A.
The Concord Town Board finds, declares and determines
that agriculture is vital to the Town of Concord, New York, because
it is a livelihood and provides employment for agri-service; 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 Concord, 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 operation or are discouraged from making
investments in agricultural improvements.
B.
It is the purpose of this article to reduce the loss
to the Town of Concord 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.
A.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
RESOLUTION COMMITTEE
As used in this article, 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 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
a farm labor as permitted by local and state building codes and regulations;
including the construction and maintenance of fences.
Those products as defined in Section 301(2) of Article 25-AA
of the Agriculture and Markets Law.
The land, 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.
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."
Made up of the Chairman of the Conservation Board or designee,
and a member of one other standing committee of the Town designated
by the Town Supervisor.
B.
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.
A.
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 Concord 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.
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 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 or cause injury to the health or
safety of any person; and
(6)
Conducted in a manner which does not unreasonably
obstruct the free passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit
any aggrieved party from recovering damages for bodily injury or wrongful
death due to failure to follow sound agricultural practices, as set
forth in this section.
The legislative intent and purposes of this
article shall be taken into consideration by each Town officer and/or
board in processing any application requesting rezoning, subdivision
approval, temporary conditional permit approval, site plan approval
and/or special use permit approval when the property which is the
subject of such application is located within one mile of an existing
farm. Such Town officer and/or board shall, as part of its review
of such application, determine whether appropriate and reasonable
conditions may be prescribed or required which would further the purposes
and intent of this article as part of an approval of the application.
Such appropriate and reasonable conditions shall be determined on
a case-by-case basis and may include, but not be limited to, requiring
declaration, deed restrictions and/or covenants which run with the
land which would notify future purchasers and owners of the subject
property that owning and occupying such property might expose them
to certain discomforts or inconveniences resulting from the conditions
associated with agricultural practices and operations in the Town.
A.
Should any controversy arise regarding any inconveniences
or discomforts occasioned by agricultural operations, including, but
not limited to, noise, odors, fumes, dust, the operation of machinery,
the storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides
and/or pesticides, the parties may submit the controversy to the resolution
committee as set forth below in an attempt to resolve the matter prior
to the filing of any court action.
B.
Any controversy between the parties may be submitted
to the resolution committee, whose decision shall be advisory only,
within 30 days of the date of the occurrence of the particular activity
giving rise to the controversy or of the date a party became aware
of the occurrence.
C.
The effectiveness of the resolution committee as a
forum for resolution of grievances 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.
D.
The controversy shall be presented to the committee
by written request of one of the parties within the time limits prescribed
above. Thereafter, the committee may investigate the facts of the
controversy but must, within 30 days, hold a meeting to consider the
merits of the matter and within 20 days of the meeting must render
a written decision to the parties. At the time of the meeting, both
parties shall have an opportunity to present what each party considers
to be the pertinent facts.
