[HISTORY: Adopted by the Town Board of the Town of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-7-2012 by L.L. No. 2-2012 (Ch. 19, Art. I, of
the 1966 Codification)]
A.
The Board recognizes that farming
is an essential enterprise and an important industry which enhances
the economic base, natural environment and quality of life in Lancaster.
Therefore, the Town Board of Lancaster finds and declares that this
Town encourages its agriculture and urges understanding of and cooperation
with the necessary day-to-day operations involved in farming.
B.
It is the general purpose and
intent of this article to maintain and preserve the rural traditions
and character of the Town, to permit the continuation of agricultural
practices, to protect the existence and operation of farms, to encourage
the initiation and expansion of farms and agribusinesses, and to promote
new ways to resolve disputes concerning agricultural practices and
farm operations. In order to maintain a viable farming economy in
Lancaster it is necessary to limit the circumstances under which farming
may be deemed to be a nuisance and 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:
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, proper
use of agricultural chemicals and other crop protection methods, and
construction and use of farm structures and fences.
Those products as defined in § 301(2) of Article 25-AA
of the State Agriculture and Markets Law, including but not limited
to:
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Maple sap.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Woody biomass, which means short-rotation woody crops raised
for bioenergy, and shall not include farm woodland.
For purposes of this article, agricultural products do not include,
and this article does not extend to:
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.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
As defined in § 301(11) in the State Agriculture
and Markets Law.
Land used for production and sale of woodland products, including
but not limited to logs, lumber, posts and firewood.
A.
Farmers, as well as those employed,
retained, or otherwise authorized to act on behalf of farmers, may
lawfully engage in agricultural practices within this Town at all
such times and at all such locations 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 construction 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 and 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; and
(6)
Conducted in manner which
does not unreasonably obstruct the free passage or use of navigable
waters or public roadways.
C.
Nothing in this article shall
be construed to prohibit an aggrieved party from recovering from damages
for bodily injury or wrongful death due to a failure to follow sound
agricultural practices, as outlined in this section.
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 provide 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 farming
activities occur within the Town. Such farming activities may include,
but are not limited to, activities that cause noise, dust, smoke,
and odors."
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.
In addition, this notice shall
be included in building permits and on plats of subdivision submitted
for approval pursuant to Town Law § 276.
A.
Should any controversy arise regarding
any inconveniences or discomfort occasioned by agricultural operations
which cannot be settled by direct negotiation between the 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.
B.
Any controversy between the parties
shall be submitted to the Committee within 30 days of the last date
if occurrence of the particular activity giving rise to the controversy
or the date the party became aware of the occurrence.
C.
The Committee shall be composed
of three members selected from the county, including one representative
from the County Agricultural and Farmland Protection Board, one person
from local government, and one person mutually agreed upon by both
parties involved in the dispute.
D.
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.
E.
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
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. No party bringing a complaint to the Committee
for settlement or resolution may be represented by counsel. 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.
F.
Any reasonable costs associated
with the functioning of the Committee process shall be borne by the
participants.
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.
The Town hereby declares that it would have passed this article and
the sections and subsections hereof, irrespective of the fact that
any one or more of these sections, subsections, sentences, clauses
or phases may be declared unconstitutional or invalid.
This article and its provisions are in addition to all other
applicable laws, rules and regulations.
This article shall be effective immediately upon filing with
the Town of Lancaster and the Secretary of State pursuant to § 27
of Municipal Home Rule Law.
