[HISTORY: Adopted by the Town Board of the Town of Brutus
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2011 by L.L. No. 1-2011]
A. The Town Board of the Town of Brutus adopted the Town of Brutus Agriculture
and Farmland Protection Plan on January 11, 2010, which recognizes
that farming is an essential element of the Town's economy and
contributes to the maintenance of the Town's environmental quality
and character.
B. Based upon the findings of the Plan and the recommendation of the
Town of Brutus Agricultural Advisory Committee that was established
to advise the Board on implementation of the Plan and other issues
that may arise related to agriculture the Town Board hereby enacts
the Town of Brutus Right to Farm Law.
C. Generally the objectives of this article are to: maintain and preserve
rural traditions and character; permit the continuation of farming
practices necessary to the continued operation of farms and agribusiness;
and develop a method to resolve disputes between farmers and non-farmers
that may from time to time arise. This article seeks to accomplish
these objectives by limiting 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.
A. As used in this article, the following terms shall have the meanings
indicated:
AGRICULTURAL ACTIVITIES (FARMS, FARMING)
(1)
(a)
Field crops, including corn, wheat, oats, 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, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur bearing animals, wool bearing
animals, such as alpacas and llamas, milk, eggs and furs.
(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)
Woody biomass, which means short rotation woody crops raised
for bioenergy, and shall not include farm woodland.
(j)
Apiary products, including honey, beeswax, royal jelly, bee
pollen, propolis, package bees, nucs and queens. For the purposes
of this paragraph, "nucs" shall mean small honey bee colonies created
from larger colonies including the nuc box, which is a smaller version
of a beehive, designed to hold up to five frames from an existing
colony.
(2)
FARM WOODLANDLand used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.
(3)
LAND USED IN AGRICULTURAL PRODUCTIONNot less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more; or, not less than seven acres of land used in the preceding two years to support a commercial horse boarding operation with annual gross receipts of $10,000 or more. Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include:
(a)
Rented land which otherwise satisfies the requirements for eligibility
for an agricultural assessment.
(b)
Land of not less than seven acres used as a single operation
for the production for sale of crops, livestock or livestock products,
exclusive of woodland products, which does not independently satisfy
the gross sales value requirement, where such land was used in such
production for the preceding two years and currently is being so used
under a written rental arrangement of five or more years in conjunction
with land which is eligible for an agricultural assessment.
(c)
Land used in support of a farm operation or land used in agricultural
production, constituting a portion of a parcel, as identified on the
assessment roll, which also contains land qualified for an agricultural
assessment.
(d)
Farm woodland which is part of land which is qualified for an
agricultural assessment, provided, however, that such farm woodland
attributable to any separately described and assessed parcel shall
not exceed 50 acres.
(e)
Land set aside through participation in a federal conservation
program pursuant to Title 1 of the Federal Food Security Act of 1985
or any subsequent federal programs established for the purposes of
replenishing highly erodible land which has been depleted by continuous
tilling or reducing national surpluses of agricultural commodities
and such land shall qualify for agricultural assessment upon application
made pursuant to Paragraph (a) of Subdivision 1 of § 305
of the New York Agriculture and Markets Law, except that no minimum
gross sales value shall be required.
(f)
Land of not less than seven acres used as a single operation
in the preceding two years for the production for sale of crops, livestock
or livestock products of an average gross sales value of $10,000 or
more, or land of less than seven acres used as a single operation
in the preceding two years for the production for sale of crops, livestock
or livestock products of an average gross sales value of fifty thousand
dollars or more.
(g)
Land under a structure within which crops, livestock or livestock products are produced, provided that the sales of such crops, livestock or livestock products meet the gross sales requirements of Subsection
(3)(f) of this subdivision.
(h)
Land that is owned or rented by a farm operation in its first
or second year of agricultural production, or, in the case of a commercial
horse boarding operation, in its first or second year of operation,
that consists of:
[1]
Not less than seven acres used as a single operation for the
production for sale of crops, livestock or livestock products of an
annual gross sales value of $10,000 or more; or
[2]
Less than seven acres used as a single operation for the production
for sale of crops, livestock or livestock products of an annual gross
sales value of $50,000 or more; or
[3]
Land situated under a structure within which crops, livestock
or livestock products are produced, provided that such crops, livestock
or livestock products have an annual gross sales value of $10,000
or more, if the farm operation uses seven or more acres in agricultural
production, or $50,000 or more, if the farm operation uses less than
seven acres in agricultural production; or
[4]
Not less than seven acres used as a single operation to support
a commercial horse boarding operation with annual gross receipts of
$10,000 or more.
(i)
Land of not less than seven acres used as a single operation
for the production for sale of orchard or vineyard crops when such
land is used solely for the purpose of planting a new orchard or vineyard
and when such land is also owned or rented by a newly established
farm operation in its first, second, third or fourth year of agricultural
production.
(j)
Land of not less than seven acres used as a single operation
for the production and sale of Christmas trees when such land is used
solely for the purpose of planting Christmas trees that will be made
available for sale, whether dug for transplanting or cut from the
stump and when such land is owned or rented by a newly established
farm operation in its first, second, third, fourth or fifth year of
agricultural production.
(k)
Land used to support an apiary products operation which is owned
by the operation and consists of not less than seven acres nor more
than ten acres used as a single operation in the preceding two years
for the production for sale of crops, livestock or livestock products
of an average gross sales value of $10,000 or more, or less than seven
acres used as a single operation in the preceding two years for the
production for sale of crops, livestock or livestock products of an
average gross sales value of fifty thousand dollars or more. The land
used to support an apiary products operation shall include, but not
be limited to, the land under a structure within which apiary products
are produced, harvested and stored for sale; and a buffer area maintained
by the operation between the operation and adjacent landowners. Notwithstanding
any other provision of this definition, rented land associated with
an apiary products operation is not eligible for an agricultural assessment
based on this subsection.
