[HISTORY: Adopted by the Town Board of the Town of Ogden
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
[Adopted 6-25-2014 by L.L. No. 3-2014]
This article shall hereinafter be known and cited as the "Right-to-Farm
Law of the Town of Ogden."
A.
The Ogden Town Board finds, declares and determines that agriculture
is vital to the Town of Ogden, New York, because it serves as a livelihood
to our farmers, provides employment for our residents, while it contributes
to the economic base of the community. In addition, agricultural operations
provide locally produced fresh commodities to our citizens; maintains
our open spaces and promotes environmental quality, while limiting
the demand for services provided by local governments compared to
other land uses. In order to maintain a viable farming economy in
the Town of Ogden, 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 general purpose and intent of this article to advance the
vision and policies articulated in the Town of Ogden's Comprehensive
Plan, Agricultural and Farmland Protection Plan and the following
objectives:
(1)
To maintain and preserve the rural traditions and character of the
Town.
(2)
To permit the continuation of acceptable agricultural practices.
(3)
To protect the existence and operation of farms.
(4)
To encourage the initiation and expansion of farms and agribusinesses.
(5)
To promote new ways to resolve disputes concerning agricultural practices
and farm operations.
C.
In order to maintain a viable farming economy in Ogden, 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.
For the purpose of this article, the terms used are defined
as follows:
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 and harvesting, irrigation, fertilization and pesticide application;
storage and use of legally permitted fertilizers, limes and pesticides,
all in accordance with local, state and federal laws 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(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, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
Maple syrup.
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.
Shall be defined in § 301(11) in the State Agriculture
and Markets Law.
Includes land used for 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, the raising of livestock or the harvesting
of timber or the practicing of horticulture or apiculture.
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."
A voluntary and consensual process in which farmers and others
involved in a dispute concerning agricultural practices or farm operations,
at their discretion and with the assistance of an impartial mediator,
jointly seek to resolve differences and reach agreements.
A person who has been certified as a mediator under the guidelines
of the New York State Unified Court System community dispute resolution
centers program and is familiar with disputes involving agricultural
practices or farm operations, or a person who has equivalent qualifications
or certification.
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 such 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 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 health or safety of any person.
C.
Nothing in this article 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 practices, as outlined
in this section.
A.
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 farming activities occur within the Town.
Such farming activities may include, but not be limited to, activities
that cause noise, dust, smoke and odors. Prospective residents are
also informed that the location of property within an agricultural
district may impact the ability to access water and/or sewer services
for such property under certain circumstances. Prospective purchasers
are urged to contact the New York State Department of Agriculture
and Markets to obtain additional information or clarification regarding
their rights and obligations under Article 25-AA of the Agriculture
and Markets Law."[1]
B.
A copy of this notice shall be included as an addendum to the purchase
and sale contract at the time an offer to purchase is made.
C.
In addition, this notice shall be included in building permits and
on plats of subdivision submitted for approval pursuant to Town Law
§ 276.
A.
Should any dispute arise regarding any inconveniences or discomfort
occasioned by agricultural operations which cannot be settled by direct
negotiation between the parties involved, either party shall submit
the controversy to a dispute resolution committee as set forth below
in an attempt to resolve the matter prior to the filling 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.
If the dispute is not appropriate for mediation, or if the parties
are unable to reach an agreement, then the parties should submit the
controversy for nonbinding arbitration by a committee as set forth
below.
C.
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.
D.
The committee shall be composed of three members selected from Monroe
County, including one person from local government appointed by the
Town Board, one person mutually agreed upon by both parties involved
in the dispute and one representative from the County Agricultural
and Farmland Protection Board appointed by the Board.
E.
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.
F.
The controversy shall be presented to the 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 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.
G.
Any reasonable costs associated with the functioning 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.
