[HISTORY: Adopted by the Town Board of the Town of Milo 2-21-2006 by L.L. No. 1-2006 (Ch. 85 of the 1997 Code). Amendments noted where applicable.]
A.
The Town Board recognizes that farming is an essential enterprise
and an important industry which enhances the economic base, natural
environment and quality of life in the Town of Milo. 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 chapter 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 agri-businesses, 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 Milo, it is necessary
to limit the circumstances under which farming may be deemed to be
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.
C.
It is also the intent of this chapter to establish an Agricultural
Advisory Committee. The purpose of this chapter is to recognize the
importance of agriculture as both a vital local economic base and
as a landform that provides the Town of Milo 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 Milo supports agriculture.
As used in this chapter, 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 for 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.
As defined in § 301(11) of the State Agriculture
and Markets Law.
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.
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 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 the health or safety of any person;
and
(6)
Conducted in a manner which does not reasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this chapter shall be construed to prohibit an aggrieved
party from recovering from 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 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 purchase
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.
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 Milo from the agricultural community,
including, but not limited to, representatives from the crop production
and dairy segments, livestock, field crop, 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 four years. Each year thereafter reappointments or new appointments
will be for a four-year term. The Town Board member shall serve and
be appointed for a one-year term.
C.
Appointments shall be from January 1 through December 31.
D.
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 review
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 (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 45 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 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
for 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.
(1)
If controversy arises between the parties, it shall be submitted
to 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.
(3)
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.
(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.
