[HISTORY: Adopted by the Town Board of the Town of Pawling 8-11-1992
as L.L. No. 4-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 215.
A.
The Town Board of the Town of Pawling finds that farming
is an essential activity within the Town of Pawling.
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 Pawling 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 chapter
to maintain and preserve the rural tradition and character of the Town of
Pawling, 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 chapter, the following terms shall have the meanings
indicated:
- AGRICULTURAL PRACTICES
- Includes all practices necessary for the on-farm production, preparation and marketing of agricultural commodities.
- FARM
- Includes livestock, dairy, poultry, fur-bearing animal, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses 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 Pawling at any and all such times and all such locations
as are reasonably necessary to conduct the business of farming.
B.
New York State Agriculture and Markets Law § 308
states that notwithstanding any other provisions of law, on any land in an
agricultural district or under individual commitments created pursuant to
§ 305 or § 306 of this Article,[1] an agricultural practice shall not constitute a private nuisance,
when an action is brought by a person, provided that such agricultural practice
constitutes a sound agricultural practice pursuant to an opinion issued upon
request by the Commissioner. Nothing in this section shall be construed to
prohibit an aggrieved party from recovering damages for personal injury or
wrongful death.
[1]
Editor's Note: See Art. 25-AA of the Agriculture and Markets
Law.
The following notice shall be included in building permits and on plats
of subdivisions submitted for approval pursuant to Town Law § 276
or Village Law § 7-728:
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"This property may border a farm, as defined in Town Law § 276.
Residents should be aware that farmers have the right to undertake farm practices
which may generate dust, odor, smoke, noise and vibration."
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