[HISTORY: Adopted by the Town Board of the Town of Bristol
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-2001 by L.L. No. 1-2001]
A.
It is hereby found and declared by the Town Board of the Town of
Bristol that agricultural lands are irreplaceable assets. To that
end, the Town Board finds farming to be an essential activity within
the Town which greatly contributes to the economic viability of the
Town. Farming also reinforces the special quality of life enjoyed
by the Town's residents, providing a visual product of pastoral appearances
and general economic benefits. Therefore, the Town Board emphasizes
to both the Town's current residents and prospective newcomers to
the Town that it is the policy of this Town to conserve, protect and
encourage the development and improvement of agricultural land.
B.
Furthermore, the Town Board hereby supports those farmers, as well
as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage
in the time honored profession of farming. The Town Board hereby expresses
its support of the enactment by the State Legislature of Chapter 797
of the Laws of 1992 of the State of New York[1] which, among other things, added a new section to the
Agriculture and Markets Law of the State of New York by establishing
for the first time a statutory right to farm by prohibiting the commencement
of private nuisance suits against farmers who engage in sound agricultural
practices.
[1]
Editor's Note: See Agriculture and Markets Law § 308.
C.
The Town Board, in an effort to promote and foster a harmonious relationship
between the residents of the Town and those who contemplate purchasing
land within the Town of Bristol, and to conserve, protect and encourage
the development and improvement of agricultural land for the production
of food and other products, hereby declares that it shall be the policy
of this Town to provide the following notice to prospective landowners
that farming activities may occur on neighboring lands.
D.
AGRICULTURAL ADVISORY COMMITTEE
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The Committee which advises the Town on any and all agriculture
matters, including but not limited to questions from Town residents
regarding agricultural practices, location of drainage lines and farmland
protection techniques. The Committee is composed of five representatives,
three from the food and agricultural industry in the Town of Bristol
and two non-farm-landowner representatives from the Town of Bristol.
In the event the Town Agricultural Advisory Committee is unable to
develop a recommendation, the Town will contact the County Agricultural
Enhancement Board.
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, 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 laws 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 processing of animal wastes and agricultural products,
for the sale of agricultural products, and for the use of farm labor,
as permitted by local and state building codes and regulations, including
construction and maintenance of fences and lanes.
All those products as defined in Subdivision 2 of § 301
of the Agriculture and Markets Law.
The land, buildings and equipment contributing to the production,
preparation and/or marketing of agricultural products.
Any person, organization, entity, association, partnership
or corporation engaged in the raising of crops or the raising of livestock
or livestock products as defined in Subdivision 2 of § 301
of the Agriculture and Markets Law, or the business of agriculture,
including the cultivation of land, the raising of poultry, fish, or
fur-bearing animals, the harvesting of timber or the practice of horticulture,
aquaculture, apiculture or viticulture.
Those practices which are lawful, customary, reasonable, and necessary to the industry as they pertain to the practices listed in § 166-1D, Definitions.
A.
Submission of preliminary plats for subdivisions and applications
for building permits for multifamily residences within 500 feet of
an agricultural district or land for which an individual commitment
has been received pursuant to §§ 305 or 306 of the
Agriculture and Markets Law.
(1)
Upon the submission of a preliminary subdivision plat to the Planning
Board of the Town of Bristol, pursuant to § 276 of the Town
Law of the State of New York and the applicable subdivision regulations
of the Town, the applicant, in addition to any other requirements,
shall submit a separate statement to the Planning Board stating whether
the boundaries of the proposed subdivision are to be located partially,
wholly or within 500 feet of either an agricultural district or land
for which an individual commitment has been received pursuant to §§ 305
or 306 of the Agriculture and Markets Law of the State of New York.
(2)
Upon the submission of any application for a building permit for
a multifamily residence, the applicant, in addition to any other requirements,
shall submit a statement to the Building Inspector stating whether
any portion of the proposed multifamily residential premises is to
be located partially, wholly or within 500 feet of either an agricultural
district or land for which an individual commitment has been received
pursuant to §§ 305 or 306 of the Agriculture and Markets
Law of the State of New York.
B.
Should any proposed subdivision or multifamily residence be located
partially, wholly or within 500 feet of either an agricultural district
or land for which an individual has been received pursuant to §§ 305
or 306 of the Agriculture and Markets Law of the State of New York,
then the following notice shall appear on 1) all contracts of sale,
purchase or exchange of residential real property, 2) final subdivision
plats or, in the case of a multifamily residential dwellings, on the
building permits:
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"It is the policy of this state and the Town of Bristol 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 ecological value. This notice is to inform prospective residents
that the property they are about to acquire lies partially or wholly
in, or within 500 feet of, either an agricultural district or land
for which an individual commitment has been received pursuant to §§ 305
or 306 of the Agriculture and Markets Law of the State of New York,
and that farming activities occur in such district or land. Such farming
activities may include, but not be limited to, activities that cause
noise, dust and odors."
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A.
Should a controversy arise regarding an inconvenience or discomfort
occasioned by agricultural operations, including but not limited to
noises, odors, fumes, dust, the operation of machinery of any kind
during any hour of the day or night, the storage and disposal of manure,
and the application, by spraying or otherwise, of chemical fertilizers,
soil amendments, herbicides and/or pesticides, the parties will submit
the controversy to the Town of Bristol Agricultural Advisory Committee
as set forth below in an attempt to resolve the matter prior to the
filing of any court action.
B.
Controversy between parties may be submitted to the Code Enforcement
Officer, whose decision shall be advisory only, within 30 days or
as soon as possible of the date of the occurrence of the particular
activity giving rise to the controversy or of the date a party became
aware of the occurrence.
C.
The controversy shall be presented to the Agricultural Advisory Committee
by written consent of one of the parties within the time specified
herein. Thereafter, the Agricultural Advisory Committee will investigate
the facts of the controversy, but must, within 30 days or as soon
as possible, hold a meeting with both parties to consider the merits
of the matter, and, within 20 days after meeting with both parties,
the Agricultural Advisory Committee will render a written decision
to the parties. At the time of the initial meeting, both parties shall
have an opportunity to present what each considers to be pertinent
facts.
D.
The decision of the Agricultural Advisory Committee shall not be
binding. If one of the parties is not satisfied with the Committee's
decision, the matter shall be submitted to the Town Board according
to the procedures set forth as follows:
(1)
The controversy between the parties shall be submitted to the Town
Board upon consent of one of the parties.
(2)
The Town Board shall review the controversy with a report from the
Agricultural Advisory Committee. Within 30 days, or as soon as possible,
a written decision will be issued to the all parties.
A.
Noncompliance with any provision of this article shall not affect
title to real property, nor prevent the recording of any document.
Violation of any provisions of this article may constitute an offense
punishable by law with a fine of not less than $25 nor more than $150
for each day's violation or continuation of the violation.
B.
In addition, an action to restrain or enjoin any violation of this
article may be brought in a court of competent jurisdiction by any
aggrieved entity and/or the Town of Bristol.
Each separate provision of this article shall be deemed independent
of all other provisions herein, and if any provision shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This article shall take effect upon filing as required by law.
