[HISTORY: Adopted by the Town Board of the Town of Rush as
indicated in article histories. Amendments noted where applicable.]
[Adopted 6-26-2013 by L.L. No. 2-2013]
A.
Farming is important to the Town of Rush as it reinforces the quality
of life enjoyed by its citizens, provides employment for agriservices,
provides locally produced fresh commodities, promotes economic stability,
maintains open space, promotes environmental quality, and does not
increase the demand for services provided by local government.
B.
In order to maintain a viable farming economy in the Town of Rush,
farmers must be afforded protection allowing them the right to farm.
Therefore, the Town of Rush emphasizes to newcomers that this Town
encourages its agriculture and requests newcomers to be understanding
of the necessary day-to-day operations involving agribusinesses.
C.
In order to address the unique circumstances facing agriculture in
the Town of Rush, it is necessary to provide for more comprehensive
local right to farm protection as provided in this article.
D.
It is the general purpose and intent of this article to maintain
and preserve the rural tradition and character of the Town of Rush,
to permit the continuation of agricultural practices, to protect the
existence and operation of farms, and to encourage the initiation
and expansion of farms and agricultural businesses.
E.
For the purpose of reducing future conflicts between farmers and
nonfarmers, it is necessary for notice to be given to its neighbors
about the nature of agricultural practices.
As used in this article, the following terms shall have the
meanings indicated:
Includes all farming activities conducted, necessary to the
operation of the agricultural operation.
Includes, but is not limited to, livestock, dairy, poultry,
furbearing animals, aquaculture, fruit, vegetable and field crop farms,
plantations, orchards, nurseries, greenhouses, or other similar operations
used primarily for raising of agricultural or horticultural commodities.
Any parcel of land that is used for the production for sale
of agricultural products to include, but not limited to, livestock,
dairy, poultry, furbearing animals, aquaculture, beekeeping, fruit,
vegetable and field crop farms, plantations, orchards, nurseries,
greenhouses, or other similar operations used primarily for raising
of agricultural or horticultural commodities, and has an average annual
gross income of $10,000 or more. Any such farm may include a dwelling
and accessory buildings, structures, and equipment necessary for the
operation of the farm.
[Added 1-11-2023 by L.L. No. 1-2023]
Any parcel of land that is used for the production for sale
of agricultural products to include, but not limited to, livestock,
dairy, poultry, furbearing animals, aquaculture, beekeeping, fruit,
vegetable and field crop farms, plantations, orchards, nurseries,
greenhouses, or other similar operations to be used privately or sold
and has an average annual gross income of less than $10,000. Any such
farm may include a dwelling and accessory buildings, structures, and
equipment necessary for the operation of the farm.
[Added 1-11-2023 by L.L. No. 1-2023]
A.
On any land which may be lawfully used for agricultural purposes
in the Town of Rush, whether or not it is located in an agricultural
district, an agricultural practice shall not constitute a public or
private nuisance, provided such agricultural practice constitutes
a sound agricultural practice pursuant to an opinion issued upon request
by the New York State Agriculture and Markets Law.
B.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in commercial and
noncommercial farm practices within the Town of Rush at any and all
such times and all such locations as are reasonably necessary to conduct
the business of farming. For any activity or operation, in determining
the reasonableness of the time, place and methodology of such operation,
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.
[Amended 1-11-2023 by L.L. No. 1-2023]
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death.
A.
Should a controversy arise regarding an inconvenience or discomfort
occasioned by agricultural practices, 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/or pesticides, which cannot be settled
by direct negotiation between the parties involved, the parties will
submit the controversy to the Town of Rush Code Enforcement Officer
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 a determination
by the Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25AA of
the State Agriculture and Markets Law.
B.
Controversy between the parties may be submitted to the Code Enforcement
Officer whose decision shall be advisory only, within 15 days of the
last date of the occurrence of the particular activity giving rise
to the controversy or the date the party became aware of the occurrence.
C.
The effectiveness of the Code Enforcement Officer as a forum for
the 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.
D.
The controversy shall be presented to the Code Enforcement Officer
by written consent of one of the parties within the time specified
herein. Thereafter, the Code Enforcement Officer will investigate
the facts of the controversy, but must, within 30 days, hold a meeting
with both parties to consider the merits of the matter, and within
10 days after meeting with both parties, the Code Enforcement Officer
will render a written decision to the parties. At the time of the
initial meeting, both parties shall have an opportunity to present
what each considers to be pertinent facts. The time limits provided
in this subsection for action by the Code Enforcement Officer may
be extended upon the written stipulation of all parties in the dispute.
E.
Any reasonable costs associated with the functioning of the Code
Enforcement Officer process shall be borne by the participants.
F.
The decision of the Code Enforcement Officer shall not be binding. If one of the parties is not satisfied with the Code Enforcement Officer's decision, the matter shall 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 consent of one of the parties.
(2)
The Town Board shall review the controversy with a report submitted
from the proceedings of the Code Enforcement Officer. Within 30 days
of the written request, the Town Board shall render a written decision
to the parties.
If any provision of this article shall be adjudged by any court
of competent jurisdiction to be invalid, such adjudication shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the particular provision directly involved in
the controversy in which such judgment shall have been rendered.
To the extent that any law, ordinance, rule or regulation, or
parts thereof, are in conflict with the provisions of this article
(including all provisions of the Code concerning subdivision or site
plan applications, and applications to the Zoning Board of Appeals),
this article shall control.
This article shall take effect immediately upon filing with
the Secretary of State in accordance with the New York Municipal Home
Rule Law.
