[HISTORY: Adopted by the Town Board of the Town of Parma 6-17-2014 by L.L. No.
1-2014. Amendments noted where applicable.]
This chapter shall be known as the "Right to Farm Law of the
Town of Parma."
The provisions of this chapter shall apply to farms as defined in Chapter 165 of the Code of the Town of Parma, and agricultural operations as defined by the New York State Department of Agriculture and Markets. Applicability shall not be limited to those farms and agricultural operations which exist within agricultural districts formed pursuant to Article 25-AA of the New York State Agriculture and Markets Law.
A.
The Town Board of the Town of Parma hereby finds, declares and determines
that farming is an essential activity in the Town, an integral component
of the Town's economic base, and that its agricultural lands
are irreplaceable assets. Farming reinforces the special quality of
life enjoyed by residents of the Town, provides the visual benefit
of open space and generates economic benefits and social well-being
within the community.
B.
The Town Board finds and determines that farmers must be secure in
their ability to earn a livelihood and utilize customary farming procedures
and techniques.
C.
The Town Board further finds that whatever burden may be caused to
neighboring property owners is offset by the benefits from farming
to the Town, county and state, as well as by the preservation of open
space areas within the Town.
D.
It is the general purpose and intent of this chapter to maintain
and preserve the agricultural tradition and character of the Town
of Parma, to permit the continuation of sound agricultural practices
necessary for the business of farming, to protect the existence and
operation of farms and to encourage the initiation and expansion of
farms and agribusiness where compatible with existing land use regulations,
to promote effective and efficient means to resolve disputes which
may arise concerning agricultural practices and operations, to encourage
the use of new technology; and, in recognition of the fact that there
are many practices and activities which are inherent to and necessary
for 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.
E.
The Town Board finds, declares and determines that Article 25-AA
of the New York State Agriculture and Markets Law provides an important
foundation for achieving the right-to-farm protection sought in the
Town and that, in order to address the unique circumstances facing
agriculture in the Town, it is necessary and desirable to provide
for more comprehensive local right-to-farm protection.
A.
Farmers, as well as those employed or otherwise authorized to act
on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Parma at any and all such times and at all such
locations as are reasonably necessary to carry on an agricultural
farm operation or agricultural practices. In determining the reasonableness
of the time, place and methodology of such agricultural operation
or practice, due weight and consideration shall be given to past,
present and future management, marketing and production procedures
in the agricultural industry as well as to advances resulting from
increased knowledge or improved technologies.
B.
Agricultural management, marketing and production practices in Parma
shall be considered consistent with public policy of the Town of Parma
if such practices are: i) reasonable and necessary to the particular
farm or farm operation; ii) conducted in a manner which is not negligent
or reckless; iii) conducted in conformity with generally accepted
agricultural practices; iv) conducted in conformity with all state
and federal laws; v) conducted in such a manner which does not constitute
a threat to public health and safety or cause negligent injury to
any person; and vi) conducted in a manner which does not unreasonably
obstruct the free passage or use of navigable waters or public roadways.
Nothing in this local law shall be construed as to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death
due to negligence or recklessness.
C.
No nuisance action shall be brought against an agricultural operation
which has been engaged in permitted agricultural operations-for one
year or more prior to the date of bringing such action, where the
conditions of circumstances complained of as constituting the basis
for the nuisance action have existed substantially unchanged since
the established date of practices and are sound agricultural practices;
or, if the physical facilities of such agricultural operations are
substantially expanded or substantially altered and the expanded or
altered facility has either: 1) been in operation for one year or
more prior to the date of bringing such action, or 2) been addressed
in a nutrient management plan approved prior to the commencement of
such expanded or altered operation pursuant to (applicable) Nutrient
Management Act (regulations), and is otherwise in compliance therewith;
provided, however, that nothing herein shall in any way restrict or
impede the authority of this state from protecting the public health,
safety, and welfare or the authority of a municipality to enforce
state law. Furthermore, a farm or farm operation shall not be found
to be a public or private nuisance if the farm or farm operation existed
before a change in the land use or occupancy of land within one mile
of the boundaries of the farm land, and, if before that change in
land use or occupancy of land, the farm or farm operation would not
have been a nuisance.
D.
A farm or farm operation shall not be found to be a public or private
nuisance if the farm or farm operation alleged to be a nuisance conforms
to generally accepted agricultural best-management practices according
to policy as determined by the New York State Department of Agriculture
and Markets.
No person, group, entity, association, partnership or corporation
shall 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 Parma.
The following notice shall appear on either the final subdivision
plat or the final site plan:
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"Future homeowners in this subdivision are advised that the
Town of Parma is a rural agricultural community, and that active farms
and agricultural operations are supported and protected by state and
local Right-to-Farm Laws."
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A.
Should any controversy arise regarding any inconveniences or discomfort
occasioned by agricultural operations, including but not limited to
noises, odors, fumes, dust, the operation of machinery of any kind
during any hour of the day or night, 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 Town's Agricultural Advisory Committee
in an attempt to resolve the matter prior to the filing of any court
action.
B.
Any controversy submitted to the Agricultural Advisory Committee
shall be submitted 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 controversy shall be presented to the Agricultural Advisory Committee
by written request of one of the parties within the time specified.
D.
The effectiveness of the Agricultural Advisory 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.
E.
The decision of the Agricultural Advisory Committee shall be advisory
only and nonbinding on either party.
F.
Every effort shall be made to resolve disputes through the Agricultural
Advisory Committee; however, disputes related to properties within
Agricultural Districts formed pursuant to Article 25-AA of the New
York State Agriculture and Markets Law may be referred to the Monroe
County Agricultural Protection Board.
G.
In accordance with New York State Agriculture and Markets Law § 308-a,
in any nuisance action brought in which a farm or farm operation is
alleged to be a nuisance, if the defendant farm or farm operation
prevails, the court shall award from the plaintiff to the farm or
farm operation the actual amount of costs and expenses determined
by the court to have been reasonably incurred by the farm or farm
operation in connection with the defense of the action, together with
reasonable and actual attorney fees.
