[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:
AGRICULTURAL PRACTICES
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.
AGRICULTURAL PRODUCTS
Those products as defined in Section 301(2) of Article 25AA of the State Agriculture and Markets Law, including, but not limited to:
A. 
Field crops, including corn, wheat, rye, barley, hay, potatoes, and dry beans.
B. 
Fruits, including apples, peaches, grapes, cherries and berries.
C. 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, and onions.
D. 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees, and flowers.
E. 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs, and furs.
F. 
Woodland products, including maple sap, logs, lumber, posts, and firewood.
G. 
Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.
H. 
Aquaculture products, including fish, fish products, water plants, and shellfish.
I. 
Woody biomass, which means short-rotation woody crops raised for bioenergy, and shall not include farm woodland.
J. 
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.
K. 
Actively managed log-grown woodland mushrooms.
L. 
Industrial hemp as defined in Article 29, Section 505 of the State Agriculture and Markets Law.
FARM OPERATION
Shall be defined in Article 25AA, Section 301(11) in the State Agriculture and Markets Law.
FARM WOODLAND
Includes land used for production and sale of woodland products, including, but not limited to, logs, lumber, posts, and firewood.
FARMER
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.
FARMLAND
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.