[HISTORY: Adopted by the Town Board of the Town of Royalton 3-19-1993 by L.L. No.
1-1993. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
A.
It is hereby found and declared by the Town Board of the Town of
Royalton that agricultural lands are irreplaceable assets. To that
end, the Town Board finds farming to be an essential activity within
the Town which greatly contributes to the economic viability of the
Town. Farming also reinforces the special quality of life enjoyed
by the Town's residents, provides the visual benefit of open space
and generates economic benefits and social well-being within the community.
Therefore, the Town Board emphasizes to both the Town's current residents
and prospective newcomers to the Town that it is the policy of this
Town 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.
B.
Furthermore, the Town Board hereby supports those farmers, as well
as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage
in the time-honored profession of farming. The Town Board hereby expresses
its support of the enactment by the State Legislature of Chapter 797
of the Laws of 1992 of the State of New York which, among other things,
added a new section to the Agriculture and Markets Law of the State
of New York by establishing for the first time a statutory right to
farm by prohibiting the commencement of private nuisance suits against
farmers who engage in sound agricultural practices.[1]
[1]
Editor's Note: See Agriculture and Markets Law § 308,
Right to farm.
C.
The Town Board, in an effort to promote and foster a harmonious relationship
between the residents of the Town and those who contemplate purchasing
land within the Town of Royalton, and to conserve, protect and encourage
the development and improvement of agricultural land for the production
of food and other products, hereby declares that it shall be the policy
of this Town to provide reasonable notice to prospective landowners
that farming activities may occur on neighboring lands.
A.
Upon the submission of a preliminary subdivision plat to the Planning
Board of the Town of Royalton, pursuant to Article 16 of the Town
Law of the State of New York, and the applicable subdivision regulations
of the Town, the applicant, in addition to any other requirements,
shall submit a separate statement to the Planning Board stating whether
the boundaries of the proposed subdivision are to be located partially,
wholly or within 500 feet of either an Agricultural District or land
for which an individual commitment has been received pursuant to § 305
or 306 of the Agriculture and Markets Law of the State of New York.
B.
Upon submission of any application for a building permit for a multifamily
residence, the applicant, in addition to any other requirements, shall
submit a statement to the Building Inspector stating whether any portion
of the proposed multifamily residential dwelling premises is to be
located partially, wholly or within 500 feet of either an Agricultural
District or land for which an individual commitment has been received
pursuant to § 305 or 306 of the Agriculture and Markets
Law of the State of New York.
Should any proposed subdivision or multifamily residence be
located partially, wholly or within 500 feet of either an Agricultural
District or land for which an individual commitment has been received
pursuant to § 305 or 306 of the Agriculture and Markets
Law of the State of New York, then the following notice shall appear
on the final subdivision plat or, in the case of a multifamily residential
dwelling, on the building permit:
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"It is the policy of this state and the Town of Royalton 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 ecological value. This notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly in, or within 500 feet of, either an Agricultural
District or land for which an individual commitment has been received
pursuant to § 305 or 306 of the Agriculture and Markets
Law of the State of New York, and that farming activities occur in
such district or land. Such farming activities may include, but not
be limited to, activities that cause noise, dust and odors."
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In addition to the requirements of § 71-3 of this chapter, it shall be required as a condition of final subdivision approval, or, in the case of a building permit for a multifamily residence as a condition of such issuance, that prior to the initial sale, purchase or exchange of any real property within any such subdivision or multifamily residence premises, the grantor shall also deliver to the prospective grantee a typewritten document containing the notice set forth in § 71-3. Further, grantor shall incorporate said notice in any deeds wherein title to any such property is to be initially conveyed to a grantee.
