[HISTORY: Adopted by the Town Board of the
Town of Galway as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-13-1997 by L.L. No. 1-1997]
A.
The Town Board of the Town of Galway finds that farming
is an essential activity within the Town of Galway.
B.
Farming, as defined herein, 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 Galway emphasizes to newcomers
that this town encourages its agriculture and requests newcomers to
be understanding of the necessary day-to-day operations.
C.
It is the general purpose and intent of this article
to maintain and preserve the rural tradition and character of the
Town of Galway, to permit the continuation of agricultural practices,
to protect the existence and operation of farms, and to encourage
the initiation and expansion of farms and agricultural businesses.
D.
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.
As used in this article, the following terms
shall have the meanings indicated:
Includes all activities conducted on a farm necessary to
the operation of a farm.
Includes livestock, dairy, poultry, fur-bearing animals,
aquaculture, fruit, vegetable and field crop farms, plantations, orchards,
nurseries, greenhouses, woodland products or other similar operations
used primarily for the raising of agricultural or horticultural commodities.
A.
Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of farmers, may lawfully engage in farming
practices within the Town of Galway 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.
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
farm or farm operation.
(2)
Conducted in a manner which 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.
(6)
Conducted in a manner which does not unreasonably
obstruct the free passage or use of navigable waters or public roadways.
The following notice shall be included in building
permits and on plats of subdivisions submitted for approval pursuant
to Town Law § 276: "This property may border a farm, as
defined in Town Law No. 1 of 1997. Residents should be aware that
farmers have the right to undertake farm practices which may generate
dust, odor, smoke, noise and vibration."
A.
Should any controversy arise regarding any inconveniences
or discomfort occasioned by agricultural operations which cannot be
settled by direct negotiation between the parties involved, either
party may submit the controversy to a dispute resolution committee
as set forth below in an attempt to resolve the matter prior to the
filing of any court action and prior to a request for a determination
by the Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25-AA
of the State Agriculture and Markets Law.
B.
Any controversy between the parties shall be submitted
to the committee within 30 days of the last date of occurrence of
the particular activity giving rise to the controversy or the date
the party became aware of the occurrence.
C.
The committee shall be composed of three members including
one representative from the County Agricultural and Farmland Protection
Board, one person selected by the Galway Town Board and one person
mutually agreed upon by both parties involved in the dispute.
D.
The effectiveness of the committee as a forum for
the resolution of disputes 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. The parties are also encouraged to consult with agricultural
experts such as New York State Agriculture and Markets, Cornell University,
Cornell Cooperative Extension, Natural Resources Conservation Service
and Soil and Water Conservation District.
E.
The controversy shall be presented to the committee
by written request of one of the parties within the time limits specified.
Thereafter, the committee may investigate the facts of the controversy
but must, within 25 days, hold a meeting to consider the merits of
the matter and within five days of the meeting render a written decision
to the parties. At the time of the meeting, both parties shall have
an opportunity to present what each considers to be pertinent facts.
No party bringing a complaint to the committee for settlement or resolution
may be represented by counsel unless the opposing party is also represented
by counsel. The time limits provided in this subsection for action
by the committee may be extended upon the written stipulation of all
parties in the dispute.
