[HISTORY: Adopted by the Town Board of the Town of Kingsbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-24-1992 by L.L. No. 1-1992 (Ch. 35, Art. I, of
the 1983 Code)]
Under § 10 of the Municipal Home Rule Law, the Town
of Kingsbury adopts this Right To Farm Law.
As used in this article, the following terms shall have the
meanings indicated:
Any person, organization, entity, association, partnership
or corporation engaged in the business of agriculture, whether for
profit or otherwise.
All that real property within the boundaries of the Town
of Kingsbury currently used for agricultural operations or upon which
agricultural operations may in the future be established.
Any activity, including the cultivation of land, the raising
of crops or the raising of livestock, poultry, horticulture, timber,
apiculture and fur-bearing animals. Further, "agricultural practices"
shall mean any activity now permitted by law engaged in by a farmer
as defined herein, in connection with and in furtherance of the business
of farming and shall include, without limitation, the collection,
transportation, distribution and storage of animal and poultry wastes;
storage, transportation and use of equipment for tillage, planting
and harvesting; transportation, storage and use of legally permitted
fertilizers and limes, insecticides, herbicides and pesticides, all
in accordance with local, state and federal law and regulation and
in accordance with the manufacturer's instructions and warnings;
construction of farm structures and facilities as permitted by local
and state building codes and regulations; and construction and maintenance
of fences.
The Town of Kingsbury, Washington County, New York, and its
Town Board.
A.
It is the declared policy of this Town to enhance and encourage agricultural
operations within the Town. It is the further intent of this Town
to provide to the residents of this Town proper notification of the
Town's recognition and support through this article of those
persons' and/or entities' right to farm.
B.
Where nonagricultural land uses extend into agricultural areas or
exist side by side, agricultural operations frequently become the
subjects of nuisance complaints due to lack of information about such
operations. As a result, agricultural operators are forced to cease
or curtail their operations. Such actions discourage investments in
farm improvements to the detriment of adjacent agricultural uses and
the economic viability of the Town's agricultural industry as
a whole. It is the purpose and intent of this article to reduce the
loss to the Town of its agricultural industry as a whole. It is the
purpose and intent of this article to reduce the loss to the Town
of its agricultural resources by clarifying the circumstances under
which agricultural operations may be considered a nuisance. This article
is not to be construed as in any way modifying or abridging any New
York State law or any other applicable provisions of state law relative
to nuisances; rather, it is only to be utilized in the interpretation
and enforcement of the provisions of this article.
C.
An additional purpose of this article is to promote a good neighbor
policy by advising purchasers and users of property adjacent to or
near agricultural operations of the inherent potential problems associated
with such purchase or residence. Such concerns may include, but are
not limited to, the noises, odors, dust, chemicals, smoke and hours
of operation that may accompany agricultural operations. It is intended
that, through mandatory disclosures, purchasers and users will better
understand the impact of living near agricultural operations and be
prepared to accept attendant conditions as the natural result of living
in or near rural areas.
No agricultural activity, operation or facility or appurtenances
thereof conducted or maintained in a manner consistent with management
practices such as those recommended by state and federal agencies
within the educational aspects of farmers and agricultural practices,
herein and after referred to as "accepted customs and standards,"
shall be or become a nuisance.
A.
The disclosure statement required by this article shall be used under the following circumstances and in the following manners: Upon any transfer of real property by sale, exchange, installment land sale contract, lease with an option to purchase, any other option to purchase or ground lease coupled with improvements or residential stock cooperative improvement with dwelling units, the transferor shall require that a statement containing the language set forth in Subsection B shall be signed by the purchaser or lessee and recorded with the county recorder in conjunction with the deed or lease conveying the interest in real property; provided, however, that the real property to be transferred is adjacent to real property upon which agricultural operations are conducted.
B.
The disclosure required by Subsection A is set forth herein, and shall be made on a copy of the following disclosure form:
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REAL ESTATE TRANSFER DISCLOSURE STATEMENT
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THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED
IN THE TOWN OF KINGSBURY, STATE OF NEW YORK. THIS STATEMENT IS A DISCLOSURE
OF THE CONDITION OF THE ABOVE-DESCRIBED AGRICULTURAL PROPERTY AND
MAY APPLY TO THIS ARTICLE I OF CHAPTER 65 OF THE CODE OF THE TOWN
OF KINGSBURY AS OF _________, IT IS NOT A WARRANTY OF ANY KIND BY
THE SELLER(S) OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS
TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES
THE PRINCIPAL(S) MAY WISH TO OBTAIN.
