[HISTORY: Adopted by the Town Board of the Town of Neversink 12-10-2003 by L.L. No.
1-2003. Amendments noted where applicable.]
A.
The
Town Board recognizes farming is an essential enterprise and an important
industry which enhances the economic base, natural environment and
quality of life in the Town of Neversink. The Town Board further declares
that it shall be the policy of this Town to encourage agriculture
and foster understanding by all residents of the necessary day-to-day
operations involved in farming so as to encourage cooperation with
those practices.
B.
It
is the general purpose and intent of this chapter to maintain and
preserve the rural traditions and character of the Town, to permit
the continuation of agricultural practices, to protect the existence
and operation of farms, to encourage the initiation and expansion
of farms and agribusinesses, and to promote new ways to resolve disputes
concerning agricultural practices and farm operations. In order to
maintain a viable farming economy in the Town of Neversink, it is
necessary to limit 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 chapter, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop production methods, and
construction and use of farm structures.
Those products as defined in § 301(2) of Article
25AA of the State Agriculture and Markets Law, including but not limited
to:
Field crops, including corn, wheat, rye, barley, hay, potatoes,
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticulture specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short rotation wood crops raised for bioenergy.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
Land used in agricultural production, as defined in subdivision
four of section 301 of Article 25AA of the State Agriculture and Markets
Law.
Shall be defined in § 301(11) in the State Agriculture
and Markets Law.
A.
Farmers,
as well as those employed, retained, or otherwise authorized to act
on behalf of farmers, may lawfully engage in agricultural practices
within this Town at all times and 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, research
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 and sound 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
heath and safety or cause injury to health or safety of any person;
and
(6)
Conducted in a manner which does not reasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing
in this chapter shall be construed to prohibit an aggrieved party
from recovering from damages for bodily injury or wrongful death due
to a failure to follow sound agricultural practice, as outlined in
this section.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with § 310 of Article 25-AA of the State Agriculture
and Markets Law and provide notice to prospective purchasers and occupants
as follows: "It is the policy of this state and this community to
conserve, protect and encourage the development and improvement of
agricultural land for the production of food, and other products and
also for its natural and ecological value. This notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly within an agricultural district and that
farming activities occur within the district. Such farming activities
may include, but not be limited to, activities that cause noise, dust
and odors." This notice shall be provided to prospective purchasers
of property within an agricultural district or of property with boundaries
within 500 feet of a farm operation located in an agricultural district.
A copy of this notice shall be included by the seller or seller's
agent as an addendum to the purchase and sale contract at the time
an offer to purchase is made.
A.
Should
any controversy arise regarding any inconveniences or discomfort occasioned
by agricultural operations which cannot be settled by direct negotiation
between the parties involved, either party may submit the controversy
to a dispute resolution committee as set forth below in an attempt
to resolve the matter prior to the filing of any court action and
prior to a request for determination by the Commissioner of Agriculture
and Markets about whether the practice in question is sound pursuant
to § 308 of Article 25AA of the State Agriculture and Markets
Law.
B.
Any
controversy between the parties shall be submitted to the committee
within 30 days of the last date of occurrence of the particular activity
giving rise to the controversy or the date the party became aware
of the occurrence.
C.
The
committee shall be composed of three members from the Town selected
by the Town Board as the need arises, including one representative
from the farm community, one person from Town government and one person
mutually agreed upon by both parties involved in the dispute.
D.
The
effectiveness of the committee as a forum for the resolution of disputes
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.
E.
The
controversy shall be presented to the committee by written request
of one of the parties within the time limits specified. Thereafter,
the committee may investigate the facts of the controversy but must,
within 25 days, hold a meeting at a mutually agreed place and time
to consider the merits of the matter and within five days of the meeting
render a decision to the parties. At the time of the meeting, both
parties shall have an opportunity to present what each considers to
be pertinent facts. No party bringing a complaint to the committee
for settlement or resolution may be represented by counsel unless
the opposing party is also represented by counsel. The time limits
provided in the subsection for action by the committee may be extended
upon the written stipulation of all parties in the dispute.
F.
Any
reasonable costs associated with the function of the committee process
shall be borne by the participants.
This chapter and its provisions are in addition to all other
applicable laws, rules and regulations.