[HISTORY: Adopted by the Town Board of the Town of Sardinia
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-12-2007 by L.L. No. 3-2007]
This article shall be known and cited as "A Local Law of the
Town of Sardinia Establishing the Right-to-Farm Legislation."
A.
The Sardinia Town Board finds, declares, and determines that agriculture
is vital to the Town of Sardinia, New York, because it is a livelihood
and provides employment for agriservice; provides locally produced
fresh commodities; agricultural diversity promotes economic stability;
agriculture maintains open space and promotes environmental quality;
and agricultural land does not increase the demand for services provided
by local governments. In order to maintain a viable farming economy
in the Town of Sardinia, farmers must be afforded protection, allowing
them the right to farm. When nonagricultural land uses extend into
agricultural areas, agricultural operations may become the subject
of nuisance suits. As a result, agricultural operations are sometimes
forced to cease operation or are discouraged from making investments
in agricultural improvements.
B.
It is the purpose of this article to reduce the loss to the Town
of Sardinia of its agricultural resources by limiting the circumstances
under which farming may be deemed 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.
A.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
RESOLUTION COMMITTEE
As used in this article, the following terms shall have the meanings
indicated:
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, 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; 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 maintenance of fences.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the Agriculture and Markets Law.
The land, buildings, and machinery used in the production,
whether for profit or otherwise, of agricultural products.
Any person, organization, entity, association, partnership,
or corporation engaged in the business of agriculture, for profit
or otherwise, including the cultivation of land, the raising of crops,
or the raising of livestock, poultry, fur-bearing animals, or fish,
the harvesting of timber, or the practicing of horticulture or apiculture.
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 § 61-2A entitled "agricultural practices."
Shall be made up of the Chairman of the Planning Board or
designee, and a member of one other standing committee of the Town
designated by the Supervisor.
B.
Unless specifically defined, the above words or phrases used in this
article shall be interpreted so as to give them meanings they have
in common usage, and to give this article its most reasonable application.
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 Sardinia at all such times and in all such locations
as are reasonably necessary to conduct the business of agriculture.
For any agriculture 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 or private nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation.
(2)
Conducted in a manner which 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 and safety of any person;
and
(6)
Conducted in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article should be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to failure to follow sound agricultural practices, as set forth
in this section.