This article shall be known as the "Right-to-Farm Law of the
Town of Cato."
A.
With this article the Town of Cato reaffirms the Agricultural and
Open Space Goal set forth in the Town of Ira and Cato Joint Community
Comprehensive Plan which states that: "The Towns of Ira and Cato will
strive to maintain the viability of agriculture within the community
as an integral part of the local economy and an important land use
activity to sustain future generations." In pursuit of this goal,
the Town Board makes it the policy of the Town of Cato to encourage
an environment supportive of agricultural operations and to discourage
conflicts that can result from non-farmers living in close proximity
to active agricultural operations.
B.
It is the general purpose and intent of this article to encourage
farming and agricultural commerce as a means to protect rural character
and open space, to ensure that agriculture continues as the primary
economic activity in the community, to treat farming as a business
and as the primary land use in the community, to encourage a supportive
business climate for agricultural commerce, to provide special support
to those Cato farmers who choose to engage in the practice of sustainable
agriculture, and to discourage fragmentation of currently active and
potentially active farmland for other land uses.
C.
Further, the Town finds that when nonagricultural land uses extend
into agricultural areas, agricultural operations may become the subject
of nuisance suits or legal actions restricting agricultural operations.
As a result, agricultural operations are sometimes curtailed. Investments
in farm improvements may be discouraged. In addition to the aforementioned
general purpose, it is the purpose of this article to reduce the loss
to the Town of its agricultural resources by promoting a timely, equitable
and local means of conflict resolution relating to allegations of
agricultural nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Any 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 or the raising of livestock.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on- farm production, preparation, and
marketing of agricultural products, application of animal wastes;
storage, transportation, and proper and legal use of equipment for
tillage, planting, harvesting, irrigation, fertilization and pesticide
application; storage and use of legally permitted fertilizers, limes,
and pesticides all in accordance with local, state and federal law
and regulations and in accordance with manufacturer's instructions
and warnings; storage, use and application of animal feed and foodstuffs,
construction and use of farm structures and facilities for the storage
of animal wastes, farm equipment, pesticides, fertilizers, agricultural
products and livestock, for the sale of agricultural products and
for the use of farm labor.
Those products as defined in § 301 Subdivision
2 of Article 25AA of the State Agriculture and Markets Law as adopted
or hereafter amended, 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.
Horticulture specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals, such as alpacas and llamas, milk, eggs, and furs.
Maple sap.
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 subsection, "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 of the State Agriculture
and Markets Law.
The use of land and resources for the production of food,
fiber, fuel, and for agritourism activities in accordance with the
accepted practices of land, nutrient, and farm management as defined
by the New York State Department of Agriculture and Markets including
but not limited to the raising, harvesting, and selling of crops;
feeding (including grazing), breeding, managing, selling, or producing
livestock, poultry, fur-bearing animals or honeybees; dairying and
the sale of dairy products; any other aquacultural, floricultural,
horticultural, silvicultural or viticultural use; animal husbandry,
agricultural support industries, or by any combination thereof; and
equestrian facilities.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, as defined in § 301 Subdivision
2 of Article 25AA of the State Agriculture and Markets Law as adopted
or hereafter amended.
Land used in agricultural production, as defined in § 301
Subdivision 4 of Article 25AA of the State Agriculture and Markets
Law as adopted or hereafter amended; and land which is not currently
in use for but, is suitable for these purposes in the future (e.g.,
idle farmland).
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe, and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of agricultural practices and do not harm human health.
A.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Cato at all such times and in all such locations
as are reasonable 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 nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with generally accepted 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)
Conduced in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways;
(7)
Conducted in a manner which does not degrade water quality.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to a failure to follow sound agricultural practice, as outlined
in this section.
A.
The legislative intent and purposes of this article shall be taken
into consideration by each Town officer and/or board in processing
any application requesting rezoning, site plan approval and/or special
use permit approval when the property which is the subject of such
application is located within one mile of an existing farm. Such Town
officer and/or board shall, as part of its review of such application,
determine whether appropriate and reasonable conditions may be prescribed
or required, which would further the purposes and intent of this article
as part of an approval of the application. Such appropriate and reasonable
conditions shall be determined on a case-by-case basis.
A.
Should any controversy arise regarding any inconveniences or discomforts
occasioned by agricultural operation, including, but not limited to,
noise, odors, fumes, dust, the operation of machinery, the storage
and disposal of manure, and the application by spraying or otherwise
of chemical fertilizers, soil amendments, herbicides and/or pesticides,
the parties shall be referred to the New York State Agricultural Mediation
Program. If the dispute is not appropriate for mediation, or if the
parties are unable to reach an agreement, then the parties should
submit the controversy to the resolution committee as set forth below
in an attempt to resolve the matter prior to the filing of any court
action.
B.
Any controversy between the parties may be submitted to the Agricultural
Advisory Committee, whose decision shall be advisory only, within
45 days of the date of the occurrence of the particular activity giving
rise to the controversy or of the date a party became aware of the
occurrence unless the parties attempted mediation first. If the parties
attempted mediation then the controversy may be submitted to the Agricultural
Advisory Committee within 30 days of the failure of mediation.
C.
The effectiveness of the Agricultural Advisory Committee as a forum
for resolution of grievances is dependent upon full discussion and
complete presentation of all pertinent facts concerning the dispute
in order to eliminate any misunderstandings. The parties are encouraged
to cooperate in the exchange of pertinent information concerning the
controversy.
D.
The controversy shall be presented to the Committee by written request
of one of the parties within the time limits prescribed above. Thereafter,
the committee may investigate the facts of the controversy but must,
within 30 days, hold a meeting to consider the merits of the matter
and within 20 days of the meeting must render a written decision to
the parties. At the time of the meeting, both parties shall have an
opportunity to present what each party considers to be the pertinent
facts.
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 § 310 of Article 25AA of New York 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 notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly within an agricultural district, or partially
or wholly adjacent to areas where, farm operations take place, and
that farming activities occur within the district and within these
other areas. Such farming activities might include, but not be limited
to, activities that cause noise, dust, and odors." This notice shall
be provided to prospective purchasers of property within an agricultural
district or on property with boundaries within 500 feet of an agricultural
district or a farm operation that might be located outside a designated
agricultural district. A copy of this notice shall be included by
the seller or seller's agent as an addendum to the purchase and
sale contract at the time an offer to purchase is made.
