[HISTORY: Adopted by the Town Board of the Town of Cato as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 76.
[Adopted 10-4-2011 by L.L. No. 2-2011]
A.
The Town Board recognizes that farming is an essential enterprise
and an important industry that enhances the economic base, natural
environment and quality of life in the Town of Cato.
B.
The Town Board further declares that it shall be the policy of this
Town to encourage agriculture and foster understanding by all residents
of the necessary day-to-day operations involved in farming so as to
encourage cooperation with those practices.
C.
It is the general purpose and intent of this article to:
(1)
Maintain and preserve the rural traditions and character of the Town;
(2)
Permit the continuation of agricultural practices;
(3)
Protect the existence and operation of farms;
(4)
Encourage the initiation and expansion of farms and agribusinesses;
and
(5)
Promote new ways to resolve disputes concerning agricultural practices
and farm operations.
D.
In order to maintain a viable farming economy in the Town of Cato,
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.
As used in this article, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, the operation of farm equipment,
the proper use of agricultural chemicals and other crop production
methods, and the construction and use of farm structures and fences.
Those products as defined in Subdivision 2 of § 301
of Article 25-AA of the New York State Agriculture and Markets Law,
including but not limited to:
Field crops, including corn, wheat, rye, barley, hay, potatoes,
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk products, eggs, furs and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short-rotation woody crops, raised for bioenergy.
The production and sale of 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 the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the New York State Agriculture
and Markets Law.
As defined in Subdivision 11 of § 301 of the New
York State Agriculture and Markets Law.
A voluntary and consensual process in which farmers and others
involved in a dispute concerning agricultural practices or farm operations,
at their discretion and with the assistance of an impartial mediator,
jointly seek to resolve differences and reach agreements.
A person who has been certified as a mediator under the guidelines
of the New York State Unified Court System Community Dispute Resolution
Centers Program and is familiar with disputes involving agricultural
practices or farm operations, or a person who has equivalent qualifications
or certification.
A.
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 times and at all such locations as are reasonably
necessary to conduct the business of agriculture. For any agricultural
practices, 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, research
and improved technologies.
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 that 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 that does not constitute a threat to public
health and safety or cause injury to the health or safety of any person;
and
(6)
Conducted in a manner that does not reasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party 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 requires landholders and/or their agents and assigns to comply
with § 310 of Article 25-AA of the New York 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 disclosure notice
is to inform prospective residents that farming activities occur within
the Town. Such farming activities may include, but are not limited
to, activities that cause noise, dust and odors."
B.
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.
C.
In addition, this notice shall be included in building permits and
plats of subdivision submitted for approval pursuant to Town Law § 276.
A.
The legislative intent and purposes of this article shall be taken
into consideration by each Town officer and/or board in processing
any application requesting rezoning, site plan approval and/or special
use permit approval when the property that is the subject of such
application is located within one mile of an existing farm.
B.
Such Town officer and/or board shall, as part of its review of such
application, determine whether appropriate and reasonable conditions
may be prescribed or required, which conditions would further the
purposes and intent of this article, as part of an approval of the
application. Such appropriate and reasonable conditions shall be determined
on a case-by-case basis and may include, but are not limited to, requiring
declarations, deed restrictions and/or covenants that run with the
land, which would notify future purchasers and owners of the subject
property that owning and occupying such property might expose them
to certain discomforts or inconveniences resulting from the conditions
associated with agricultural practices and operations in the Town.
A.
Should any controversy arise regarding any inconveniences or discomforts
occasioned by agricultural operation, including but not limited to
noise, odors, fumes, dust, the operation of machinery, the storage
and disposal of manure, and the application by spraying or otherwise
of chemical fertilizers, soil amendments, herbicides and/or pesticides,
the parties shall be referred to the New York Agricultural Mediation
Program. If the dispute is not appropriate for mediation, or if the
parties are unable to reach an agreement, then the parties should
submit the controversy to the resolution 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 the Agricultural
Advisory Committee, whose decision shall be advisory only, within
45 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, unless the parties attempted mediation first. If
the parties attempted mediation, then the controversy may be submitted
to the Agricultural Advisory Committee within 30 days of the failure
of mediation.
C.
The effectiveness of the Agricultural Advisory Committee as a forum
for the resolution of grievances 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.
D.
The controversy shall be presented to the Committee by written request
of one of the parties within the time limits prescribed above. 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, must render a written decision
to the parties. At the time of the meeting, both parties shall have
an opportunity to present what each party considers to be the pertinent
facts.
E.
Any costs associated with the function of the Committee process shall
be borne by the participants.
This article and its provisions are in addition to all other
applicable laws, rules, and regulations.
