[HISTORY: Adopted by the Town Board of the Town of Jerusalem as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
[Adopted 6-19-2013 by L.L. No. 2-2013]
A. 
With this article, the Town of Jerusalem reaffirms the agricultural and open space goal set forth in the Town's Comprehensive Plan which states that the Town of Jerusalem will strive to maintain the viability of agriculture within the community as an integral part of the local economy and an important land use activity to sustain future generations. In pursuit of this goal, the Town Board makes it the policy of the Town of Jerusalem to encourage an environment supportive of agricultural operations and to discourage conflicts that can result from nonfarmers living in close proximity to active agricultural operations.
B. 
It is the general purpose and intent of this article to encourage farming and agricultural commerce as a means to protect rural character and open space, to ensure that agriculture continues as the primary economic activity in the community, to treat farming as a business and as the primary land use in the community, to encourage a supportive business climate for agricultural commerce, to provide special support to those Jerusalem farmers who choose to engage in the practice of sustainable agriculture, and to discourage fragmentation of currently active and potentially active farmland for other land uses.
C. 
Further, the Town finds that when nonagricultural land uses extend into agricultural areas, agricultural operations may become the subject of nuisance suits or legal actions restricting agricultural operations. As a result agricultural operations are sometimes curtailed. Investments in farm improvements may be discouraged. In addition to the aforementioned general purpose, it is the intent of this article to establish an Agricultural Advisory Committee. The purpose of this article is to recognize the importance of agriculture as both a vital local economic base and as a landform that provides the Town of Jerusalem with much of its rural land, rustic character and charm. The Agricultural Advisory Committee will set up a structure for which complaints, questions and comments about current and future farming practices can be handled in a timely and professional manner; to aid the Town Board in keeping abreast on current and future farming practices; establish a cooperative relationship between all different types of farms and Town government; to give the non-farm community comfort that their concerns and questions can be handled without unnecessary alarm; and to reaffirm that the Town of Jerusalem supports agriculture.
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL CORPORATION
Any 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.
AGRICULTURAL PARCEL
Those parcels that the Town Assessor has identified with a property class code in the 100's or 241. Such farm operation may consist of one or more parcels of owned or rented land; such parcels may be contiguous or noncontiguous to each other.
AGRICULTURAL PRACTICES
All activities conducted by a farmer on a farm to produce agricultural products and which are inherent and necessary to the operation of a farm and the on-farm production, preparation, and marketing of agricultural products, application of animal wastes; storage, transportation, and proper and legal use of equipment for tillage, planting, harvesting, irrigation, fertilization and pesticide application; storage and use of legally permitted fertilizers, limes, and pesticides all in accordance with local, state and federal law and regulations and in accordance with manufacturer's instructions and warnings; storage, use and application of animal feed and foodstuffs, construction and use of farm structures and facilities for the storage of animal wastes, farm equipment, pesticides, fertilizers, agricultural products and livestock, for the sale of agricultural products, and for the use of farm labor, as permitted.
AGRICULTURAL PRODUCTS
Those products as defined in § 301(2) of Article 25-AA of the State Agriculture and Markets Law, including but not limited to:
A. 
Field crops, including corn, wheat, rye, barley, hay, potatoes, beans, and hops.
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.
F. 
Maple sap.
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 Subsection J, "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.
FARM
The land, buildings, farm residential buildings, and machinery used in the production of agricultural products.
FARMER
Any person engaged in the business of agriculture whether for profit or not.
FARMLAND
Land used in agricultural production, as defined in Subdivision 4 of § 301 of Article 25-AA of the State Agriculture and Markets Law.
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
Those practices which are feasible, lawful, inherent, customary, necessary, reasonable, normal, safe, and typical to the industry or unique to the commodity as they pertain to the practices listed in the definition of agricultural practices and do not harm human health.
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 Jerusalem at all such 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 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. 
Agricultural practices conducted on farmland shall not be found to be a public 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 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 health or safety of any person.
(6) 
Conduced in a manner which does not unreasonably obstruct the free passage or use of navigable waters or public roadways.
(7) 
Conducted in a manner which does not degrade water quality.
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.
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 which is the subject of such application is located within 500 feet of an existing farm. Such Town officer and/or board shall give to the parties to the application the same notice as is set forth in § 82-7 of this article and obtain a written acknowledgement of receipt for it.
