[Adopted 7-15-2019 by L.L. No. 3-2019]
As used in this article, the following terms shall have the
meanings indicated:
AGRIBUSINESS
A business involved in the producing operations of a farm,
the manufacture or distribution of farm equipment or farm supplies,
or the processing, storage, or distribution of farm commodities.
AGRICULTURAL PRACTICES
Those practices necessary for the production, preparation,
and marketing of agricultural products. Practices include but are
not limited to: operation of farm equipment, crop production methods,
the proper use of pest and disease management practices, and the construction
and use of farm structures.
AGRICULTURAL PRODUCTS
Those products as defined in Article 25-AA, § 301,
Subdivision 2, of the New York State Department of Agriculture and
Markets Law.
FARM OPERATION
Shall be defined in accordance with Article 25-AA, § 301,
Subdivision 11, of the New York State Agriculture and Markets Law.
FARMER
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in the business
of farming, including but not limited to: the cultivation of land,
the raising of crops, or the raising of livestock.
FARMING
The act of engaging in a farm operation and/or agricultural
practices.
RIGHT-TO-FARM DISPUTE RESOLUTION COMMITTEE (or COMMITTEE)
The Chair of the Dutchess County Agricultural and Farmland
Protection Board or their representative from the Agricultural and
Farmland Protection Board), the Dutchess County Department of Planning
and Development Commissioner (or their representative) and one representative
from the New York State Agricultural Mediation Program.
It is hereby determined, pursuant to the provisions of the State
Environmental Quality Review Act § 8-0101 et seq., and its
implementing regulations, Part 617 of 6 NYCRR, that the adoption of
this article is a "Type II" action within the meaning of § 617.5(c)(26)
and (33) of 6 NYCRR, and, accordingly, is of a class of actions which
do not have a significant impact on the environment and no further
review is required. [6 NYCRR § 617.5(c)(26) and (33) apply
to: "County-owned or -leased routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment" and "§ 301,
Subdivision 2, adoption of regulations, policies, procedures, and
local legislative decisions in connection with any action on this
list."]
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
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 New York State Secretary of State.