[HISTORY: Adopted by the Albany County Legislature 6-26-2007 by L.L. No. 3-2007. Amendments noted where applicable.]
A.
The Albany County Legislature hereby recognizes that small and large
farms are an integral component of the County's economic base; productive
agricultural soil is an irreplaceable asset; and agriculture contributes
to the economic diversity, environmental quality and overall quality
of life in Albany County. Through this chapter, this Legislature also
declares that it is the policy of Albany County to promote effective
communication between farm and non-farm neighbors, resulting in a
shared understanding of the value of the agricultural enterprises
to Albany County and the necessary day-to-day operations involved
in farming.
B.
It is the general purpose and intent of this chapter to maintain
and preserve the agricultural traditions of Albany County; to permit
the continuation of sound agricultural practices necessary for the
operation of farms; to encourage the initiation and expansion of farms
and agribusinesses where it is compatible with existing land use regulations;
and to promote effective and efficient means to resolve disputes which
may arise concerning agricultural practices and farm operations.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board formally appointed by the Albany County Legislature
according to Article 25-AA, § 302, of the NYS Agriculture
and Markets Law.
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, nutrient
management, proper use of agricultural chemicals and other crop protection
methods, and construction and use of farm structures and fences.
Those products including, but not limited to:
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural crops, including nursery stock, ornamental shrubs,
ornamental trees, flowers and sod.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
Maple sap and maple syrup.
Christmas trees derived from a managed tree operation, whether
dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Woody biomass, which means short-rotation woody crops raised
for bioenergy and shall not include farm woodland.
Apiary products, including but not limited to honey, royal jelly,
pollen, beeswax and propolis.
Compost products.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products,
including a "commercial horse boarding operation" as a commercial
enterprise, with $2,000 or more in annual gross sales.
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.
Any single or multiple, contiguous or noncontiguous parcel
or parcels that are being used for agricultural farm operations or
upon which agricultural practices are being utilized or upon which
agricultural farm operations or agricultural practices may be established
or utilized in the future.
Farmers, and those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within this County at all times and at all such locations as are reasonable
and 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 improved
technologies and whether the practice is reasonable and necessary,
conducted in accordance with generally accepted agricultural practices
and not a threat to public health.
Agricultural practices conducted on farmland shall not be found
to be a public or private nuisance if such agricultural practices
are:
A.
Reasonable and necessary to the particular farm or farm operation.
B.
Conducted in a manner which is not negligent or reckless.
C.
Conducted in conformity with generally accepted and sound agricultural
practices.
D.
Conducted in conformity with all local, state and federal laws and
regulations.
E.
Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to the health or safety of any person.
F.
Conducted in a manner which does not obstruct the free passage or
use of navigable waters or public roadways.
A.
When any purchase and sales contract is presented for the sale, purchase
or exchange of real property located in Albany County partially or
wholly within an agricultural district established pursuant to the
provisions of Agriculture and Markets Law Article 25-AA, § 310,
or within 500 feet of an agricultural district, the prospective grantor
shall present to the prospective grantee a disclosure notice which
states the following: "It is the policy of Albany County 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 buyers that the property they are about to acquire lies
partially or wholly within an Agricultural District or within 500
feet of an Agricultural District and that farming activities occur
within the area. Such farming activities may include, but not be limited
to, activities that cause noise, dust and odors. Prospective buyers
are also informed that the location of property may impact the ability
to access water and/or sewer services for such property under certain
circumstances."
B.
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. Receipt of such disclosure notice shall
be recorded on a property transfer report prescribed by the Commissioner
of Taxation and Finance as provided for in Real Property Law § 333.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
In order to maintain a viable farming economy in Albany County, 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.
B.
This process is intended to resolve disputes between farmers and
non-farming neighbors through a mutual understanding of each other's
needs, concerns and desires so that both parties are afforded due
property rights.
(1)
Should any dispute arise regarding an agricultural operation or agricultural
practice which cannot be settled by direct negotiation between parties
involved, either party may submit the controversy to a dispute resolution
committee as set forth below in an attempt to resolve the matter prior
to the filing of any court action and prior to a request for a determination
by the Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25-AA
of the State Agriculture and Markets Law.
(2)
Any controversy between parties shall be submitted to the committee
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.
(3)
The committee shall be composed of three members: the Chair of the
County Agricultural and Farmland Protection Board or a designee, the
Supervisor from the local government in which the dispute arose or
a designee, and a Cornell Cooperative Extension Agricultural Agent.
In the case that a member of the committee must recuse himself/herself
due to a conflict of interest, the Chair of the Agricultural and Farmland
Protection Board shall appoint an alternate.
(4)
The effectiveness of the 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 controversy.
(5)
The controversy shall be presented to the committee by written request
of one of the parties within the time limits specified. Thereafter,
the committee may investigate the facts of the controversy but must,
within 25 days, hold a meeting at a mutually agreed upon place and
time to consider the merits of the matter and within five days of
the meeting render a written decision to the parties. At the time
of the meeting, both parties shall have an opportunity to present
what each considers to be pertinent facts. The time limits provided
in this subsection for action by the committee may be extended upon
the written stipulation of all parties in the dispute.
(6)
Parties bringing a complaint to the committee for settlement or resolution
may not involve legal counsel in the meeting.
(7)
Parties requesting mediation shall stipulate, in writing, that the
statements made in mediation shall be deemed to be in the nature of
settlement discussions, and that such statement, and any agreement
reached in mediation shall not be used for evidentiary purposes in
any other action or proceeding.
(8)
Any reasonable costs associated with the functioning of the dispute
resolution committee process shall be borne by the participants.
(9)
Records of the dispute resolution committee shall be maintained by
the Albany County Agricultural and Farmland Protection Board.
This chapter and its provisions are in addition to all other
applicable laws, rules and regulations.
