[HISTORY: Adopted by the Town Board of the
Town of Pittsford 12-18-2007 by L.L. No. 11-2007. Amendments noted where
applicable.]
This chapter shall be known as the "Right to
Farm Law of the Town of Pittsford."
A.
The Pittsford Town Board finds, declares and determines
agriculture is vital to the Town of Pittsford, New York, because it
is a livelihood and provides employment for several of our historical
farm families and their support workers. In addition, agriculture
provides locally produced fresh commodities, promotes economic stability,
maintains open space and promotes environmental quality; and agricultural
land does not increase the demand for services provided by local governments.
B.
In order to maintain a viable farming economy in the
Town of Pittsford, farmers must be afforded protection allowing them
the right to farm. When nonagricultural land uses extend into agricultural
areas, agricultural operations may become the subject of nuisance
suits. As a result, agricultural operations are sometimes forced to
cease operations or are discouraged from making investments in agricultural
improvements.
C.
It is the purpose of this chapter to reduce the loss
to the Town of Pittsford of its agricultural resources by limiting
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.
D.
The Town Board finds, declares and determines that
§ 308 of Article 25-AA of the Agriculture and Markets Law
provides an important foundation for achieving the right-to-farm protection
sought in the Town and that, in order to address the unique circumstances
facing agriculture in the Town, it is necessary and desirable to provide
a more comprehensive local right-to-farm protection.
A.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM OPERATION
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this chapter, the following terms shall
have the meanings indicated:
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, processing and marketing
of agricultural products, including but not limited to the collection,
transportation, distribution, storage and land application of animal
wastes; storage, transportation and 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 manufacturers' 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 and
housing of farm laborers and their families, as permitted by local
and state building codes and regulations; including the construction
and maintenance of fences.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the Agriculture and Markets Law.
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, including a "commercial horse boarding
operation" as defined in § 301, Subdivision 13, of Article
25-AA of the Agriculture and Markets Law and "timber processing" as
defined in § 301, Subdivision 14 of Article 25-AA of the
Agriculture and Markets Law. Such farm operation may consist of one
or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other.
Any person, organization, entity, association, partnership
or corporation engaged in the business of the production, processing
and marketing of agricultural products, as a commercial enterprise,
including, but not limited to, the cultivation of land, the raising
of crops or the raising of livestock, poultry, fur-bearing animals
or fish, the harvesting of timber or the practicing of horticulture
or apiculture.
Those practices that 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 entitled "agricultural practices."
B.
Unless specifically defined above, words or phrases
used in this chapter shall be interpreted so as to give them meanings
they have in common usage and to give this article its most reasonable
application.
A.
Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of farmers, may lawfully engage in generally
accepted agricultural practices within the Town of Pittsford at any
and all such times and in all such locations as are reasonably necessary
to carry on a farm operation. In determining the reasonableness of
the time, place and methodology of such farm operation or 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.
Any farm operation conducted on farmland within the
Town shall not be found to be a public or private nuisance if such
operation is conducted according to the "Sound Agricultural Practices
Guidelines" of the State's Advisory Council on Agriculture.
No person, group, entity, association, partnership
or corporation shall engage in any conduct or act in any manner so
as to unreasonably, intentionally, knowingly or deliberately interfere
with, prevent or in any way deter the practice of farming within the
Town of Pittsford.
A.
Should any issue or controversy arise regarding inconvenience,
nuisance or discomfort resulting from agricultural practices which
cannot be resolved directly between the parties involved, and upon
the written request of either party, to the Town's Environmental Board,
the issue or controversy shall be submitted to the Environmental Board
of the Town of Pittsford, in an attempt to resolve the matter prior
to court action and prior to a request for a determination by the
Commissioner of Agriculture and Markets as to whether the practice
in question is sound pursuant § 308 of Article 25-AA of
the Agriculture and Markets Law.
B.
Any such written request of one of the parties shall
be submitted to the Environmental Board within 30 days of the occurrence
or of the date a party became aware of the occurrence. Upon receipt
of such written request, the issue or controversy shall be placed
on the agenda of the next nearest Environmental Board meeting for
resolution recommendations, following an open hearing.
C.
Prior to and during the hearing process, the parties
shall exchange all relevant information concerning the issue or controversy
and agricultural practice in question, and provide such information
to the Environmental Board for review. At such hearing, both parties
shall have an opportunity to present any relevant information to the
Environmental Board. In addition, the Environmental Board is encouraged
to solicit outside advice (e.g., Monroe County Cooperative Extension,
Monroe County Soil and Water Conservation District, etc.) in making
their recommendations.
D.
Within 30 days of the conclusion of the hearing, the
Environmental Board shall render written resolution recommendations
to the parties.
