[HISTORY: Adopted by the Town Board of the
Town of Barton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-14-2021 by L.L. No. 1-2021]
A.
The Board recognizes that farming is an essential enterprise and
an important industry that enhances the economic base, natural environment
and quality of life in the Town of Barton. Therefore, the Town Board
of the Town of Barton finds and declares that this Town encourages
its agriculture and urges understanding of and cooperation with the
necessary day-to-day operations involved in farming.
B.
It is the general purpose and intent of this article to maintain
and preserve the rural traditions and character of the Town, to permit
the continuation of agricultural practices to protect the existence
and operation of farms, to encourage the initiation and expansion
of farms and agribusiness and to promote new ways to resolve disputes
concerning agricultural practices and farm operation. In order to
maintain a viable farming economy in Barton, it is necessary to limit
the circumstances under which farming may be deemed to be a nuisance
and to allow agricultural practices inherent to and necessary for
the business of farming to proceed and be undertaken free of unreasonable
and unwarranted interference or restriction.
As used in this article, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop-protection methods, manure
application and construction and use of farm structures and fences.
Those products as defined in Section 301(2) of Article 25AA
of the State Agriculture and Markets Law, including, but not limited
to:
Field crops, including corn, wheat, rye, barley, hay, potatoes,
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets, and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees, and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs, and furs.
Woodland products, including maple sap, logs, lumber, posts,
and firewood.
Christmas trees derived from a managed Christmas tree operation
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants,
and shellfish.
Woody biomass, which means short-rotation woody crops raised
for bioenergy, and shall not include farm woodland.
Apiary products, including honey, beeswax, royal jelly, bee
pollen, propolis, package bees, nucs and queens. For the purposes
of this definition, "nucs" shall mean small honey bee colonies created
from larger colonies, including the nuc box, which is a smaller version
of a beehive, designed to hold up to five frames from an existing
colony.
Actively managed log-grown woodland mushrooms.
Industrial hemp as defined in Article 29, Section 505 of the
State Agriculture and Markets Law.
Shall be defined in Article 25AA, Section 301(11) in the
State Agriculture and Markets Law.
Includes land used for production and sale of woodland products,
including, but not limited to, logs, lumber, posts, and firewood.
Includes, but is not limited to, any person, organization,
entity, association, partnership, limited liability company, or corporation
engaged in the business of agriculture, whether for profit or otherwise,
including the cultivation of land, the raising of crops, the raising
of livestock or the production, preparation and marketing of agricultural
products as a commercial enterprise.
Land used in agricultural production as defined in Section
308 of Article 25AA of the State Agriculture and Markets Law.
A.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
of farm operation within this Town at all times and all such locations
as are reasonably necessary to conduct the business of agriculture.
For any agricultural practice, in determining the reasonableness of
the time, place, and methodology of such practice, due weight and
consideration shall be given to both traditional customs and procedures
in the farming industry as well as to advances resulting from increased
knowledge and improved technologies.
B.
Agricultural practices conducted on farmland shall not be found to
be a public or private nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular faun or farm operation;
(2)
Conducted in a manner that is not negligent or reckless;
(3)
Conducted in conformity with generally accepted and sound agricultural
practices;
(4)
Conducted in conformity with all local, state, and federal laws and
regulations;
(5)
Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to health or safety of any person;
and
(6)
Conducted in a manner that does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering from damages for bodily injury or wrongful death
due to failure to follow sound agricultural practices, as outlined
in this section.
A.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with Section 310 of Article 25AA of the State Agriculture and
Markets Law and provide notice to prospective purchasers and occupants
as follows: "It is the policy of this state and this community 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 and ecological value. This disclosure notice
is to inform prospective residents that the property they are about
to acquire lies partially or wholly within an agricultural district
and that farming activities occur within the district. Such farming
activities may include, but not be limited to, activities that cause
noise, dust and odors."
B.
A copy of this notice shall be included as an addendum to the purchase
and sale contract at the time an offer to purchase is made.
Should any controversy arise regarding inconveniences occasioned
by agricultural operations which cannot be settled by direct negotiation
between the parties involved, the controversy should be referred to
the Commissioner of Agriculture and Markets for determination about
whether the practice in question is sound pursuant to Section 308
of Article 25AA of the State Agriculture and Markets Law.
Should any section or portion of this article be declared invalid
for any reason whatsoever, such decision shall not affect the remaining
portions of this article which shall remain in full force and effect.
