Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Canandaigua Town Board 5-14-1998 by L.L. No. 2-1998 (Ch. 81 of the 1977 Code). Amendments noted where applicable.]
Subdivision of land — See Ch. 174.
Zoning — See Ch. 220.
This chapter shall be known as the "Town of Canandaigua Right-to-Farm Law."
It is the general purpose and intent of this chapter to maintain and preserve the rural tradition and character of the Town of Canandaigua in recognition of the fact that it makes a substantial economic contribution to the Town. The intent is to permit the continuation of the practice of farming within the Town, to protect the existence and operation of established farms, and to encourage the initiation and expansion of farming practices. In recognition of the fact that there are many practices and activities which are inherent to and necessary for the practice of farming, it is also the specific purpose and intent of this chapter 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 or restrictions.
Relevant definitions are included in Chapter 1, Article II.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person, group, entity, association, partnership or corporation will engage in any conduct, or act in any manner so as to intentionally, knowingly, and deliberately interfere with, prevent, or in any way deter the reasonable practice of farming within the Town of Canandaigua.
Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland, consistent with recognized agricultural practices, including nighttime hours of operation, are presumed to be reasonable and do not constitute a nuisance, unless the activity has a substantial adverse effect on the public health and safety. No agricultural or farming operation, place, establishment or facility shall be or shall become a nuisance as a result of changed conditions in or around the locality of such agriculture or farming operation, place or establishment.
For the purpose of reducing future conflicts between farmers and nonfarmers, it is necessary for notice to be given to future neighbors about the nature of agricultural practices. The following notice shall be included in applications for permits and on plats of subdivisions submitted for approval pursuant to Chapter 174 of the Town of Canandaigua.
"This property may be near a farm, as defined in the New York State Agriculture and Markets Law, § 301, Subsection 11. Sound farming practices may generate dust, odor, smoke, noise, and vibration."