[HISTORY: Adopted by the Town Board of the Town of Coxsackie
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 201.
[Adopted 7-8-2003 by L.L. No. 9-2003]
A.
The Town of Coxsackie, County of Greene, finds, declares, and determines
that farming is important to the Town of Coxsackie because it is a
livelihood that preserves the rural traditions and character of the
Town; provides employment for agribusiness; provides locally produced,
fresh commodities; agricultural diversity promotes economic stability;
agriculture maintains open space and promotes environmental quality;
and agricultural land does not increase the demand for services provided
by local governments. In order to maintain a viable farming economy
in the Town of Coxsackie, farmers shall be afforded protection allowing
them the right to farm. When nonagricultural land uses extend to agricultural
areas, agricultural operations may become the subject of nuisance
suits. As a result, agricultural operations may be forced to cease
operations or may be discouraged from making investments in farm improvements.
B.
Chapter 797 of the Laws of 1992 of the State of New York provides
the important foundation for achieving right-to-farm protection. It
is the purpose of this article to reduce the loss to the Town of Coxsackie
of its agricultural resources by limiting the circumstances under
which farming may be deemed to be a nuisance and to not allow unreasonable
and unwarranted interference or restriction.
A.
The Town of Coxsackie incorporates herein for the purposes of this
article the definitions found in § 301 of Article 25AA of
the State Agriculture and Markets Law.
B.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARMER
FARMLAND
In addition to those definitions found in § 301 of Article
25AA of the State Agriculture and Markets Law, the following definitions
are also applicable for the purposes of this article:
Farm operations, as defined in Subdivision 11 of § 301
of Article 25AA of the State Agriculture and Markets Law.
Crops, livestock and livestock products, as defined in Subdivision
2 of § 301 of Article 25AA of the State Agriculture and
Markets Law.
Any person, organization, entity, association, partnership,
limited liability company, corporation or other entity engaged in
land use in agricultural production, as defined in Subdivision 4 of
§ 301 of Article 25AA of the State Agriculture and Markets
Law.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25AA of the State Agriculture and
Markets Law.
The Town Board of the Town of Coxsackie hereby expresses and
acknowledges its support of § 308 of Article 25AA of the
Agriculture and Markets Law, which added a new section to the Agriculture
and Markets Law of the State of New York establishing for the first
time a statutory right to farm. It addresses sound agricultural management
practices in an attempt to limit the commencement of private nuisance
suits against farmers. The state right-to-farm law provides that an
agricultural practice shall not constitute a public or private nuisance
so long as it constitutes a sound agricultural practice.
A.
Should any controversy arise regarding any inconveniences or discomfort
occasioned by agricultural operations on property within the Town
of Coxsackie which cannot he settled by direct negotiations between
the parties involved, either party may submit the controversy to a
dispute resolution committee, as set forth below, in an attempt to
resolve the matter prior to the filing of any court action and prior
to a request for determination by the Commissioner of Agriculture
and Markets about whether the practice in question is sound pursuant
to § 308 of Article 25AA of the State Agriculture and Markets
Law.
B.
In furtherance thereof, the Town Board of the Town of Coxsackie is
hereby authorized by this article to establish a dispute resolution
committee. The Town Board shall appoint three members to this committee,
as needed and as set forth hereafter.
C.
Any controversy between the parties, which they choose to submit,
shall be submitted within 30 days of the last date of occurrence of
the particular activity giving rise to the controversy or the date
the party became aware of the occurrence.
D.
The Town is hereby authorized to establish a dispute resolution committee
within 30 days of receipt of the controversy. Upon receipt of said
submission, the Town Board shall appoint a three-member dispute resolution
committee selected from the Town, including one representative from
the Town Board, one person from a community dispute resolution center
such as Common Ground Mediation or FarmNet, and one farmer from the
community.
E.
The effectiveness of the dispute resolution committee as a forum
for the resolution of disputes 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.
F.
Once formed, the dispute resolution committee may investigate the
facts of the controversy but must, within 60 days of receipt of the
controversy and establishment of the committee, hold a meeting at
a mutually agreed upon place and time to consider the merits of the
matter and, within five days of the meeting, render a written decision
to the parties. At the time of the meeting both parties shall have
an opportunity to present what each considers to be pertinent facts.
No party bringing a complaint to the dispute resolution committee
for settlement or resolution may be represented by counsel unless
the opposing party is also represented by counsel. The time limits
provided in this subsection for action by the dispute resolution committee
may be extended upon the written stipulation of all parties in the
dispute.
G.
Records of the dispute resolution committee shall be maintained by
the Greene County Planning Department.
