[HISTORY: Adopted by the Town Board of the Town of Delaware
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
[Adopted 9-20-2000 by L.L. No. 2-2000]
A.
The Town Board recognizes farming is an essential enterprise and
an important industry which enhances the economic base, natural environment
and quality of life in the Town of Delaware (hereinafter the "Town").
The Town Board further declares that it shall be the policy of this
Town to encourage agriculture and foster understanding by all residents
of the necessary day-to-day operations involved in farming so as to
encourage cooperation with those practices.
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 operations of farms, to encourage the initiation and expansion
of farms and agribusinesses and to promote new ways to resolve disputes
concerning agricultural practices and farm operations. In order to
maintain a viable farming economy in the Town of Delaware, 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 production methods, and
construction and use of farm structures.
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, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation,
whether dug or transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short-rotation woody crops raised for bioenergy.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
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.
As defined in § 301(11) in the State Agriculture
and Markets Law.
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 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, research
and improved technologies.
B.
Agricultural practices conducted on farmland shall not be found to
be a public or private nuisances 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 reasonably obstruct the fee
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 practice, as outlined
in this section.
In order to promote harmony between farms 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.
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 a 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 by the
Town Board, as the need arises, including one representative from
the farm community, one person trained in dispute mediation techniques,
and one person mutually agreed upon by the parties involved in the
dispute.
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. Therefore
after 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.
F.
Any reasonable costs associated with the function 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.