[HISTORY: Adopted by the Town Board of the
Town of Grand Island as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-7-2011 by L.L. No. 5-2011; amended in its entirety 4-17-2023 by L.L. No. 1-2023]
A.Â
The Town Board recognizes that farming is an essential enterprise,
an important industry that enhances the economic base, natural environment,
and quality of life in Grand Island, consistent with the adopted Town
of Grand Island Resource Guide for the Protection and Promotion of
Agriculture and Farming and New York State Agriculture and Markets
Law § 25-AA. Therefore, the Town Board of Grand Island finds
and declares that this Town encourages its agriculture and urges understanding
of and cooperation with the necessary day-to-day operations involved
in farming.
B.Â
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 and agricultural practices of any size or scale, and to promote new ways to resolve disputes concerning agricultural practices and farm operations, consistent with § 145-1A above. In order to maintain a viable farming economy in Grand Island, it is necessary to limit the circumstances under which farming may be deemed to be a nuisance and allow agricultural practices inherent to and necessary for farming to proceed and be undertaken free of unreasonable and unwarranted interference or restriction.
C.Â
Nothing in this article shall be read as authorizing any agricultural
activity not permitted by the Town Code.
As used in this article, the following terms shall have the
meanings indicated:
Those practices necessary for the production, preparation,
and marketing of agricultural products. Examples of such practices
include, but are not limited to, operation of farm equipment on and
off-site, proper use of agricultural chemicals and other crop protection
methods, direct sales to consumers of agricultural products produced
on-site, agricultural tourism, and construction and use of farm structures
and fences.
Those products as defined in § 301(2) of Article
25-AA of the State Agriculture and Markets Law, including, but not
limited to:
Field crops, including corn, wheat, rye, barley, hay, potatoes,
soybeans and dry beans.
Fruits, including apples, peaches, grapes, cherries, and berries.
Vegetables, including tomatoes, beans, cabbage, carrots, beets,
and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees, and flowers.
Vineyards and wineries.
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.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Apiary products, including honey, beeswax, royal jelly, bee
pollen, propolis, package bees, nucs (small honey bee colonies created
from larger colonies including the nuc box), and queens.
Actively managed log-grown woodland mushrooms.
Industrial hemp and hemp products.
Maple sap.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Woody biomass which means short rotation woody crops raised
for bioenergy and shall not include farm woodland.
Woodland products, including, but not limited to, logs, lumber,
posts, and firewood.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in agricultural
practices, whether for profit or otherwise, including the cultivation
of land, the raising or crops, or the raising of livestock.
The land, including buildings and equipment, which is used
in the production, whether for profit or otherwise, of agricultural
goods and services, including but not limited to, cultivation, raising
of crops or livestock, poultry, dairy pursuits, equestrian and other
equine activities, timber harvesting, or the practicing of horticulture
or keeping of bees, without reference to its extent or the tenure
by which it is held. Such farm or farmland may consist of parcels
that are contiguous or noncontiguous.
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,
and other agricultural products as a commercial or noncommercial enterprise.
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.
Includes land used for production and sale of woodland products,
including, but not limited to, logs, lumber, posts, and firewood.
A.Â
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 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.
B.Â
Agricultural practices conducted on Grand Island shall not be found
to be a public or private nuisance if such agricultural practices
are:
(1)Â
Reasonable and necessary to the particular farm or farm operation;
(2)Â
Conducted in a manner which is not negligent or reckless;
(3)Â
Conducted in conformity with generally accepted and sound agricultural
practices;
(4)Â
Conducted in with all local, state, and federal laws and regulations;
(5)Â
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
(6)Â
Conducted in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.Â
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.
A.Â
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 the 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 farming activities occur within the Town. Such farming
activities may include, but not be limited to, activities that cause
noise, dust, smoke, and odors; applications of chemical fertilizers,
soil amendments, herbicides and pesticides; and operation of machinery."
B.Â
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.
C.Â
In addition, this notice shall be included in building permits and
on plats or subdivision submitted for approval, pursuant to Town Law
§ 276.
A.Â
Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations that cannot be settled by direct negotiation between the parties involved, either party may submit the controversy to the Code Enforcement Officer, who in turn will bring the matter to the attention of the Town Board for referral to the Grand Island Agricultural Advisory Board, as set forth in Subsection E below, in an attempt to resolve the matter prior to the filing of any court actions and prior to a request for a determination by the Commissioner of Agriculture and Markets about whether the practice in question is sound, pursuant to § 310 of Article 25-AA of the State Agriculture and Markets Law. Submission to the Grand Island Agricultural Advisory Board shall stay all proceedings related to the matter until the Board notifies the parties of the conclusion of its involvement or 90 days, whichever is earlier, unless the Code Enforcement Officer certifies to the Town Board that, by reason of facts stated in the certificate of stay would, in his or her opinion, cause imminent peril to life or property.
B.Â
Any controversy between the parties shall be acted upon within 90
days of receipt of the request for dispute resolution by the Town.
C.Â
The Agricultural Advisory Board shall be composed of seven voting
members, two alternates, and two liaisons to include one member of
the Town Board and a representative from the Erie County Department
of Environment and Planning. The seven board members and two alternates
shall be residents of the Town, which may include but not be limited
to persons who undertake agricultural activities of any size or scale,
for commercial and/or hobby purposes, or those who provide support
to persons undertaking such activities.
D.Â
The effectiveness of the Agricultural Advisory Board as a forum for
the resolution of disputes is dependent upon full discussion and complete
review and consideration of all pertinent facts, as presented at a
meeting with the Board, concerning the dispute in order to eliminate
any misunderstandings. The parties involved in the controversy are
encouraged to cooperate in the exchange of pertinent information with
the Board concerning the controversy.
E.Â
Upon notification of a complaint of controversy to the Code Enforcement
Office from one of the aggrieved parties, the Code Enforcement Officer
shall prepare and present a written complaint to the Town Board for
consideration of referral to the Agricultural Advisory Board. Thereafter,
the Agricultural Advisory Board shall investigate the merits of the
complaint, deliberate, and vote on the matter at a meeting of the
Board, and render a written recommendation for dispute resolution
to the Town Board.
A.Â
If any
part of this article for any reason, is found to be unconstitutional
or invalid, such decision shall not affect the remainder of the chapter.
