[HISTORY: Adopted by the Town Board of the Town of Milton as indicated in article histories. Amendments noted where applicable.]
Article I Right to Farm
[Adopted 6-19-1996 by L.L. No. 1-1996]
The Town Board of Town of Milton find that farming is an essential activity within Town of Milton.
Farming, as defined herein, reinforces the special quality of life enjoyed by citizens, provides the visual benefit of open space and generates economic benefits and social well-being within the community. Therefore, the Town of Milton emphasizes to newcomers that this Town encourages its agriculture and requests newcomers to be understanding of the necessary day to day operations.
It is the general purpose and intent of this article to maintain and preserve the rural tradition and character of Town of Milton 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.
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.
As used in this article, the following terms shall have the meanings indicated:
- AGRICULTURAL PRACTICES
- Includes all activities conducted on a farm, necessary to the operation of a farm.
- Includes livestock, dairy, 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 commodities.
Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Milton at any and all such times and all such locations as are reasonably necessary to conduct the business of farming. For any activity or operation, 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.
The following notice shall be included in building permits and on plats of subdivisions submitted for approval pursuant to Town Law § 276: "This property may border a farm, as defined in Town Law. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibration."