[HISTORY: Adopted by the Town Board of the Town of Hamburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-2009 by L.L. No. 7-2009]
A.Â
The Hamburg Town Board finds, declares and determines that agriculture
and family farms have contributed to the landscape, culture and quality
of life in the Town of Hamburg and are a valued part of the community.
Agriculture provides locally produced, fresh commodities and maintains
open space by promoting environmental quality and not increasing the
demand for services provided by local governments. In order to maintain
viable farming in the Town of Hamburg, farmers must be afforded protection
allowing them the right to farm. When nonagricultural land uses extend
into agricultural areas, agricultural operations may become the subject
of nuisance suits. As a result, agricultural operations are sometimes
forced to cease operation or are discouraged from making investments
in agricultural improvements.
B.Â
It is the purpose of this article to reduce the loss of agricultural
resources in the Town of Hamburg by practices inherent to, and necessary
for, the business of farming to proceed and be undertaken free of
reasonable and unwarranted interference or restriction.
A.Â
AGRICULTURAL ADVISORY COMMITTEE
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this article, the following terms shall have the meanings
indicated:
Comprised of local farmers and members of the farming industry
(not to exceed five), a member of the Hamburg Planning Board, one
representative from the Erie County Farm Bureau and a Town Board liaison,
as designated by the Town Board, for the purpose of providing guidance
on agricultural issues and land use policies impacting farms, and
to minimize, mediate and resolve conflicts between farmers and non-farm
neighbors.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and on-farm production, processing, and marketing
of agricultural products, including, but not limited to, the collection,
transportation, distribution, storage, and land application of animal
wastes; storage, transportation, and use of equipment for tillage,
planting, harvesting, irrigation, fertilization, and government-certified
pesticide application; storage and use of legally permitted fertilizers,
limes and pesticides, all in accordance with local, state and federal
law and regulations and in accordance with manufacturers' instructions
and warnings; storage, use and application of animal feed and foodstuffs;
construction and use of farm structures and facilities for the storage
of animal wastes, farm equipment, pesticides, fertilizers, agricultural
products and livestock, for the sale of agricultural products, and
for the use of farm labor, as permitted by local and state building
code and regulations, including the construction and maintenance of
fences.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the Agricultural and Markets Law.
The land, buildings, farm residential buildings, and machinery
used in the production, whether for profit or otherwise, of agricultural
products.
Any person, organization, entity, association, partnership,
or corporation engaged in the business of agriculture, for profit
or otherwise, including the cultivation of land; the raising of crops;
the raising of livestock, poultry, fur-bearing animals, or fish; the
harvesting of timber; or the practicing of horticulture or apiculture.
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of "agricultural practices."
B.Â
Unless specifically defined above, words or phrases used in this
article shall be interpreted so as to give them meanings they have
in common usage, and to give this article its most reasonable application.
A.Â
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Hamburg at all such times and in all such locations
as are reasonably necessary to conduct the business of agriculture.
For any agricultural practice, in determining the reasonableness of
the time, place, and methodology of such practice, 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 improved technologies.
B.Â
Agricultural practices conducted on farmland shall not be found to
be a public or private nuisance if such agricultural practices are:
(1)Â
Reasonable and necessary to the particular farm or farming operation;
(2)Â
Conducted in a manner that is not negligent or reckless;
(3)Â
Conducted in conformity with generally accepted agricultural practices;
(4)Â
Conducted in conformity with all local, state, and federal laws and
regulations;
(5)Â
Conducted in a manner that does not constitute a threat to public
health and safety or cause injury to health or safety of any person;
and
(6)Â
Conducted in a manner that does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.Â
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death.
If any part of this article, for any reason is found to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
The legislative intent and purpose of this article shall be
taken into consideration by each Town officer and/or board in processing
any application or request for rezoning, site plan approval, and/or
special use permit approval when the property that is the subject
of such application is located within one mile of an existing farm.
Such Town officer and/or board shall, as part of its review of such
application, determine whether appropriate and reasonable conditions
may be prescribed or required that would further the purposes and
intent of this article as part of an approval of the application.
Such appropriate and reasonable conditions shall be determined on
a case-by-case basis and may include, but not be limited to, requiring
declarations, deed restrictions and/or covenants that run with the
land and would notify future purchasers and owners of the subject
property that owning and occupying such property might expose them
to certain discomforts or inconveniences resulting from the conditions
associated with agricultural practices and operations in the Town.
A.Â
Should any controversy arise regarding any inconveniences or discomforts
occasioned by an agricultural operation, including, but not limited
to, noise, odors, fumes, dust, the operation of machinery, the storage
and disposal of manure, and the application, by spraying or otherwise,
of chemical fertilizers, soil amendments, herbicides and/or pesticides,
the parties may submit the controversy to the Agricultural Advisory
Committee as set forth below in an attempt to resolve the matter prior
to the filing of any court action.
B.Â
Any controversy between the parties may be submitted to the Agricultural
Advisory Committee, whose decision shall be advisory only, within
30 days of the date of the occurrence of the particular activity giving
rise to the controversy or of the date a party became aware of the
occurrence.
C.Â
The effectiveness of the Agricultural Advisory Committee as a forum
for resolution of grievances 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.
D.Â
The controversy shall be presented to the Committee by written request
of one of the parties within the time limits prescribed above. Therefore,
the Committee may investigate the facts of the controversy but must,
within 30 days, hold a meeting to consider the merits of the matter
and within 20 days of the meeting must render a written decision to
the parties. At the time of meeting, both parties shall have an opportunity
to present what each party considers to be the pertinent facts.
This article shall be effective immediately upon acceptance
by the Hamburg Town Board and filing with the New York Secretary of
State.