A. 
The Agricultural Advisory Committee (hereinafter "Committee") shall be composed of five members appointed by the Town Board as follows:
(1) 
Four residents of the Town of Jerusalem from the agricultural community, including, but not limited to, representatives from the crop production and dairy segments, livestock, field crops, greenhouse/vegetable, and vineyard. The members shall recommend a chairperson for appointment by the Town Board.
(2) 
One member of the Town Board shall serve as an ex-officio member.
B. 
The four community members appointed to the Committee shall serve for four-year terms. Upon initial formation one member shall be appointed for one year, one member shall be appointed for two years, one member shall be appointed for three years, and one member shall be appointed for a four-year term. The Town Board member shall serve and be appointed for a one-year term. Each year thereafter reappointments or new appointments will be for a four-year term. Reappointments or new appointments shall be recommended by the Advisory Committee. Terms shall be from January first through December 31st. Members shall serve without salary.
A. 
The Agricultural Advisory Committee (hereinafter "Committee") shall:
(1) 
Meet annually or biannually to discuss any issues pertaining to farming in the Town that might be of concern in the Town. These annual reviews and recommendations shall focus on zoning, planning activities and other actions within the county agricultural districts and the Town agricultural zones.
(2) 
Report annually to the Town Board, with copies of the report being forwarded to the Yates County Farmland Protection Board, Yates County Farm Bureau and possibly in the future other towns with agricultural advisory committees.
(3) 
Advise the Town Board and the County Agricultural and Farmland Protection Board in relation to the proposed establishment, modification, continuation or termination of any county agricultural district. The board shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area.
(4) 
Review county, state and federal legislation affecting agricultural issues and communicate the effect to the appropriate board and/or the Town Board.
(5) 
Serve as a vehicle for communication between the agricultural community, the Town and/or the County Agricultural Farmland and Protection Board.
(6) 
Submit to the Town Board an annual summary of the activities of the Agricultural Advisory Committee.
B. 
Whenever a proposed zoning, policy change or development (major residential, business or industrial) affecting Town agricultural zoning districts is presented to the Town Board within or contiguous to a county agricultural district or Town agricultural zones it shall be referred to the Agricultural Advisory Committee for review. The Agricultural Advisory Committee shall have 30 days to respond with a recommendation(s) for the action(s). The board shall present advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area. This recommendation(s) shall include a determination as to whether the proposed action(s) will have an unreasonable adverse effect on the continuing viability of a farm enterprise or enterprises within the county or Town agricultural districts. This recommendation(s) shall be advisory only.
C. 
If any controversy arises regarding any inconveniences or discomfort occasioned by agricultural operations, 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 Agricultural Advisory Committee. If the dispute is not appropriate for the committee, or if the parties are unable to reach an agreement, then the parties should submit the controversy for determination by the New York State Agricultural Mediation Program in an attempt to resolve the matter prior to the filing of any court action.
(1) 
If controversy arises between the parties, the Advisory Committee shall establish a Dispute Resolution Committee within 30 days of the last date of occurrence of the particular activity giving rise to the controversy or the date the party became aware of the occurrence.
(2) 
The Dispute Resolution Committee shall be composed of three members from the Town selected by the Town Board, as the need arises, including one representative from the Agricultural Advisory Committee, one person from Town government and one person mutually agreed upon by both parties involved in the dispute. (Suggest someone from Cornell with expertise in the field of the dispute may also be present.)
(3) 
The effectiveness of the (Dispute Resolution) Committee 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.
(4) 
The controversy shall be presented to the Dispute Resolution Committee by written request of one of the parties within the time limits specified. Thereafter, the Committee may investigate the facts of the controversy but must, within 25 days, hold a meeting at a mutually agreed place and time to consider the merits of the matter and within five 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. No party bringing a complaint to the Committee for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the Committee may be extended upon the written stipulation of all parties in the dispute.
(5) 
The committee shall have no authority to incur any expense without permission from both parties. No expense will be paid by the Town of Jerusalem.
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 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 notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors." This notice shall be provided to prospective purchasers of property within an agricultural district or on property with boundaries within 500 feet of a farm operation located in an agricultural district. 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.