[HISTORY: Adopted by the Town Board of the Town of Collins 2-22-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
A.
The Collins Town Board finds, declares and determines that agriculture
is vital to the Town of Collins, 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 Collins, 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 Collins 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
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 the 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 manufacturers instructions and warnings; storage,
use and application of animal feed and foodstuff; 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 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" in this section.
B.
Please note that the above definitions shall be applied to and for
the interpretation of this chapter. The above definitions shall not
be applied to other sections of the Town of Collins Municipal Code.
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 Collins at all such times and in 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 agricultural practices;
(4)
Conducted in conformity with all local, state and federal laws, ordinances
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 roadway.
C.
Nothing in this chapter shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to the failure to follow sound agricultural practice 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. 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.
