As used in this chapter, the following terms
shall have the meanings indicated:
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."
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