[HISTORY: Adopted by the Town Board of the
Town of Forestburgh as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-3-2000 by L.L. No. 1-2000]
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 Forestburgh.
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 article
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 Forestburgh,
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 article, 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, Subdivision
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.
Horticultural 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 woody 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
4 of § 301 of Article 25AA of the State Agriculture and
Markets Law.
Shall be defined in § 301, Subdivision 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 health 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 article 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.
A.
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 purchase
of property within an agricultural district or on property with boundaries
within 500 feet of a farm operation located in an agricultural district.
B.
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 a determination
by the Commission 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.
Therefore after 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 this 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 article and its provisions are in addition
to all other applicable laws, rules and regulations.
