[HISTORY: Adopted by the Town Board of the Town of Lloyd 4-7-2010 by L.L. No.
6-2010. Amendments noted where applicable.]
A.
It is hereby found and declared by the Town Board of the Town of
Lloyd that agricultural lands are irreplaceable assets. To that end,
the Town Board finds farming to be an essential activity within the
Town which greatly contributes to the economic viability of the Town.
Farming also reinforces the special quality of life enjoyed by the
Town's residents, provides the visual benefit of open space and generates
economic benefits and social well-being within the community. Therefore,
the Town Board emphasizes to both the Town's current residents and
prospective newcomers to the Town that it is the policy of this Town
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.
B.
Furthermore, the Town Board hereby supports those farmers, as well
as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage
in the time-honored profession of farming. The Town Board hereby expresses
its support of the enactment by the State Legislature of Chapter 797
of the Law of 1992 of the State of New York (see § 301 et
seq. and Article 25-AAA of the Agriculture and Markets Law), which,
among other things, added a new section to the Agriculture and Markets
Law of the State of New York by establishing for the first time a
statutory right to farm by prohibiting the commencement of private
nuisance suits against farmers who engage in sound agricultural practices.
C.
The Town Board, in an effort to promote and foster a harmonious relationship
between the residents of the Town and those who contemplate purchasing
land with the Town of Lloyd, and to conserve, protect and encourage
the development and improvement of agricultural land for the production
of food and other products, hereby declares that it shall be the policy
of this Town to provide reasonable notice to prospective landowners
that farming activities may occur on neighboring lands.
A.
Upon the submission of a preliminary subdivision plat or a multifamily
residential site plan to the Planning Board of the Town of Lloyd,
pursuant to Article 16 of the Town Law of the State of New York, the
applicant, in addition to any other requirement, shall submit a separate
statement to the Planning Board stating whether the boundaries of
the proposed subdivision or multifamily residential dwelling are to
be located partially, wholly or within 500 feet of either a New York
State certified agricultural district or land for which an individual
commitment has been received pursuant to § 305 or 306 of
the Agriculture and Markets Law of the State of New York.
B.
Should any proposed subdivision or multifamily residence be located
partially, wholly or within 500 feet of either a New York State certified
agricultural district or land for which an individual commitment has
been received pursuant to § 305 or 306 of the Agriculture
and Markets Law of the State of New York, then the following notice
shall appear on either the final subdivision plat or final site plan:
"It is the policy of the Town of Lloyd 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 ecological value.
This notice is to inform the prospective grantee that the property
he or she is about to acquire lies partially, wholly or within 500
feet of either an agricultural district or land for which an individual
commitment has been received pursuant to § 305 or 306 of
the Agriculture and Markets Law of the State of New York and that
farming activities may occur on such property. Such farming activities
may include but not be limited to activities that cause noise, dust
and odors."
C.
In addition to the requirements of Subsection B, the Planning Board shall also require as a condition of final subdivision or site plan approval that, prior to the initial sale, purchase or exchange of any real property within any such subdivision or multifamily residence, the grantor shall also deliver to the prospective grantee a typewritten document containing the notice set forth in Subsection B. Further, the grantor shall incorporate said notice in any deeds wherein title to any such property is to be initially conveyed to a grantee.
