[HISTORY: Adopted by the Town Board of the Town of Richmond
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2012 by L.L. No. 4-2012]
It is hereby declared by the Town Board of the Town of Richmond
that agricultural lands are irreplaceable assets. The Town Board recognizes
that farming is an essential enterprise and an important industry
which enhances the economic base, natural environment, and quality
of life in the Town of Richmond. The Town Board further declares that
it shall be the policy of this Town to encourage agriculture and foster
understanding by all residents of the necessary day-to-day operations
involved in farming so as to encourage cooperation with agricultural
land use. It is the general purpose and intent of this article to
maintain and preserve the rural heritage and character of the Town,
to permit the continuation of agricultural practices, to protect the
existence and profitable operation of established farms, and to encourage
the initiation and expansion of farms and agribusiness. In order to
maintain a viable farming economy in the Town of Richmond, it is necessary
to limit the circumstances under which farming may be deemed to be
a nuisance and to allow agricultural practices inherent to and necessary
for the business of farming to proceed and be undertaken free of unreasonable
and unwarranted interference or restriction.
As used in this article, the following terms shall have the
meanings indicated:
All necessary farming activities conducted in agricultural
production.
Those products as defined in § 301, Subdivision
2, Article 25-AA, of the New York States Agriculture and Markets Law,
including but not limited to:
Field crops, including grains and dry beans.
Fruits, including tree and vine fruits and berries.
Vegetable crops.
Horticultural specialties, including nursery stock, flowers,
and managed Christmas trees, both dug for transplant and cut from
the stump.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
Maple sap, syrup, and sugar products.
Woody crops raised for bioenergy.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, llamas, alpacas, farmed deer and
buffalo, fur-bearing animals, honeybees, meat, milk, eggs, furs, poultry,
and apiary products.
Aquaculture products, including fish, shellfish, and water plants.
Land used in agricultural production and farming practices
conducted on such land, farm structures, equipment, and residential
buildings, as defined in § 301, Subdivision 11, of the New
York State Agriculture and Markets Law.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in the business
of agriculture, including the cultivation of land, the raising of
crops, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4, § 301, Article 25-AA of the New York State Agriculture
and Markets Law.
Farmers, as well as those employed or otherwise authorized to
act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Richmond at any and all such times and at all such
locations as are reasonably necessary to carry on an agricultural
operation. In determining the reasonableness of the time, place, and
methodology of such operation, due weight and consideration shall
be given both to traditional customs and procedures in the agricultural
industry as well as to advances resulting from increased knowledge,
research, and improved technologies. Agricultural practices, conducted
in a manner consistent with management practices, such as those recommended
by agricultural educators and state and federal agencies, shall not
be or become a public or private nuisance. No person, group, entity,
association, partnership, or corporation shall engage in any conduct
or act in any manner as to unreasonably, intentionally, knowingly,
and/or deliberately interfere with, prevent, or in any way deter the
practice of farming within the Town of Richmond.
A.
To promote harmony between farmers and their neighbors, the Town
of Richmond requires land owners and their agents and assigns to comply
with § 310 of Article 25-AA of the New York State Agriculture
and Markets Law by providing 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 practices may include, but
not be limited to, activities that cause noise, dust, and odors."
B.
This notice shall be provided to prospective purchasers of property
with boundaries within 500 feet of a farm operation located in an
agricultural district certified by Article 25-AA, § 310,
of the New York State Agriculture and Markets Law. 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.
Enforcement of the Right-to-Farm Law will be according to applicable
guidance from the New York State Department of Agriculture and Markets.
If any part of this article is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this article.
This article and its provisions are in addition to all other
applicable laws, rules, and regulations.
