[HISTORY: Adopted by the Town Board of the
Town of North Greenbush 12-9-2004 by L.L. No. 7-2004. Amendments noted where
applicable.]
This chapter shall be known as the "Right to
Farm Law of the Town of North Greenbush."
It is the general purpose and intent of this
chapter to maintain and preserve the rural tradition and character
of the Town of North Greenbush, to permit the continuation of the
business of farming within the Town, to protect the existence and
operation of established farms and to encourage the initiation and
expansion of farming businesses. In recognition of the fact that there
are many practices and activities which are inherent to and necessary
for the business of farming, it is the specific purpose and intent
of this chapter to attain the aforementioned goals and objectives
by providing that such practices and activities may proceed and be
undertaken free of unreasonable and unwarranted interference or restrictions.
It is further the intent of this chapter to encourage sound practices
of farming within the Town, to enhance farming and public safety,
and to promote harmony among its farmer and nonfarmer residents.
A.
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meanings
they have in common usage and to give this chapter its most reasonable
application.
B.
FARM
FARMER
FARMING
As used in this chapter, the following terms shall
have the meanings indicated:
A parcel of land devoted to agriculture, crop growing, pasturage,
horticulture, forestry, and/or stock raising, including dairy, poultry
and stock farms.
Any person, organization, entity, association, partnership
or corporation engaged in the operation of a farm as hereinabove defined.
Any activity conducted, carried out or engaged in by or on
behalf of a farmer which is necessarily or reasonably related or incidental
to the operation of a farm and which is otherwise compliant with the
laws, rules, regulations and restrictions of the United States, the
State of New York and the County of Rensselaer which may now or hereafter
exist and be in force and effect and with the presently existing local
laws, ordinances, rules and regulations of the Town of North Greenbush.
A.
Farmers, as well as those employed, retained or otherwise
authorized to act on behalf of farmers, may lawfully engage in farming
practices within the Town of North Greenbush at any and all such times
and at such locations as are reasonably necessary to conduct the business
of farming. For any farming activity or operation, in determining
the reasonableness of the time, place and methodology of such operation,
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 technology.
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 all local, state, and
federal laws and regulations;
(4)
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
(5)
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.
No person, group, entity, association, partnership
or corporation will engage in any conduct or act in any manner so
as to unreasonably, intentionally, knowingly and deliberately interfere
with, prevent or in any way deter the practice of farming within the
Town of North Greenbush.
A.
In order to promote harmony between farmers and their
neighbors, the Town hereby requires land holders and/or their agents
and assigns to comply with § 333-c of the New York Real
Property Law and § 310 of Article 25-AA of the New York
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 Town
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."
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B.
This notice shall be provided to prospective purchasers
of property within an agricultural district within the Town 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.
Farmers, as well as those employed, retained
or otherwise authorized to act on behalf of farmers shall at all times
conduct their operations consistent with local zoning and land use
laws, § 305 of the New York Agriculture and Markets Law,
and such other laws which may reasonably govern the business of agriculture.
Sound farming practices shall include proper fencing and other measures
necessary to deter livestock from exiting farm properties into roadways
(thereby causing a public safety hazard) as well as practical measures
to ensure that open storage of farm equipment and farm products is
kept a safe distance from roadways and complies with all applicable
zoning and land use laws of the Town concerning setbacks.
A violation of this chapter is an offense, punishable
by a fine of not less than $25 nor more than $250. Further, each day's
violation or each day's continuance of a violation shall constitute
a separate offense. In addition, an action to restrain or enjoin any
violation of this chapter may be brought in a court of competent jurisdiction
by any person aggrieved by such violation.
This chapter and the proscriptions and penalties
set forth herein are in addition to and not in lieu of all other applicable
laws, rules and regulations, which are therefore continued in full
force and effect and unaffected by this chapter. Conversely, this
chapter is not intended to contradict or contravene any law, rule,
regulation, restriction or proscription of the United States, the
State of New York or the County of Rensselaer which may now or hereafter
obtain nor of the Town of North Greenbush which may exist as of the
date of adoption of this chapter. Accordingly, to the extent that
this chapter may be contrary to or inconsistent with such other legislation
or regulations, such legislation and regulations shall be deemed continued
in full force and effect and unaffected by this chapter.
