[Adopted 11-12-2009 by L.L. No. 2-2009]
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL PRACTICES
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop production methods, and
construction and use of farm structures.
AGRICULTURAL PRODUCTS
Those products as defined in § 301(2) of Article
25-AA of the State Agriculture and Markets Law, including but not
limited to:
A.
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
B.
Fruits, including apples, peaches, grapes, cherries and berries.
C.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
D.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
E.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites such as ostriches, emus, rheas
and kiwis, farmed deer, farmed buffalo, fur-bearing animals, milk
and milk products, eggs, furs, and poultry products.
F.
Maple sap and sugar products.
G.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
H.
Aquaculture products, including fish, fish products, water plants
and shellfish.
I.
Short-rotation woody crops raised for bioenergy.
J.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
EXOTIC ANIMALS
Rare and unusual animal pets, or animals kept as pets which
are not commonly thought of as pets.
[Added 9-8-2011 by L.L. No. 1-2011]
FARMER
Any person, organization, entity, association, partnership,
limited-liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
FARMLAND
Land used in agricultural production as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
FARM OPERATION
Shall be defined in § 301(11) in the State Agriculture
and Markets Law.
HOBBY FARMERS
Are those engaged in personal farm activities and are not
involved in large-scale agricultural operations and are limited to
the number of animals listed in Table 51-6 only.
[Added 9-8-2011 by L.L. No. 1-2011]
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within this Town at all times and 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, research
and improved technologies. Agricultural practices conducted on farmland
shall not be found to be a public or private nuisance if such agricultural
practices are:
A. Reasonable and necessary to the particular farm or farm operation;
B. Conducted in a manner which is not negligent or reckless. Animal
owners shall provide adequate shelter, food and security for their
animals;
C. Conducted in conformity with generally accepted and sound agricultural
practices;
D. Conducted in conformity with all local state, and federal laws and
regulations;
E. Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to health or safety of any person;
and
F. Conducted in a manner which does not reasonably obstruct the free
passage or use of navigable waters or public roadways. Nothing in
this local law shall be construed to prohibit an aggrieved party from
recovering from damages for bodily injury or wrongful death due to
a failure to follow sound agricultural practice, as outlined in this
section.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with § 310 of Article 25-AA of the State Agriculture
and Markets Law and provide notice to prospective purchasers and occupants
as follows: "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
prospective residents that the property they are about to acquire
lies where farming activities occur. Such farming activities may include,
but not be limited to, activities that cause noise, dust and odors."
This notice shall be provided to prospective purchasers of property
with boundaries within 500 feet of a farm operation. A copy of this
notice shall be included by the seller or seller's agent as an
addendum to the purchase and sale contract at the time an offer to
purchase is made.
[Added 9-8-2011 by L.L. No. 1-2011]
Hobby farmers are those engaged in personal farm activities
and are not involved in large-scale agricultural operations and are
limited to the number of animals listed in Table 51-6 only. All zoning
regulations shall apply. The hobby farmer shall dispose of animal
waste properly. The hobby farmer shall not create excessive noise,
objectionable odors or viewshed from this activity. The hobby farmer
and/or Town residents are not allowed to have exotic animals.
Table 51-6
Limited Number of Animals
|
---|
Animal
|
Limit
|
---|
Chickens
|
12
|
Ducks
|
6
|
Geese
|
4
|
Goats
|
2
|
Miniature pigs
|
2
|
Rabbits
|
12
|
Sheep
|
2
|
Turkeys
|
4
|