[HISTORY: Adopted by the Town Board of the Town of Albion as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-8-2004 by L.L. No. 1-2004]
A.
It is hereby found and declared by the Town Board of
the Town of Albion that agriculture lands are irreplaceable assets. To that
end, the Town Board affirms that farming is an essential activity. Farming
as defined in this article reinforces that 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, it is emphasized
to residents that the Town of Albion encourages agriculture and requests that
residents be understanding of the necessary day-to-day operations associated
with agricultural land use.
B.
It is the general purpose and intent of this article
to maintain and preserve the rural tradition and character of the Town of
Albion to permit the continuation of agricultural practices and the businesses
of farming, and to encourage the initiation and expansion of farms and agricultural
business. In recognition of the fact that there are many practices and activities
which are inherent to and necessary for the business of farming, it is the
specific purpose and intent of this article to attain the aforementioned goals
and objectives by providing that such practices and activities may proceed
and be undertaken free of unreasonable and unwarranted interference of restrictions.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the Town of Albion and to
conserve, protect and encourage the development and improvement of agriculture
land for the production of food and other products, hereby declares that it
shall be the policy of the Town of Albion to provide reasonable notice to
prospective landowners that farming activities may occur on neighboring lands.
Unless specifically defined below, words or phrases used in this article
shall be interpreted so as to give them the meaning they have in common usage
and to give this article its most reasonable and effective application. As
used in this article, the following terms shall have the meanings indicated:
Any person, organization, entity, association, partnership or corporation
engaged in the business of agriculture or farming or agriculture practices,
whether for profit or otherwise.
Any single parcel or multiple, contiguous or noncontiguous parcels
which together represent all the real property within the boundaries of the
Town of Albion currently used for agriculture operations or upon which agriculture
practices are being utilized or upon which agriculture farm operations or
agriculture practices may in the future be established or utilized.
All activities conducted on a farm which are necessary to the operation
of the farm, including but not limited to the cultivation of land; the raising
of crops; the raising of livestock, beef, animals, dairy and poultry; stables
and horse-boarding facilities; horticulture, timber, fur-bearing animals;
the production, whether for sale to others or home use or consumption, of
plants and animals, fruits, vegetables and field crops; plantations, orchards,
nurseries, greenhouses, or other similar agricultural practices used primarily
for the raising, marketing or sales of on-premises produced agricultural or
horticultural commodities.
Agricultural practices shall also include any activity now permitted
by law, engaged in, by or on behalf of a farmer, in connection with and in
furtherance of the business of agriculture or farming and shall include without
limitation the collection, transportation, distribution and storage of animal
and poultry waste; storage, transportation and use of equipment for tillage,
planting, harvesting, and marketing; transportation and use of legally permitted
fertilizers, limes, insecticides, herbicides and fungicides, all in accordance
with local, state and federal law and in accordance with the manufacturer's
instructions and warnings; construction of farm structures and facilities
as permitted by local law and state building code regulations; construction
and maintenance of fences and other enclosures; and the use and/or maintenance
of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm
roads, and certain farm buildings and other structures related to the agriculture
practices.
The following examples are intended to be illustrative of common agriculture
practices covered within this definition, but are not inclusive:
Providing for the wholesale and retail marketing (including so-called
“you pick” marketing) and sales of the agricultural output of
the farm and related products that contribute to farm income, including the
sale at the owner's farm stand of agricultural products, so long as at
least 75% of the annual gross sales of the farm stand have been grown on said
farm.
Replenishing soil nutrients, including but not limited to the spreading
of manure and applying approved chemical and organic fertilizers.
Using federally approved products, in accordance with label instructions,
as recommended by the New York Agricultural Experiment Station, the United
States Environmental Protection Agency and the New York State Department of
Environmental Conservation for the control of pests, predators, varmints and
diseases affecting plants and livestock and for the control of weed infestation.
Transporting large, slow-moving equipment over roads within the Town
of Albion, in accordance with local, state and federal law and regulations.
