[HISTORY: Adopted by the Town Board of the Town of Alden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-7-2011 by L.L.
No. 1-2011 (Ch. 11A, Art. I, of the 1981 Code)]
A.Â
The Alden Town Board recognizes farming is an essential enterprise
and an important industry which enhances the economic base, natural
environment and quality of life in the Town of Alden. The Alden Town
Board further declares that it shall be the policy of the Town of
Alden to encourage agriculture and all related businesses and foster
understanding by all residents of the necessary day-to-day operations
involved in farming so as to encourage cooperation with those practices.
B.Â
It is the general purpose and intent of this article to maintain
and preserve the rural traditions and character of the Town of Alden
as recognized in the 2009 Town of Alden Comprehensive Plan (as the
same may from time to time be updated and amended); to preserve and
protect the continuation of sound agricultural practices; to preserve
and protect the existence and operation of farms and related businesses;
to encourage the initiation and expansion of farms and agri-businesses;
and to promote new ways to resolve disputes concerning agricultural
practices and farm operations. In order to maintain a viable farming
economy in the Town of Alden, it is necessary to limit the circumstances
under which farming may be deemed to be a nuisance, and to allow sound
agricultural practices inherent to and necessary for the business
of farming to proceed and be undertaken free of unreasonable and unwarranted
interference of restriction.
As used in this article, the following terms shall have the
meanings indicated:
Those products as defined in § 301(2) of the New
York State Agriculture and Markets Law, as the same may be amended.
Shall be defined in § 301(11) in the New York State
Agriculture and Markets Law, as the same may be amended, and shall
include all farming operations of any and all sizes or types.
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 for the production of agricultural commodities,
as defined above.
All those sound practices necessary for the on-farm production,
preparation and marketing of agricultural commodities and shall follow
the guidelines issued by the New York State Commissioner of Agriculture
and Markets. Examples of such practices include, but are not limited
to, operation of all farm equipment and machinery; proper use of agricultural
chemicals, crop rotation and other crop production methods; and construction
of and use of farm structures, such as barns, buildings, sheds or
pens, or corrals, and any and all equipment to move, carry, haul,
distribute or spread manures/fertilizers/chemicals in liquid or any
other state.
A.Â
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices,
as described above, within the Town of Alden at all 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, research and improved technologies.
B.Â
Agricultural practices conducted on farmland 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 conformity with all local, state, and federal laws and
regulations;
(5)Â
Conducted in a manner in 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 damages for bodily injury or wrongful death
or property damage due to a failure to follow sound agricultural practices.
A.Â
Should any dispute arise regarding any perceived inconveniences or
discomfort occasioned by agricultural operations which cannot be settled
by direct negotiation between the parties involved, either party may
submit the dispute, following the procedure described below, to the
Town of Alden in an attempt to resolve the dispute prior to the filing
of any court action and prior to a request for a determination by
the Commission of Agriculture and Markets about whether the farming
practice in question is sound pursuant to § 308 of the New
York State Agriculture and Markets Law.
B.Â
A Right-to-Farm Dispute Resolution Committee shall be appointed annually
by the Town Board, and shall be composed of three members selected
by the Town Board, and shall include one representative from the farm
community (and an alternate in the event that the dispute involves
the member of the farm community appointed to the Right-to-Farm Dispute
Resolution Committee); one person from Town of Alden Town Board or
the Town of Alden Planning Board; and the Town of Alden Code Enforcement
Officer.
C.Â
Any dispute between the parties shall be submitted in writing to
the Town of Alden Code Enforcement Officer within 30 days of the last
date of occurrence of the particular activity giving rise to the dispute
or the date the party became aware of the occurrence.
D.Â
The Right-to-Farm Dispute Resolution Committee may investigate the
facts of the dispute but must, within 25 days, hold a meeting at the
Town Hall to consider the merits of the dispute.
E.Â
At the time of the meeting, both parties shall have an opportunity
to present their side of the dispute, without interruption. The Right-to-Farm
Dispute Resolution Committee shall ask questions of the parties as
the Committee deems necessary. The effectiveness of the Right-to-Farm
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 dispute.
F.Â
Within five days of the meeting, the Right-to-Farm Dispute Resolution
Committee shall render a written opinion which shall be filed with
the Town Clerk and mailed to the parties via first class mail.
