[HISTORY: Adopted by the Town Board of the Town of Clarence 12-17-2003
by L.L. No. 14-2003. Amendments noted where applicable.]
A.
The Clarence Town Board finds, declares and determines
that agriculture is vital to the Town of Clarence, New York, because it is
a livelihood and provides employment for agriservice; provides locally produced,
fresh commodities; agricultural diversity promotes economic stability; agriculture
maintains open space and promotes environmental quality; and agricultural
land does not increase the demand for services provided by local governments.
In order to maintain a viable farming economy in the Town of Clarence, farmers
must be afforded protection allowing them the right to farm. When nonagricultural
land uses extend into agricultural areas, agricultural operations may become
the subject of nuisance suits. As a result, agricultural operations are sometimes
forced to cease operation or are discouraged from making investments in agricultural
improvements.
B.
It is the purpose of this chapter to reduce the loss
to the Town of Clarence of its agricultural resources by limiting 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.
A.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
RESOLUTION COMMITTEE
As used in this chapter, the following terms shall have
the meanings indicated:
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, processing and marketing of agricultural products,
including, but not limited to, the collection, transportation, distribution,
storage, and land application of animal wastes; storage, transportation and
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 manufacturers' 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
by local and state building codes and regulations; including the construction
and maintenance of fences.
Those products as defined in § 301, Subdivision 2, of Article
25-AA of the Agriculture and Markets Law.
The land, buildings, and machinery used in the production, whether
for profit or otherwise, of agricultural products.
Any person, organization, entity, association, partnership, or corporation
engaged in the business of agriculture, for profit or otherwise, including
the cultivation of land, the raising of crops, or the raising of livestock,
poultry, fur-bearing animals, or fish, the harvesting of timber or the practicing
of horticulture or apiculture.
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."
Shall be made up of the Chairman of the Conservation Board or designee,
and a member of one other standing committee of the Town designated by the
Town Supervisor.
B.
Unless specifically defined, the above words or phrases
used in this chapter shall be interpreted so as to give them meanings they
have in common usage, and to give this chapter it most reasonable application.
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 Clarence at all such times and in all such locations
as are reasonably necessary to conduct the business of agriculture. For any
agriculture 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 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 chapter shall be construed to prohibit
an aggrieved party from recovering damages for bodily injury or wrongful death
due to failure to follow sound agricultural practices, as set forth in this
section.
The legislative intent and purposes of this chapter shall be taken into
consideration by each Town officer and/or board in processing any application
requesting rezoning, subdivision approval, temporary conditional permit approval,
site plan approval and/or special use permit approval when the property which
is the subject of such application is located within one mile of an existing
farm. Such Town officer and/or board shall, as part of its review of such
application, determine whether appropriate and reasonable conditions may be
prescribed or required which would further the purposes and intent of this
chapter as part of an approval of the application. Such appropriate and reasonable
conditions shall be determined on a case-by-case basis and may include, but
not be limited to, requiring declaration, deed restrictions and/or covenants
which run with the land which would notify future purchasers and owners of
the subject property that owning and occupying such property might expose
them to certain discomforts or inconveniences resulting from the conditions
associated with agricultural practices and operations in the Town.
A.
Should any controversy arise regarding any inconveniences
or discomforts occasioned by agricultural operation, 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 may
submit the controversy to the Resolution Committee as set forth below in an
attempt to resolve the matter prior to the filing of any court action.
B.
Any controversy between the parties may be submitted
to the Resolution Committee whose decision shall be advisory only, within
30 days of the date of the occurrence of the particular activity giving rise
to the controversy or of the date a party became aware of the occurrence.
C.
The effectiveness of the Resolution Committee as a forum
for resolution of grievances 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.
D.
The controversy shall be presented to the Committee by
written request of one of the parties within the time limits prescribed above.
Thereafter, the Committee may investigate the facts of the controversy but
must, within 30 days, hold a meeting to consider the merits of the matter
and within 20 days of the meeting must render a written decision to the parties.
At the time of the meeting, both parties shall have an opportunity to present
what each party considers to be the pertinent facts.