Clearing of woods using accepted techniques, installing and maintaining
vegetative and terrain alterations, and physical facilities for water and
soil conservation and surface water control.
The foregoing uses, activities, and rights, when reasonable and necessary
for agricultural or horticultural production and when conducted in accordance
with generally accepted agricultural practices, may occur on holidays, Sundays
and weekends, day or night.
Shall include livestock, beef, dairy, poultry, fur-bearing animal,
agricultural, fruit, vegetable, and field crop farms, plantations, orchards,
nurseries, greenhouses, or other similar operations used primarily for the
raising of agricultural or horticultural commodities.
Any person, organization, entity, association, partnership or corporation
engaged in the agricultural farm operation or agricultural practices as defined
herein.
The act of engaging in an agricultural farm operation and/or agricultural
practices as defined herein.
Farmers, as well as those employed or otherwise authorized to act on
behalf of farmers, may lawfully engage in agricultural practices or an agricultural
farm operation within the Town of Albion at any and all such times and at
all such locations as are reasonably necessary to carry on an agricultural
farm operation of agricultural practice. 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 agricultural
industry as well as to advances resulting from increased knowledge or improved
technologies.
No agricultural practices or appurtenances thereto conducted or maintained
in a manner consistent with management practices such as those recommended
by state and federal agencies within the educational aspects of farmers and
agricultural practices or those approved by the County of Orleans Agricultural
and Farmland Protection Board, herein and hereafter referral to as “accepted
customs and standards,” shall be or become either a public or private
nuisance.
No person, group, entity, association, partnership, or corporation shall
engage in any conduct or act in a manner so as to unreasonably, intentionally,
knowingly, and/or deliberately interfere with, prevent, or in any way deter
the practice of farming within the Town of Albion
A.
Noncompliance with any provisions of this article shall
not affect the title to real property, nor prevent the recording of any document.
Violation of any provision of this article may constitute an offense punishable
by a fine not less than $25 nor more than $150 for each day's violation
or continuation of the violation.
B.
In addition, an action to restrain or enjoin any violation
of this article may be brought in a Court of competent jurisdiction by an
aggrieved entity and/or the Town of Albion.
A.
Should any controversy arise regarding any inconvenience
or discomfort arising out of or occasioned by any agricultural practices or
agricultural operations, the matter shall be referred to the Town of Albion
Code Enforcement Officer. When a problem arises, the Code Enforcement Officer
(CEO) would act as an impartial mediator between the two parties. If there
is no resolution, the CEO would then invoke the Agricultural Advisory Committee
(AAC).
B.
The AAC shall be comprised of each chairperson from the
following boards: Town Board, Planning Board, Zoning Board, the CEO, and one
individual who is engaged on a full-time basis in agricultural farm operation.
If a chairperson needs to recuse himself/herself, then that person will designate
an alternate from that same board to replace the chairperson's position
on the AAC. No, member of the AAC will be a party to or have any personal
investment in the dispute.
C.
Any complaint with respect to agricultural practices
or agricultural operationsshaill be submitted to the AAC in writing, within
20 days of the occurence of the activity or activities giving rise to the
complaint. Within 30 days of its receipt of a written complaint, the AAC shall
hold a public hearing to consider the matter. Notice of the public hearing
shall be published in the Town's official newspaper at least five days
in advance of the hearing, and a copy of the notice shall be mailed to each
of the parties to the controversy.
D.
At the public hearing, the AAC shall hear testimony from
the parties to the controversy and from any other interested persons. The
effectiveness of the AAC as a forum for the resolution of disputes is dependent
upon full disclosure and discussion of all pertinent facts pertaining to the
dispute. To that end, the parties are encouraged to cooperate in the exchange
of all pertinent information with respect to the controversy. The AAC shall
also be authorized to conduct such independent investigations into the matter
as the AAC deems appropriate. Within 20 days after the public hearing, the
AAC shall tender a written report and recommendation and mail copies to both
parties and to the Town Board.
E.
If either party to the controversy disagrees with the
AAC's report and recommendation, that party may pursue other legal remedies.
