[Ord. 7/22/93 § 1]
Pursuant to the powers conferred upon by Section 7-148 (c) (7)
(e), (8), and (10) (A), and in furtherance of the goals of Section
19 a-341 of the General Statutes, the Town of Brooklyn adopts this
chapter to recognize the importance of protecting prime farmland,
to identify those parcels for which preservation is a priority, and
to foster farming as a way of life by declaring this municipality's
support of the farmer's right to farm.
[Ord. 7/22/93 § 2]
As used in this chapter.
Except as otherwise specifically defined, the words shall
mean and include cultivation of the soil, dairying, forestry, raising
or harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training and management
of livestock, including horses, bees, poultry, fur-bearing animals
and wildlife, and the raising or harvesting of oysters, clams, mussels,
and other molluscan shellfish or fish; the operation management, conservation,
improvement or maintenance of a farm and its buildings, tools and
equipment, or salvaging timber or cleared land of brush or other debris
left by a storm, as an incident to such farming operations; the production
or harvesting of maple syrup or maple sugar, or any agricultural commodity,
including lumber, as an incident to ordinary farming operations or
the harvesting of mushrooms, the hatching of poultry, or the construction,
operation of maintenance or ditches, canals, reservoirs or waterways
used exclusively for packaging, processing, freezing, grading, storing
or delivering to storage or to market, or to a carrier for transportation
to market, or for direct sale any agricultural or horticultural commodity
as an incident to ordinary farming operations, or, in preparation
of such fruits or vegetables as an incident to the direct sale.
Shall mean the production of protein food, including fish,
oysters, clams, mussels and other molluscan shellfish, on leased,
franchised and public underwater farm lands.
Shall include farm buildings, and greenhouse, hoophouses
and other temporary structures or other structures used primarily
for the raising and, as an incident to ordinary farming operations,
the sale of agricultural or horticultural commodities.
[Ord. 7/22/93 § 3]
Notwithstanding any general statute or municipal ordinance or
regulation pertaining to nuisances to the contrary, no agricultural
or farming operation, place, establishment or facility, or any of
its appurtenances, or the operation thereof, shall be deemed to constitute
a nuisance, either public or private, due to alleged objectionable:
a.
Odor from livestock, manure, fertilizer or feed;
b.
Noise from livestock, or farm equipment used in normal, generally
acceptable farming procedures;
c.
Dust created during plowing or cultivation operations;
d.
Use of chemicals, provided such chemicals and the method of their
application conform to practices approved by the commissioner of environmental
protection or, where the commissioner of environmental protection
or, where applicable, commissioner of health services; or
e.
Water pollution from livestock or crop production activities, except
the pollution of public or private drinking water supplies, provided
such activities conform to acceptable management practices for pollution
control approved by the Commissioner of Environmental Protection;
provided such agricultural or farming operation, place, establishment
or facility has been in operation for one year or more and has not
been substantially changed and such operation follows generally accepted
agricultural practices. Inspection and approval of the facility by
the Commissioner of Agriculture or his designee shall be prima facie
evidence that such operation follows generally accepted agricultural
practices.
[Ord. 7/22/93 § 4]
The provisions of this chapter shall not apply whenever a nuisance
results from negligence or willful or reckless misconduct in the operation
of any such agricultural or farming operation, place, establishment
or facility, or any of its appurtenances.
[Ord. 7/22/93 § 5]
Nothing contained in this chapter shall restrict the power of
the Brooklyn Planning and Zoning Commission under Chapter 124 of Title
8 of the Connecticut General Statutes. That Commission is urged to
adopt regulations consistent with this chapter, and to make the permanent
preservation of farmland within this Town, a criterion in its planning
and policy decisions.
