[HISTORY: Adopted by the Town Board of the
Town of Rochester at time of adoption of Code (see Ch. 1, General
Provisions, Art. I.) Amendments noted where applicable.]
A.
The Town Board of the Town of Rochester finds that
farming is an essential activity within the Town of Rochester.
B.
Farming, as defined herein, reinforces the special
quality of life enjoyed by citizens, provides the visual benefit of
open space and generates economic benefits and social well-being within
the community. Therefore, the Town of Rochester emphasizes to newcomers
that this town encourages its agriculture and requests newcomers to
be understanding of the necessary day-to-day operations.
C.
It is the general purpose and intent of this chapter
to maintain and preserve the rural tradition and character of the
Town of Rochester, to permit the continuation of agricultural practices,
to protect the existence and operation of farms, and to encourage
the initiation and expansion of farms and agricultural businesses.
D.
For the purpose of reducing future conflicts between
farmers and nonfarmers, it is necessary for notice to be given to
future neighbors about the nature of agricultural practices.
As used in this chapter, the following terms
shall have the meanings indicated:
- AGRICULTURAL PRACTICES
- Includes all activities conducted on a farm necessary to the operation of a farm.
- FARM
- Includes livestock, dairy, poultry, furbearing animals, aquaculture, fruit, vegetable and field crop farms, plantations, orchards, nurseries, greenhouses or other similar operations used primarily for the raising of agricultural or horticultural commodities.
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 Rochester at any and
all such times and all such locations as are reasonably necessary
to conduct the business of farming. For any activity or operations,
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
technologies.
The following notice shall be included in building
permits and on plats of subdivisions submitted for approval pursuant
to Town Law § 276:
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"This property may border a farm, as defined in Chapter 75 of the Town of Rochester Code. Residents should be aware that farmers have the right to undertake farm practices which may generate dust, odor, smoke, noise and vibrations and which may involve insecticides, herbicides, pesticides, etc."
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