[HISTORY: Adopted by the Town Board of the Town of Orchard Park as indicated in article histories. Amendments noted where applicable.]
Flood damage prevention — See Ch. 66.
Subdivision — See Ch. 121.
Zoning — See Ch. 144.
[Adopted 4-16-2008 by L.L. No. 3-2008]
The Orchard Park Town Board finds, declares and determines that agriculture is vital to the Town of Orchard Park, New York, because: it is a livelihood and provides employment for agriservices; it provides locally produced, fresh commodities; agricultural diversity promotes economic stability; agriculture maintains open space and promotes environmental quality; and agricultural land does not increase the demand for services provided by local governments. In order to maintain a viable farming economy in the Town of Orchard Park, 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.
It is the purpose of this article to reduce the loss to the Town of Orchard Park 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.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL PRACTICES
- All activities conducted by a farmer on a farm to produce agricultural products and which are inherent and necessary to the operations 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 of farm labor, as permitted by local and state building codes and regulations, including the construction and maintenance of fences.
- AGRICULTURAL PRODUCTS
- Those products as defined in § 301(2) of Article 25-AA of the Agricultural and Markets Law.
- The land, buildings, farm residential buildings and machinery used in the production, whether for profit or otherwise, of agricultural products.
- Any person, organization, entity, association, partnership or corporation engaged in the business of agriculture, for profit or otherwise, including 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.
- GENERALLY ACCEPTED AGRICULTURAL PRACTICES
- Those practices which 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 of "agricultural practices."
Unless specifically defined, the above words or phrases used in this article shall be interpreted so as to give them meanings they have in common usage and to give this article its most reasonable application.
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 Orchard Park at all such times and in all such locations as are reasonably necessary to conduct the business of agriculture. For any agricultural practice, in determining the reasonableness of the time, place and methodology of such 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.
Agricultural practices conducted on farmland shall not be found to be a public or private nuisance if such agricultural practices are:
Reasonable and necessary to the particular farm or farm operation;
Conducted in a manner which is not negligent or reckless;
Conducted in conformity with generally accepted agricultural practices;
Conducted in conformity with all local, state and federal laws and regulations;
Conducted in a manner which does not constitute a threat to public health and safety or cause injury to the health or safety of any person; and
Conducted in a manner which does not unreasonably obstruct the free passage or use of navigable waters or public roadways.
Nothing in this article shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death.
In order to promote harmony between farmers and their new neighbors, the Town of Orchard Park requires landholders and/or their agents and assigns to provide notice to prospective purchasers and occupants as follows: "This property is within the Town of Orchard Park. It is the policy of the Town to conserve, protect and encourage the development of farm operations within our borders for the production of food and other products, and one should be aware of the inherent potential conditions associated with such purchases or residence. Such conditions may include, but are not limited to, noise, odors, fumes, dust, smoke, insects, operations of machinery during any hour, day or night, storage and disposal of plant and animal waste products, and the applications of chemical fertilizers, soil amendments, herbicides and pesticides by ground or aerial spraying or other methods. Occupying land within the Town of Orchard Park means that one should expect and accept such conditions as a normal and necessary aspect of living in such an area."
Any issue of controversy that arises which cannot be resolved directly between the parties involved, and is not addressed by other laws or regulations, may be promptly and inexpensively resolved by referral to the Town of Orchard Park Conservation Board (OPCB) for open hearing and recommendations. The OPCB will act as a grievance committee as a whole. Any controversy between the parties shall be submitted to the OPCB within 30 days of the occurrence and shall be placed on the agenda of the next OPCB meeting date.