[HISTORY: Adopted by the Town Board of the
Town of New Lebanon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-10-2006 by L.L. No. 2-2006; amended in its entirety 11-10-2020 by L.L. No.
3-2020]
A.
It is hereby found and declared by the Town Board of the Town of
New Lebanon that agriculture lands are irreplaceable assets. To that
end, the Town Board affirms that farming is an essential activity.
Farming, as defined in this article, reinforces the special quality
of life enjoyed by citizens, provides the visual benefit of open space
and generates economic benefits and social well-being within the community.
Therefore, it is emphasized to residents that this municipality encourages
its agriculture and requests its residents to be understanding of
the necessary day-to-day operations associated with agricultural land
use.
B.
It is the general purpose and intent of this article to maintain
and preserve the rural tradition and character of the Town of New
Lebanon, to permit the continuation of agriculture practices and the
business of farming and to encourage the initiation and expansion
of farms and agricultural businesses. In recognition of the fact that
there are many practices and activities which are inherent to and
necessary for the business of farming, it is the specific purpose
and intent of this article to attain the aforementioned goals and
objectives by providing that such practices and activities may proceed
and be undertaken free of unreasonable and unwarranted interference
or restrictions.
C.
The Town Board, in an effort to promote and foster a harmonious relationship
between the residents of the Town of New Lebanon, and to conserve,
protect and encourage the development and improvement of agriculture
land for the production of food and other products, hereby declares
that it shall be the policy of the Town of New Lebanon to provide
reasonable notice to prospective landowners that farming activities
may occur on neighboring lands.
A.
Except as provided in Subsection B, below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable and effective application.
B.
AGRICULTURAL LAND
Terms used in this article shall have the meanings set forth in § 301
of the New York State Agriculture and Markets Law, except as may be
specifically defined below:
Any single or multiple, contiguous or noncontiguous parcel
or parcels that together represent all that real property within the
boundaries of the Town of New Lebanon currently used for agriculture
farm operations or upon which agriculture practices are being utilized
or upon which agriculture farm operations or agriculture practices
may in the future be established or utilized.
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.
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 provision of this article may constitute an offense
punishable by law with a fine of not less than $50 nor more than $250
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 an
aggrieved entity and/or 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.
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.
