[HISTORY: Adopted by the Town Board of the Town of Jerusalem
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
[Adopted 6-19-2013 by L.L. No. 2-2013]
A.
With this article, the Town of Jerusalem reaffirms the agricultural
and open space goal set forth in the Town's Comprehensive Plan
which states that the Town of Jerusalem will strive to maintain the
viability of agriculture within the community as an integral part
of the local economy and an important land use activity to sustain
future generations. In pursuit of this goal, the Town Board makes
it the policy of the Town of Jerusalem to encourage an environment
supportive of agricultural operations and to discourage conflicts
that can result from nonfarmers living in close proximity to active
agricultural operations.
B.
It is the general purpose and intent of this article to encourage
farming and agricultural commerce as a means to protect rural character
and open space, to ensure that agriculture continues as the primary
economic activity in the community, to treat farming as a business
and as the primary land use in the community, to encourage a supportive
business climate for agricultural commerce, to provide special support
to those Jerusalem farmers who choose to engage in the practice of
sustainable agriculture, and to discourage fragmentation of currently
active and potentially active farmland for other land uses.
C.
Further, the Town finds that when nonagricultural land uses extend
into agricultural areas, agricultural operations may become the subject
of nuisance suits or legal actions restricting agricultural operations.
As a result agricultural operations are sometimes curtailed. Investments
in farm improvements may be discouraged. In addition to the aforementioned
general purpose, it is the intent of this article to establish an
Agricultural Advisory Committee. The purpose of this article is to
recognize the importance of agriculture as both a vital local economic
base and as a landform that provides the Town of Jerusalem with much
of its rural land, rustic character and charm. The Agricultural Advisory
Committee will set up a structure for which complaints, questions
and comments about current and future farming practices can be handled
in a timely and professional manner; to aid the Town Board in keeping
abreast on current and future farming practices; establish a cooperative
relationship between all different types of farms and Town government;
to give the non-farm community comfort that their concerns and questions
can be handled without unnecessary alarm; and to reaffirm that the
Town of Jerusalem supports agriculture.
As used in this article, the following terms shall have the
meanings indicated:
Any 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.
Those parcels that the Town Assessor has identified with
a property class code in the 100's or 241. Such farm operation
may consist of one or more parcels of owned or rented land; such parcels
may be contiguous or noncontiguous to each other.
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, preparation, and marketing
of agricultural products, application of animal wastes; storage, transportation,
and proper and legal use of equipment for tillage, planting, harvesting,
irrigation, fertilization and pesticide application; storage and use
of legally permitted fertilizers, limes, and pesticides all in accordance
with local, state and federal law and regulations and in accordance
with manufacturer's instructions and warnings; storage, use and
application of animal feed and foodstuffs, construction and use of
farm structures and facilities for the storage of animal wastes, farm
equipment, pesticides, fertilizers, agricultural products and livestock,
for the sale of agricultural products, and for the use of farm labor,
as permitted.
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,
beans, and hops.
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, ratites, such as ostriches, emus, rheas and
kiwis, farmed deer, farmed buffalo, fur-bearing animals, wool-bearing
animals, such as alpacas and llamas, milk, eggs and furs.
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.
Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs and queens. For the purposes of this Subsection J, "nucs" shall mean small honey bee colonies created from larger colonies, including the nuc box, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony.
The land, buildings, farm residential buildings, and machinery
used in the production of agricultural products.
Any person engaged in the business of agriculture whether
for profit or not.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe, and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of agricultural practices and do not harm human health.
A.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Jerusalem at all such times and in 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 nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation.
(2)
Conducted in a manner that is not negligent or reckless.
(3)
Conducted in conformity with generally accepted 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.
(6)
Conduced in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
(7)
Conducted in a manner which does not degrade water quality.
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.
The legislative intent and purposes of this article shall be taken into consideration by each Town officer and/or board in processing any application requesting rezoning, site plan approval and/or special use permit approval when the property which is the subject of such application is located within 500 feet of an existing farm. Such Town officer and/or board shall give to the parties to the application the same notice as is set forth in § 82-7 of this article and obtain a written acknowledgement of receipt for it.
A.
