GENERAL REFERENCES
Subdivision Regulations — See Appendix A.
Zoning — See Appendix B.
[Ord. of 7-28-2008]
Agriculture is a significant part of the Town of New Milford's
heritage and a vital part of the Town's future. It is therefore
the declared policy of the Town of New Milford and legislative determination
of the New Milford Town Council to conserve and protect agricultural
land and to encourage agricultural operations and the sale of local
farm products within the Town. It is the purpose and intent of this
ordinance to promote and advance the Town's policy and reduce
the loss of local agricultural resources by limiting circumstances
under which any such operation may be considered a nuisance. It is
hereby further legislatively determined that whatever impact may be
caused to others through normal agricultural practices, such impact
is offset and ameliorated by the benefits of farming to the neighborhood,
community, and society in general. Methods of farming that comport
with generally accepted farming practices are also deemed to comport
with community standards at large. This ordinance is not to be construed
as modifying or abridging state law relative to the abatement of nuisances,
but is to be used in the interpretation and characterization of activities
and in considering and implementing enforcement of the provisions
of the Code of the Town of New Milford and other applicable Town regulations,
consistent with the provisions of Connecticut General Statutes § 19a-341.
Additionally, the terms of this ordinance may be used in determining
whether the methods and practices that may come under review conform
to community standards.
[Ord. of 7-28-2008; Ord. of 5-10-2010]
(a)
No present or future agricultural operations conducted or maintained
in a manner consistent with accepted customs and standards of the
agricultural industry, including, without limitation, those practices
prevailing in Litchfield County, on a recognized farm which is engaged
in the act of farming as defined in this ordinance shall become or
be considered a nuisance solely because such activity resulted or
results in any changed condition of the use of adjacent land. Agricultural
operations may occur on holidays, weekends and weekdays by night or
day, provided such activities do not violate applicable health, safety,
fire, life safety or building codes and regulations shall include,
without limitation:
(1)
The incidental noise from livestock or farm equipment used in normal,
generally acceptable farming practices, including, without limitation,
those practices prevailing in Litchfield County;
(2)
Odors from livestock, manure, fertilizer, composting
activities or feed;
(3)
Dust and fumes associated with normally accepted farming practices,
including, without limitation, those practices prevailing in Litchfield
County;
(4)
The use of agricultural chemicals, pesticides and fertilizers associated
with normally accepted farming practices, including, without limitation,
those practices prevailing in Litchfield County; and
(5)
Irrigation and water management associated with normally accepted
farming practices, including, without limitation, those practices
prevailing in Litchfield County.
(b)
These provisions shall not apply whenever a nuisance results from
the negligent or improper operation of any such agricultural operation.
[Ord. of 7-28-2008; Ord. of 5-10-2010]
Means activities relating to agricultural use including,
but not limited to, the cultivation and tillage of soil, the burning,
processing, or composting of agricultural waste products or other
agricultural burning, processing or composting, provided that such
composting activity shall not be the sole or primary agricultural
operation, protection of crops and livestock from insects, pests,
diseases, birds, predators or other pests damaging or which could
potentially damage crops, the proper and lawful use of agricultural
chemicals, including but not limited to the application of pesticides
and fertilizers, or the raising, production, irrigation, pruning,
harvesting, or processing of an agricultural commodity, including
any type of crop or livestock, and any forestry improvements and timber
harvesting and processing. Such operations also include the operation
and transportation of farm equipment over roads within the Town and
conducting agriculture-related educational and farm-based recreational
activities, including agri-tourism, provided the activities are related
to marketing the agricultural output or services of the farm and local
produce and livestock products and provided same do not conflict with
any provisions of the zoning regulations. For purposes of this ordinance,
such operations do not include the slaughtering of animals not raised
on the premises where they are to be slaughtered.
Means a premises on which farming is conducted, including,
without limitation, farm buildings, and accessory buildings thereto,
nurseries, orchards, ranges, greenhouses, hoop houses and other temporary
structures or other structures used primarily for the raising and,
as incidental and adjunctive to ordinary farming operations, the sale
and/or processing of locally grown or raised agricultural or horticultural
products including, without limitation, composted and composting material,
provided that such composting activity shall not be the sole or primary
agricultural operation. “Locally” for the purposes of
this ordinance, shall mean all Connecticut counties as well as Dutchess
and Putnam Counties in New York.
Means cultivation of soil, dairying, forestry, raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training and management
of livestock; the operation, management, conservation, improvement
or maintenance of a farm and its buildings, tools and equipment. Farming
does not include the processing, storage, display or sale of crops,
harvested products or produce that is not locally grown or raised,
nor does it include the slaughtering of animals not raised on the
premises where they are to be slaughtered.
[Ord. of 7-28-2008]
(a)
The Mayor, with the approval of the Town Council, shall appoint a
panel of five persons to a Farming Practices Panel (Panel) to hear
and mediate disputes that may arise out of farming practices and to
issue advisory opinions concerning questions as to agricultural practices.
Three such members shall serve an initial two-year term followed by
a four-year term. The other two members shall serve four-year terms.
One member of the panel shall be the New Milford Zoning Enforcement
Officer, one member shall be the Director of Health for the Town of
New Milford, and one member shall be a member of the Farmland Preservation
Committee. The remaining two members shall be electors of the Town
of New Milford.
(b)
An interested person may submit a written request to the Panel care
of the Mayor's office for an opinion as to whether a particular
agricultural operation constitutes a nuisance or is an activity that
is incidental to normal and customary farming activity and comports
with community standards. In the event a dispute arises between an
agricultural operator and a resident in the Town of New Milford as
to whether a particular agricultural operation constitutes a nuisance,
either interested party may submit a written request to the Panel
for an advisory opinion or to mediate the dispute. The Panel may promulgate
such regulations and procedures as it deems necessary for the implementation
of this section. Nothing herein shall preclude any party from either
appealing said advisory determination to the Superior Court for the
Judicial District of Litchfield and/or commencing a direct action
in said court to abate the claimed nuisance.
