The Town of Athens, County of Greene, hereby recognizes that farming
is an essential enterprise and an important industry which enhances
the economic base, natural environment and quality of life in the
Town of Athens. The Town hereby also declares that its policy is to
promote effective communication between farm and nonfarm neighbors,
greater consideration by each of the other's needs and a shared
understanding of the value of agricultural enterprises to the Town
of Athens.
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 general purpose and intent of this article to maintain and
preserve the rural traditions and character of the Town, to permit
the continuation of agricultural practices, to protect the existence
and operation of farms, to encourage the initiation and expansion
of farms and agribusinesses, and to promote new ways to resolve disputes
concerning agricultural practices and farm operations. In order to
maintain a viable farming economy in the Town of Athens, it is necessary
to limit the circumstances under which farming may be deemed to be
a nuisance and to allow agricultural practices inherent to and necessary
for the business of farming to proceed and be undertaken free of unreasonable
and unwarranted interference or restriction.
The Town of Athens incorporates herein for the purposes of this article
the definitions found in Section 301 of Article 25AA of the State
Agriculture and Markets Law.
In addition to those definitions found in Section 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 Section
301 of Article 25AA of the State Agriculture and Markets Law. Examples
of such practices include, but are not limited to, operation of farm
equipment, including crop dusting, proper use of agricultural chemicals
and other crop production methods, including noise makers and burning
of agricultural materials, and construction and use of farm structures.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, milk and
milk products, eggs and furs.
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
Section 301 of Article 25AA of the State Agriculture and Markets Law,
or engaged in the business of agriculture, whether for profit or otherwise,
including the cultivation of land, the raising of agricultural products
or the raising of livestock.
The Town Board of the Town of Athens hereby expresses and acknowledges
its support of Section 308 of Article 25AA of the State Agriculture
and Markets Law, which added a new section of the State Agriculture
and Markets Law 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.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farms, may lawfully engage in agricultural practices
within the Town at all such 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 and improved
technologies.
Nothing in this article 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 practices, 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 Section 301 of Article 25AA 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 partially or wholly within an agricultural district and that
farming activities occur within the district. 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 within an agricultural district or of property with boundaries
within 500 feet of a farm operation located in an agricultural district.
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.
Should any controversy arise regarding any inconveniences or discomfort
occasioned by agricultural operations on property within the Town
of Athens which cannot be 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 Section
308 of Article 25AA of the State Agriculture and Markets Law.
In furtherance thereof, the Town Board of the Town of Athens is hereby
authorized by this article to establish a dispute resolution committee
within 30 days of receipt of the controversy. A three-member dispute
resolution committee shall be appointed by the Town Board, 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.
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.
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 misunderstandings. The parties
are encouraged to cooperate in the exchange of pertinent information
concerning the controversy.
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.