The Agricultural Advisory Committee (hereinafter "Committee") shall
be composed of five members appointed by the Town Board as follows:
(1)
Four residents of the Town of Jerusalem from the agricultural community,
including, but not limited to, representatives from the crop production
and dairy segments, livestock, field crops, greenhouse/vegetable,
and vineyard. The members shall recommend a chairperson for appointment
by the Town Board.
(2)
One member of the Town Board shall serve as an ex-officio member.
B.
The four community members appointed to the Committee shall serve
for four-year terms. Upon initial formation one member shall be appointed
for one year, one member shall be appointed for two years, one member
shall be appointed for three years, and one member shall be appointed
for a four-year term. The Town Board member shall serve and be appointed
for a one-year term. Each year thereafter reappointments or new appointments
will be for a four-year term. Reappointments or new appointments shall
be recommended by the Advisory Committee. Terms shall be from January
first through December 31st. Members shall serve without salary.
A.
The Agricultural Advisory Committee (hereinafter "Committee") shall:
(1)
Meet annually or biannually to discuss any issues pertaining to farming
in the Town that might be of concern in the Town. These annual reviews
and recommendations shall focus on zoning, planning activities and
other actions within the county agricultural districts and the Town
agricultural zones.
(2)
Report annually to the Town Board, with copies of the report being
forwarded to the Yates County Farmland Protection Board, Yates County
Farm Bureau and possibly in the future other towns with agricultural
advisory committees.
(3)
Advise the Town Board and the County Agricultural and Farmland Protection
Board in relation to the proposed establishment, modification, continuation
or termination of any county agricultural district. The board shall
present advice relating to the desirability of such action, including
advice as to the nature of farming and farm resources within any proposed
or established area.
(4)
Review county, state and federal legislation affecting agricultural
issues and communicate the effect to the appropriate board and/or
the Town Board.
(5)
Serve as a vehicle for communication between the agricultural community,
the Town and/or the County Agricultural Farmland and Protection Board.
(6)
Submit to the Town Board an annual summary of the activities of the
Agricultural Advisory Committee.
B.
Whenever a proposed zoning, policy change or development (major residential,
business or industrial) affecting Town agricultural zoning districts
is presented to the Town Board within or contiguous to a county agricultural
district or Town agricultural zones it shall be referred to the Agricultural
Advisory Committee for review. The Agricultural Advisory Committee
shall have 30 days to respond with a recommendation(s) for the action(s).
The board shall present advice relating to the desirability of such
action, including advice as to the nature of farming and farm resources
within any proposed or established area. This recommendation(s) shall
include a determination as to whether the proposed action(s) will
have an unreasonable adverse effect on the continuing viability of
a farm enterprise or enterprises within the county or Town agricultural
districts. This recommendation(s) shall be advisory only.
C.
If any controversy arises regarding any inconveniences or discomfort
occasioned by agricultural operations, including, but not limited
to, noise, odors, fumes, dust, the operation of machinery, the storage
and disposal of manure, and the application by spraying or otherwise
of chemical fertilizers, soil amendments, herbicides and/or pesticides,
the parties shall be referred to the Agricultural Advisory Committee.
If the dispute is not appropriate for the committee, or if the parties
are unable to reach an agreement, then the parties should submit the
controversy for determination by the New York State Agricultural Mediation
Program in an attempt to resolve the matter prior to the filing of
any court action.
(1)
If controversy arises between the parties, the Advisory Committee
shall establish a Dispute Resolution 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.
(2)
The Dispute Resolution Committee shall be composed of three members
from the Town selected by the Town Board, as the need arises, including
one representative from the Agricultural Advisory Committee, one person
from Town government and one person mutually agreed upon by both parties
involved in the dispute. (Suggest someone from Cornell with expertise
in the field of the dispute may also be present.)
(3)
The effectiveness of the (Dispute Resolution) 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.
(4)
The controversy shall be presented to the Dispute Resolution 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 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.
(5)
The committee shall have no authority to incur any expense without
permission from both parties. No expense will be paid by the Town
of Jerusalem.
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." 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.
A copy of this notice shall be included by the seller or seller's
agent as an addendum to the purchase and sale contract at the time
an offer to purchase is made.
