[HISTORY: Adopted by the Town Board of the Town of Malta 11-9-2011 by L.L. No. 11-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
86, Farming, adopted 8-5-1996 by L.L. No. 2-1996.
A.
Whereas
Malta has a very diverse farming community, the Town Board of the
Town of Malta affirms that agriculture is vital to the Town of Malta,
New York. It is a livelihood that provides employment and locally
produced fresh food and commodities. Agricultural diversity promotes
economic stability and agriculture maintains open space and promotes
environmental quality. In order to encourage a viable farming economy
and community in the Town of Malta, farmers must be afforded protection
allowing them the right to farm.
B.
It
is the general purpose and intent of this chapter to maintain and
preserve rural traditions and characteristics of the Town of Malta,
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. In order to maintain
a diverse farming community, Malta affirms that agricultural practices
inherent to and necessary for farming 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 which are feasible, lawful, inherent, necessary,
reasonable, normal, safe, and typical to the industry or unique to
the products as they pertain to the on-farm production, processing
and marketing of agricultural products. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop protection methods, manure
application, composting and construction and use of farm structures,
fences and roadside stands.
Include, but are not limited to, the following:
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.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, equids (e.g., horses, donkeys), poultry, camelids (e.g., llamas,
alpacas), ratites (e.g., ostriches, emus), farmed deer or buffalo,
fur-bearing animals, wool-bearing animals, milk, cheese, eggs and
furs.
Apiary (beekeeping) operations.
Woodland products, including maple sap, logs, lumber, posts
and firewood.
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.
Woody biomass, that is, short rotation woody crops raised for
bioenergy, but not including farm woodland.
Horse boarding operations.
Agriculturally related accessory uses, that are subordinate
to the growing of crops or the raising of livestock, designed to bring
the public to the farm on a temporary or continuous basis, such as
U-pick farm sales, retail sales of farm products, farm mazes, pumpkin
patches, farm animal viewing and petting, wagon rides, farmland and
facility tours, horticulture nurseries and associated display gardens,
cider pressing, classes or workshops or wine or cheese tasting.
Land, farm buildings and equipment used for the production,
preparation and marketing of agricultural products such as livestock,
dairy, equine, poultry, fur-bearing animal, aquaculture, apiculture,
fruit, vegetable and field crop farms, plantations, orchards, nurseries,
greenhouses or other similar operations used primarily for the raising
of agricultural or horticultural products or commercial boarding operations.
A use that shall be considered ancillary to farms including
the sale of agricultural products by farmers directly to consumers
at farm stands, roadside stands and farmers' markets.
Any person, organization, entity, association, partnership,
limited-liability corporation or corporation engaged in agricultural
practices, for profit or otherwise.
A.
Farmers, as well as those employed, retained, or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices,
farm direct marketing and agricultural tourism within the Town of
Malta at any and all such times and in all such locations as are reasonably
necessary to conduct agriculture, provided that such practices are
legal under the laws and ordinances of the Town of Malta and the State
of New York. For any 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 farming industry as well as to advances resulting from increased
knowledge and improved technologies.
B.
The Town of Malta's Agriculture and Open Space Protection Committee,
with consultation of individuals with special expertise in the areas
of dispute resolution or agricultural production such as New York
State Department of Agriculture and Markets, Cornell Cooperative Extension,
Saratoga County Soil and Water Conservation District shall, as requested,
assist the Town Code Enforcement Officer or other parties involved
in a dispute regarding agricultural practices, listening to the parties
involved and providing input to help facilitate a mutually acceptable
settlement.
C.
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 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.
A.
The legislative intent and purpose (§ 86-1) of this chapter shall be taken into consideration by each Town officer and/or board in processing applications requesting rezoning, site plan approval, variances and/or special use permits. As part of the application and review process of such applications, it shall be determined whether appropriate and reasonable conditions may be prescribed or required, which would further the purposes and intent of this chapter. Such appropriate and reasonable conditions shall be determined on a case-by-case basis and may include, but not be limited to, requiring declarations, 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.
B.
Town boards and officers shall solicit advice from the Town's
Agricultural and Open Space Committee regarding land use actions that
are reasonably likely to impact a farm or farm activities. The Agricultural
and Open Space Committee shall present advice relating to the desirability
of such action, including advice as to the potential impacts to farming
and farm resources and potential standards for mitigating such detrimental
impacts to agriculture. In the event that action is taken by Town
boards or officers who have failed to solicit advice from the Town's
Agricultural and Open Space Committee as required by this chapter
(e.g., issuance of a building permit; granting of site plan approval;
passage of a local law), such action shall not be invalid, but upon
request of the Town's Agricultural and Open Space Committee within
six months of that action, that action may be reconsidered by the
Town board or officer which took the action and, to the extent that
no person shall be injured by having relied upon such action in good
faith, that action may be reformed or amended to comply with the mandates
of this chapter.
In order to promote harmony between farmers and their neighbors,
the Town shall include the following notice in the information packet
given to all persons making application for building permits or appearing
before the Town Planning Board, the Zoning Board of Appeals, or the
Town Board for a planned development district: "It is the policy of
this community to conserve, protect and encourage the development
and improvement of agricultural land for the production of food and
other agricultural products or services and also for its natural and
ecological value. This notice is to inform applicants that farming
activities occur within the Town of Malta. Such farming activities
may include, but not be limited to, activities that cause noise, dust,
smoke and odors."