(4)
(a)
The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a "commercial horse boarding operation" as defined in Subsection
(5) of this definition and "timber processing" as defined in Subsection
(6) of this definition and "compost, mulch or other biomass crops" as defined in Subsection
(9) of this definition.
(b)
For the purposes of this article, such farm operation shall also include the production, management and harvesting of "farm woodland," as defined in this Subsection
(2) of this definition. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
(5)
COMMERCIAL HORSE BOARDING OPERATIONAn agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on-site function is horse racing. Notwithstanding any other provision of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of operation.
(6)
TIMBER PROCESSINGThe on-farm processing of timber grown on a farm operation into woodland products, including but not limited to logs, lumber, posts and firewood, through the use of a readily moveable, nonpermanent saw mill, provided that such farm operation consists of at least seven acres and produces for sale crops, livestock or livestock products of an annual gross sales value of $10,000 or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products.
(7)
AGRICULTURAL TOURISMActivities conducted by a farmer on-farm for the enjoyment or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life.
(8)
APIARY PRODUCTS OPERATIONAn agricultural enterprise, consisting of land owned by the operation, upon which bee hives are located and maintained for the purpose of producing, harvesting and storing apiary products for sale.
(9)
COMPOST, MULCH OR OTHER ORGANIC BIOMASS CROPSThe on-farm processing, mixing, handling or marketing of organic matter that is grown or produced by such farm operation to rid such farm operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm generated organic matter that is transported to such farm operation and is necessary to facilitate the composting of such farm operation's agricultural waste. This shall also include the on-farm processing, mixing or handling of off-farm generated organic matter for use only on that farm operation. Such organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste, vegetation, wood biomass or byproducts of agricultural products that have been processed on such farm operation. The resulting products shall be converted into compost, mulch or other organic biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials. For purposes of this definition, compost shall be processed by the aerobic, thermophilic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material.
FARMER
Any person organization, entity, association, partnership,
corporation, or limited liability corporation engaged in the business
of agriculture whether for profit or otherwise including the cultivation
of land, raising of crops, or rising of livestock.
FARMLAND
Land used in agriculture production.
B. When used in this article, the term "Town of Brutus" refers only
to lands within the Town of Brutus outside of the Village of Weedsport.
A. Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Brutus at all times and in all such locations as
are reasonably necessary to conduct the business of agriculture. For
any agricultural practice, in determining the reasonableness of the
place, time 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 techniques.
B. Agricultural practices conducted on farmland shall not be found to
be a public or private nuisance if such agricultural practices are:
(1) Reasonable and necessary to the particular farm or farm operation;
(2) Conducted in a manner which is not negligent or reckless;
(3) Conducted in conformity with generally accepted and sound agricultural
practices;
(4) Conducted in conformity with all local, state and federal laws and
regulations;
(5) Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to the health or safety or any person;
and
(6) Conducted in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roads.
C. Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to a failure to follow sound agricultural practices as outlined
in this section.
A. In order to promote harmony between farmers and their neighbors,
the Town of Brutus requires land holders and/or their agents and assigns
provide notice to prospective purchasers and occupants as follows:
"It is the policy of the Town of Brutus 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 disclosure notice is to inform prospective residents that
the property they are about to acquire lies within a community where
farming activities occur. Such farming activities may include, but
not be limited to, activities that cause noise, dust and odors."
B. A copy of this notice shall be included as an addendum to the purchase
and sale contract at the time an offer to purchase is made. In addition
this notice shall be included in building permits and on plats of
subdivisions for approval pursuant to New York State Town Law § 276.
C. Should any New State Law or agency require the same or more stringent
notification then that requirement shall supersede this requirement.
A. Should any controversy arise regarding any inconveniences or discomfort
occasioned by agricultural operations that cannot be resolved by direct
negations 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 dispute prior to filing for any court action
or a request for determination by the Commissioner of Agriculture
and Markets as authorized by § 308 of Article 25AA of the
New York State Agriculture and Markets Law.
B. Any controversy between parties shall be submitted to the Committee
within 30 days of the last occurrence of the particular activity that
gave rise to the dispute or the date the party became aware of the
occurrence.
C. The controversy shall be submitted to the Town Agricultural Advisory
Committee by one of the parties. Thereafter the Town Agricultural
Advisory Committee shall take the steps needed to establish a Dispute
Resolution Committee. The Committee, once established, shall advise
the other party to the dispute of the submittal of the request for
resolution and request the other parties' participation. The
Committee shall meet within 30 days of the notification of the parties
with the parties and such experts as may be deemed appropriate to
consider the matter. Following the meeting the Committee shall render
a decision within 30 days and advise the parties of its decision in
writing or, with the consent of both parties, at a later date so as
to permit the collection of additional facts or analysis of facts
presented.
D. The Dispute Resolution Committee shall be an ad hoc committee established
when a controversy arises. It shall be composed of three members:
one member of the Town of Brutus Agricultural Advisory Committee chosen
by the members of that Committee; one member of the Town Board chosen
by the members of the Board; and one person mutually agreed to be
both parties to the dispute.
E. The parties are encouraged to provide full and factual information
the Committee in order that the Committee may function in an optimum
manner. The Committee is encouraged to request professional evaluations
of matters related to the dispute by such experts as Cayuga County,
New York State, and federal agencies may be able to provide to assist
the Committee.
F. Any reasonable costs incurred by the Committee shall be born equally
between the parties.