs, dairy, poultry, fur-bearing animals, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses, or other similar operations used primarily for raising of agricultural or horticultural commodities.
On any land which may be lawfully used for agricultural purposes in the Town of Barre, whether or not it is located in an agricultural district, an agricultural practice shall not constitute a public or private nuisance, provided such agricultural practice constitutes a sound agricultural practice.
Farmers, as well as those employed, retained or otherwise authorized to act on behalf of the farmers, may lawfully engage in farming practices within Orleans County at any and all such times and all such locations as are reasonably necessary to conduct the business of farming. For any activity or operation, 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 farming industry as well as to advances resulting from increased knowledge and improvements in technologies.
Nothing in this article shall be construed to prohibit any aggrieved party from recovering damages for bodily injury or wrongful death.
In accordance with the New York State Agriculture and Markets Law § 310, prior to sale, purchase or exchange of real property located partially or wholly in an agricultural district, the prospective grantor shall deliver to the prospective grantee a 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 notice is to inform perspective 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."|
The above notice shall also be included on building permits by the Code Enforcement Officer and transfer of property by the Assessor or County Tax Office.
In the event of disputes that may occur among property owners in the Town of Barre regarding agricultural practices, such disputes shall be referred to the Orleans County Farmland Protection for resolution according to their established procedures.