[HISTORY: Adopted by the Town Board of the Town of Saugerties
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 245.
[Adopted 1-21-2009 by L.L. No. 1-2009]
A.
The Board recognizes that farming is an essential enterprise and
an important economic pursuit which enhances the economic base, natural
environment and quality of life of Saugerties. Therefore, the Town
Board of Saugerties finds and declares that this Town encourages its
agriculture and urges understanding of and cooperation with the necessary
day-to-day operations involved in farming.
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 to promote new ways to resolve disputes concerning agricultural
practices and farm operations. In order to maintain a viable farming
economy in Saugerties, 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 protection methods, and
construction and use of farm structures and fences. Does not include
"factory farm" practices such as total confinement of animals (called
"confined animal feeding operations" or CAFOs) or accumulation of
wastes over the safe absorption capacity of the property on which
a farm facility is located.
Those products as defined in § 301(2) of Article
25-AA 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 and rabbits.
Maple sap.
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 short-rotation woody crops raised
for bioenergy, and shall not include farm woodland.
Controlled environments for agricultural production.
Compost and manure.
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.
Shall be as defined in § 301(11) in the State Agriculture
and Markets Law.
Includes land used for production and sale of woodland products,
including but not limited to logs, lumber, posts and firewood.
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 such 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 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 article 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 practices, as outlined
in this section.
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:
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"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 farming activities occur within the Town. Such farming
activities may include, but not be limited to, activities that cause
noise, dust, smoke and odors."
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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 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.
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 selected from the
Town, including one representative from the County Agricultural and
Farmland Protection Board, one person from local government and one
person mutually agreed upon by both parties involved in the dispute.[1]
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 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 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 functioning 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.
