[HISTORY: Adopted by the Town Board of the
Town of Sullivan 4-1-1992 by L.L. No. 1-1992. Amendments noted where
applicable.]
A.
The Town Board of the Town of Sullivan finds that
farming is an essential activity within the Town of Sullivan.
B.
Farming 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,
the Town of Sullivan shall emphasize to newcomers that the Town encourages
its agriculture and requests newcomers to be understanding of the
necessary day-to-day operations of farms and farming.
C.
It is the general purpose and intent of this chapter
to maintain and preserve the rural tradition and character of the
Town of Sullivan, to permit the continuation of agricultural practices,
to protect the existence and operation of farms, and to encourage
the initiation and expansion agriculture and farms.
D.
In order to attain these goals, this chapter provides
that agricultural practices may proceed and be undertaken free of
unreasonable and unwarranted restrictions. It is also recognized that
it is desirable for farmers to be good neighbors.
E.
For the purpose of reducing future conflicts between
farmers and nonfarmers, it is necessary for notice to be given to
future neighbors about the nature of agricultural practices.
This chapter shall apply to all areas within
the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
A.
AGRICULTURAL PRACTICES
AGRICULTURE
FARM
FARMER
FARMING
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
Includes all generally accepted agriculture activities conducted
on a farm, nursery, greenhouse, and truck garden, necessary to the
operation of a farm, nursery, greenhouse, and truck garden.
The production of agricultural products for compensation,
including crops, produce, horticulture, livestock, horse boarding,
and aquaculture, dairy and livestock products. The term includes the
sale of products grown on such land and the necessary buildings and
accessory construction such as barns, silos, and fences which are
a normal part of agriculture. "Agriculture" includes farm, nursery,
greenhouse, and truck garden.
Land and buildings used primarily for bona fide production
of agricultural products for compensation. It includes a nursery,
greenhouse, and truck garden.
Any person, organization, entity, association, partnership,
or corporation engaged in agriculture, whether for profit or otherwise.
See "agriculture."
B.
Also see Agriculture and Markets Law § 301.
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 Sullivan at any
and all such times and all such locations as are reasonably necessary
to conduct the business of farming. For any activity or 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 farming industry as
well as to advances resulting from increased knowledge and improved
technologies.
The following notice shall be included in building
permits and on plats of subdivisions submitted for approval pursuant
to Town Law § 276:
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"This property borders a 'farm,' as defined in Chapter 137, Farming, of the Code of the Town of Sullivan. Residents should be aware that farmers have the right to undertake generally accepted agricultural practices which may generate dust, odor, smoke, noise, and vibration."
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This chapter and the provisions set forth herein are in addition
to and not in lieu of all other applicable laws, rules, and regulations
which are therefor continued in full force and effect and unaffected
by this chapter.
