[HISTORY: Adopted by the Town Board of the Town of Walton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-10-1991 by L.L. No. 2-1991]
By adoption of this article, the Town Board of the Town of Walton
declares its intent to maintain the desirable rural character of the
Town of Walton; to permit the continuation of the business of farming
as it is now carried out throughout the Town of Walton, including
the various agricultural districts within the Town; and to retain
the existence of farms within the Town in view of the substantial
contribution to the tax base now provided by said farms and farm properties.
The Town Board of the Town of Walton further recognizes that there
exist certain farming practices which must be permitted to be carried
on to the furtherance of the business of farming and which can go
on within the Town of Walton without interfering with the use and
enjoyment of land not now devoted to the business of farming.
An used herein, the following terms shall mean:
Any person, organization, entity, association, partnership,
or corporation engaged in the business of agriculture, whether for
profit or otherwise, including the cultivation of land, raising of
crops, and the raising of livestock.
Any activity now permitted by law engaged in by a farmer
as defined herein in connection with and in furtherance of the business
of farming, and shall include but shall not be limited to the collection,
transportation, distribution and storage of animal waste; storage,
transportation and use of equipment for tillage, planting, and harvesting;
transportation, storage and use of legally permitted fertilizers,
lime and pesticides, all in accordance with manufacturer's instructions
and warnings; and construction of farm structures and facilities as
permitted by local and state building code regulation, including construction
and maintenance of fences.
It is resolved by the Town Board of the Town of Walton that
farmers may lawfully engage in farming practices within the Town of
Walton at such times, and at such locations, as are necessary to conduct
the business of farming and that no person, entity, association, partnership,
or corporation shall engage in any act to prevent or deter such conduct
as is approved herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
In order
to promote harmony between farmers and their neighbors, the Town requires
landholders and/or their agents and assigns to comply with § 310
of Article 25-AA of the Agriculture and Markets Law; therefore, when
any purchase and sale contract is presented for the sale, purchase
or exchange of real property located partially or wholly within an
agricultural district, the prospective grantor shall present to the
prospective grantee a disclosure notice which states the following:
"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 disclosure 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 activities
may include, but not be limited to, activities that cause noise, dust
and odors. Prospective residents are also informed that the location
of property within an agricultural district may impact the ability
to access water and/or sewer services for such property under certain
circumstances. Prospective purchasers are urged to contact the New
York State Department of Agriculture and Markets to obtain additional
information or clarification regarding their rights and obligations
under Article 25-AA of the Agriculture and Markets Law."
B.
A copy
of this notice shall be included as an addendum to the purchase and
sale contract at the time an offer to purchase is made.
C.
Such disclosure
notice shall be signed by the prospective grantor and grantee prior
to the sale, purchase or exchange of such real property.
D.
Receipt
of such disclosure notice shall be recorded on a property transfer
report form prescribed by the Commissioner of Taxation and Finance,
as provided for in § 333 of the Real Property Law.
E.
In addition,
this notice shall be included in building permits, on plats of subdivision
submitted for approval pursuant to Town Law § 276, and on
site plan projects.
If any provision, paragraph, or section of this article shall
be adjudged invalid or unconstitutional, the same shall not affect
the validity of this article in whole, or any part thereof, not so
found to be invalid. This article shall be construed, wherever possible,
to comply with any and all existing laws, constitutions, rules, and
regulations applicable to the subject matter hereof.
This article shall take effect immediately upon filing with
the New York State Secretary of State's Office.
