[HISTORY: Adopted by the Town Board of the Town of Stillwater 1-16-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
Zoning — See Ch. 210.
The Town Board of Stillwater, New York, finds that farming is an essential activity within the Town of Stillwater.
Farming, as defined herein, reinforces this special quality of life enjoyed by citizens, provides the visual benefit of open and generates economic benefits and social well-being within the community. Therefore, the Town of Stillwater emphasizes to newcomers that this Town encourages its agriculture and requests newcomers to be understanding of the necessary day-to-day operations.
Editor's Note: So in original.
It is the general purpose and intent of this chapter to maintain and preserve the rural tradition and character of the Town of Stillwater, 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 non-farmers, it is necessary for notice to be given to future neighbors about the nature of agricultural practices.
As used in this chapter, the following terms shall have the meanings indicated:
- AGRICULTURAL PRACTICES
- Include all activities conducted on a farm, necessary to the operation of a farm.
- Includes livestock, dairy, poultry, fur-bearing animal, aquaculture, fruit, vegetable and field crops, plantations, orchards, nurseries, greenhouses, or other similar operations used primarily for the raising of agricultural or horticultural commodities.
A person has the right to farm on any land which may be lawfully used for agricultural purposes in the Town of Stillwater, whether or not it is located in an agricultural district. An agricultural practice shall not constitute a public or private nuisance, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued upon request by the New York State Commissioner of Agriculture and Markets under § 308 of the New York Agriculture and Markets Law. Nothing in this chapter shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death.
The following notice shall be included in building permits and on plats of subdivisions submitted for approval pursuant to Town Law § 276 or Village Law 7-728:
"This property may border a farm, as defined in the Town of Stillwater Local Law No. 1 of the Year 1997. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise, and vibration."