[HISTORY: Adopted by the Town Board of the Town of Chili
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-12-2017 by L.L. No. 2-2017]
This article shall hereinafter be known and cited as the "Right
to Farm Law of the Town of Chili, New York."
A.
Intent. The Chili Town Board finds and hereby declares and determines
that agriculture is vital to the quality of life in the Town of Chili,
New York. Agriculture serves as a livelihood to our farmers, provides
employment for our residents, and provides economic benefits to landowners
from the renting or leasing of their farmland, while it contributes
to the social and economic base of the community. In addition, agricultural
operations provide fresh quality produce, while limiting the demand
for services provided by local governments when compared to other
land uses. In order to maintain a viable agricultural economy in the
Town, it is the intent of these regulations to afford farmers and
landowners renting to farmers protection allowing them the right to
conduct agricultural practices and to operate upon farmland located
within the established agricultural areas in the Town with minimal
controversy from nonagricultural landowners and neighboring nonagricultural
land uses. When nonagricultural land uses extend into established
agricultural areas, agricultural operations often become the subject
of nuisance lawsuits. As a result of such lawsuits, agricultural operations
are sometimes forced to cease, or local farmers and landowners are
discouraged from making investments in the agricultural sector.
B.
Purpose. It is hereby the declared purpose of this article to advance
the vision, goals and policies articulated in the adopted Town of
Chili Agriculture and Farmland Protection Plan, which is a part of
the adopted Town of Chili 2030 Comprehensive Plan.
C.
Objectives. It is hereby declared that the following objectives are
intended by the enactment of this article:
(1)
To maintain and preserve, to the extent practical, the established
agricultural areas of the Town;
(2)
To permit the continuation of agricultural practices upon farmland
within the established agricultural areas of the Town;
(3)
To protect the Town's natural resource base, and agricultural
soils to the greatest extent practical;
(4)
To protect the existence and promote the operation of farms within
established agricultural areas of the community;
(5)
To encourage the expansion of farming and land used in agricultural
production, including uses attendant to agricultural uses in accordance
with the New York State Agriculture and Markets Law.
(6)
To promote resolution of issues between landowner(s) and operators
concerning agricultural practices and farm operations;
(7)
To promote education among Town residents about the importance of
agricultural resources; and
(8)
To promote the economic and social contributions of this sector of
our community.
The following terms, used in the article of the Town Code, shall
have the following definitions:
The preservation, conservation, management or improvement
of lands which are part of farming operations, for the purpose of
encouraging such lands to remain in agricultural production.
The form required to be completed, in accordance with the
provisions of § 283-a of the New York State Town Law, and
made part of any development application occurring within the boundaries
of the Town of Chili Strategic Farmland Protection Area, within the
boundaries of an established Monroe County Agricultural Use District,
or within 500 linear feet of property that is being actively farmed
that is located within either of these two areas.
The rules and regulations contained within the various articles
and sections of the New York State Agriculture and Markets Law, including,
but not limited to, Articles 25-AA, 25-AAA and 25-aaaa.
Activities conducted by a farmer on land, that is either
owned or rented, to produce agricultural products and which are inherent
and necessary to the operation of a farm and the on-farm production,
processing, and marketing of agricultural products, including, but
not limited to, the collection, transportation, distribution, storage,
and land application of animal wastes; storage, transportation, and
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 manufacturers' instructions
and warnings; storage, use, and application of animal feed and foodstuffs;
and 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 by local and
state building codes and regulations, including the construction and
maintenances of fences.
Those products as defined in § 301, Subdivision
2, 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, but not limited to, apples, peaches, grapes,
cherries and berries.
Vegetables, including, but not limited to, 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, farmed deer, farmed buffalo, fur bearing animals,
milk, eggs and furs.
Maple sap.
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.
Activities, including the production of maple sap and pure
maple products made therefrom, conducted by a farmer on-farm for the
enjoyment and/or education of the public, which primarily promote
the sale, marketing, production, harvesting or use of the products
of the farm and enhance the public's understanding and awareness
of farming and farm life.
Lands located within either:
A.
The Monroe County Agricultural Use District; or
B.
FARMER
FARMING
FARMLAND
FARM OPERATION
GENERAL AGRICULTURAL OPERATIONS
LAND USED IN AGRICULTURAL PRODUCTION
MONROE COUNTY AGRICULTURAL USE DISTRICT
STRATEGIC FARMLAND PROTECTION AREA
The Active Farmland, Farmland Protection Areas as delineated on the
Town of Chili Agricultural and Farmland Protection Plan Map, dated
May 30, 2013, as may be amended from time to time by the Town Board.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in agricultural
practices, whether for profit or otherwise.
The act of engaging in agricultural practices on farmland,
as defined herein.
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.
Any person, organization, entity, association, partnership
or corporation engaged in farming, whether for profit or otherwise.
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" herein.
Shall include land which is first defined in § 301
of Article 25-AA of the New York State Agriculture and Markets Law,
as may be amended from time to time.
The defined area of land, including the list of Tax Map parcels,
as comprising an established county agricultural use district and
as certified by the State Commissioner of Agriculture and Markets,
for the defined eight-year period, in accordance with the provisions
contained in Article 25-AA of the New York State Agriculture and Markets
Law.
That delineated area in southern Chili as shown on the map
entitled "Town of Chili Agricultural and Farmland Protection Plan,
Active Farmland, Farmland Protection Area and Town Zoning," dated
May 30, 2013, a part of the adopted "Town of Chili Agricultural and
Farmland Protection Plan," as may be amended from time to time.
A.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may engage in agricultural practices
within established agricultural areas in the Town of Chili at all
such times 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/or 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 to the particular farm or farm operation;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with sound 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.
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.
A.
Should any controversy arise regarding any inconvenience or discomfort
occasioned by agricultural operations which cannot be settled by direct
negotiations between the parties involved, either party shall submit,
in writing, the controversy and any documentation in support of the
issue to the Building Department Manager or his/her designee.
B.
Any controversy between the parties shall be submitted to the Town
Building Department Manager 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.
C.
The controversy shall be presented to the Building Department Manager
or his/her designee by written request of one of the parties within
the time limits specified. Thereafter, the Building Department Manager
may investigate the facts of the controversy but must, within 30 days,
render a written decision to the parties.
D.
The decision by the Building Department Manager shall be based upon the objectives set forth in § 265-2 of this article and provide a documented rationale as to how such decision is made.
E.
All decisions shall be filed with the Town Clerk's office and
made available for public review upon demand.
A.
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 to provide notice to prospective purchasers and
occupants as follows: "It is the policy of the State of New York and
the Town of Chili 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 farming activities
occur within the Town. Such farming activities may include, but not
be limited to, activities that cause noise, dust, smoke and odor."
B.
A copy of this notice shall be included as an addendum to the purchase
and sale contract of any parcel of land located within the established
Monroe County Agricultural Use District and/or land located within
the delineated Strategic Farmland Protection Area, at the time an
offer to purchase is made.
C.
In addition, this notice shall be included in building permits and
on plats of subdivision submitted for approval pursuant to New York
State Town Law § 276.
