[Adopted 7-10-2006 by L.L. No. 2-2006; amended in its entirety 11-10-2020 by L.L. No.
3-2020]
Farmers, as well as those employed or otherwise authorized to
act on behalf of farmers, may lawfully engage in farm operations within
the Town of New Lebanon at any and all such times and at all such
locations as are reasonably necessary to carry on a farm operation.
In determining the reasonableness of the time, place and methodology
of such operation, due weight and consideration shall be given to
both traditional customs and procedures in the agricultural industry
as well as to advances resulting from increased knowledge or improved
technologies.
No agricultural practice, or appurtenances thereto, conducted
or maintained in a manner consistent with management practices such
as those recommended by state and federal agencies within the educational
aspects of farmers and agricultural practices, herein and hereafter
referred to as "accepted customs and standards," shall be or become
either a public or private nuisance.
No person, group, entity, association, partnership or corporation
shall engage in any conduct or act in any manner so as to unreasonably,
intentionally, knowingly and/or deliberately interfere with, prevent,
or in any way deter the practice of farming within the Town of New
Lebanon.
Agricultural data statement. As prescribed in New York State
Agriculture and Markets Law Article 25-AA, § 305-b, the
following requirements for agricultural data statements shall apply:
A. Submission; evaluation. Any application for a special use permit,
site plan approval, use variance, or subdivision approval that would
occur on property within an agricultural district containing a farm
operation or on property with boundaries within 500 feet of a farm
operation located in an agricultural district shall include an agricultural
data statement. The board reviewing such application shall evaluate
and consider the agricultural data statement in its review of the
possible impacts of the proposed project upon the functioning of farm
operations within such agricultural district.
B. Notice provision. Upon the receipt of such application by the appropriate
board, the clerk of such board shall mail written notice of such application
to the owners of land as identified by the applicant in the agricultural
data statement. The notice shall include a description of the proposed
project and its location and may be sent in conjunction with any other
notice required by law. The cost of mailing the notice shall be borne
by the applicant.
C. Content. An agricultural data statement shall include the following
information: the name and address of the applicant; a description
of the proposed project and its location; the name and address of
any owner of land within the agricultural district, which land contains
farm operations and is located within 500 feet of the boundary of
the property upon which the project is proposed; and a tax map or
other map showing the site of the proposed project relative to the
location of farm operations identified in the agricultural data statement.
D. Related requirements. In addition to the foregoing, the requirements for any such applications set forth in Chapter
179 and Chapter
205 shall also apply.
All noncommercial farm activity should conform to sound agricultural
practices as defined by the New York State Agriculture and Markets
Law and applicable guidance from the Commissioner of Agriculture and
Markets.