[HISTORY: Adopted by the Town Board of the
Town of Bethel 7-10-1999 by L.L. No. 1-1999. 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 Bethel. 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 Bethel,
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, Subdivision
2, of Article 25-AA of the State Agriculture and Markets Law, including
but not limited to:
Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.[1]
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, hogs, goats, horses, poultry, ratites, such as ostriches,
emus, rheas, and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
wool-bearing animals, milk and milk products, eggs, furs and poultry
products.[2]
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.
Woody biomass, which means and includes short
rotation woody crops with small diameter stems such as poplar and
willow, but not "farm woodland" as that term is defined by this chapter.[3]
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 25-AA of the State Agriculture and
Markets Law.
As defined in § 301, Subdivision 11, in the State
Agriculture and Markets Law.
Land used for the production for sale of woodland products,
including but not limited to logs, lumber, posts and firewood. Farm
woodland shall not include land used to produce Christmas trees or
land used for the processing or retail merchandising of woodland products.[4]
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 unreasonably
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 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. Prospective residents are also informed that the location
of property within an agricultural district may impact the ability
to access water and/or sewer services for such property under certain
circumstances. Prospective purchasers are urged to contact the New
York State Department of Agriculture and Markets to obtain additional
information or clarification regarding their rights and obligations
under Article 22-AA of the Agriculture and Markets Law." This notice
shall be provided to prospective purchasers 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 disclosure notice shall be signed by
the prospective grantor and grantee prior to the sale, purchase or
exchange of such real property, and such copy shall be added 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 Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25-AA
of the State Agriculture and Markets Law.[1]
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 written decision to the parties. At the time
of the meeting, both parties shall have an opportunity to present
what each consider 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.
