[HISTORY: Adopted by the Town Board of the
Town of Stillwater 1-16-1997 by L.L. No. 1-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
A.
The Town Board of Stillwater, New York, finds that
farming is an essential activity within the Town of Stillwater.
B.
Farming, as defined herein, reinforces this special
quality of life enjoyed by citizens, provides the visual benefit of
open[1] 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.
[1]
Editor's Note: So in original.
C.
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.
D.
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:
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:
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"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."
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