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SELLER'S INFORMATION
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The seller discloses the following information with the knowledge
that even though this is not a warranty, prospective buyers should
consider this information in deciding whether and on what terms to
purchase the subject property. The seller hereby authorizes any agent(s)
representing any principal(s) in this transaction to provide a copy
of this statement to any person or entity in connection with any actual
or anticipated sale of the property. THE FOLLOWING IS INFORMATION
MADE BY THE SELLER(S) AS REQUIRED BY THE TOWN OF KINGSBURY AND ARE
NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION
IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN
THE BUYER AND SELLER.
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1.
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The Town of Kingsbury permits operation of accepted customs
and standards for agricultural operations within the Town. If the
property you are purchasing is located near agricultural lands or
operations or included within an agricultural district, you may be
subject to inconveniences or discomfort arising from such operations.
Such discomfort or inconveniences may include, but are not limited
to: noise, odors, fumes, dust, smoke, insects, operation of machinery
during any hour of the day or night, storage and disposal of manure
and the application, by spraying or otherwise, of chemical fertilizers,
soil amendments, herbicides and pesticides. One or more of the inconveniences
described may occur as a result of any agricultural operation still
within conformance with existing laws and regulations and accepted
customs and standards. If you live near an agricultural area, you
should be prepared to accept such inconveniences or discomfort as
a normal and necessary aspect of living in a Town with a strong rural
character and an active agricultural sector. The Town of Kingsbury
has established a grievance committee to assist in the resolution
of any disputes which might arise between residents of this Town regarding
agricultural operations.
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2.
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Additional Town requirements.
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The seller certifies that the information herein is true and
correct to the best of the seller's knowledge as of the date
signed by the seller.
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Seller
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Date _________
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Seller
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Date _________
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II
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BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE
AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE
PROVISIONS IN A CONTRACT BETWEEN BUYER(S) AND SELLER(S) WITH RESPECT
TO ANY ADVICE/INSPECTIONS/DEFECTS.
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I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.
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Seller
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Date _________
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Seller
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Date _________
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Buyer
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Date _________
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Buyer
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Date _________
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Agent (broker obtaining the seller)
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_________ By _________ Date _________
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(Associate Licensee or Broker Signature)
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Agent (broker obtaining the offer)
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_________ By _________ Date _________
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(Associate Licensee or Broker Signature)
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State of
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On this the _____ day
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ss:
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of _________, before me, the undersigned Notary Public, personally
appeared
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County of
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Personally known to me, _________ Provided to me on the basis
of satisfactory evidence to be the person(s) whose name(s) _________
subscribed to the within instrument and acknowledged that _________
executed the same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
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Present A.P. No. _________
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A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE.
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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If a buyer refuses to sign the disclosure statement set forth in § 65-5B, the transferor may comply with the requirements of this article by delivering the statement to the buyer as provided in § 65-5B and affixing and signing the following declaration to the statement:
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I, _________, have delivered a copy of the foregoing disclosure
statement as required by law to _________, who has refused to sign.
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I declare the foregoing to be true.
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Date
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Sign
Print Name:
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Noncompliance with any provision of this article shall not affect
title to real property, nor prevent the recording of any document.
Any person who violates any provision of this article is guilty of
an infraction punishable by a fine not exceeding $100.
This article and the prescriptions set forth herein are in addition
to all other applicable laws, rules and regulations.
A.
Should
any controversy arise regarding any inconveniences or discomfort occasioned
by agricultural operations, including but not limited to noises, odors,
fumes, dust, the operation of machinery of any kind during any hour
of the day or night, the storage and disposal of manure and the application,
by spraying or otherwise, of chemical fertilizers, soil amendments,
herbicides and pesticides, the parties will submit the controversy
to a grievance committee as set forth below in an attempt to resolve
the matter prior to the filing of any court action.
B.
Any
controversy between the parties may be submitted to a grievance 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.
The committee shall be composed of five members selected from the
community by the Town Board, of whom two shall be active farmers,
one an agribusinessman, one a Town Board member and one a member-at-large.
D.
The effectiveness of the Grievance Committee as a forum for 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.
E.
The controversy shall be presented to the Committee by written consent
of one of the parties within the time specified. Thereafter, 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, 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.
F.
The decision of the Committee shall not be binding. If one of the parties is not satisfied with the Committee's decision, upon agreement of both parties, the matter may be submitted to the Town Board according to the procedures set forth in Subsection G below.
G.
Town Board procedures.
(1)
The controversy between the parties shall be submitted to the Town
Board upon written agreement of both parties.
(2)
The Town Board shall review the controversy with a report from the
proceedings of the Grievance Committee. Within 30 days of the written
request, the Town Board shall render a written decision to the parties.
"Right to farm" signs will be maintained throughout the Town.
