[HISTORY: Adopted by the Town Board of the Town of Mendon 1-8-2001 by L.L. No.
1-2001 (Ch. 97A of the 1994 Code). Amendments noted
where applicable.]
This chapter shall be known as the "Right to Farm Law of the
Town of Mendon."
A.
The Town Board of the Town of Mendon hereby finds, declares and determines
that farming is an essential activity in the Town and that 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 rural tradition and character of the Town of Mendon,
to permit the continuation of agricultural practices and the business
of farming, to protect the existence and operation of farms and to
encourage the initiation and expansion of farms and agricultural businesses;
and, 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.
E.
The Town Board finds, declares and determines that Chapter 797 of
the Laws of 1992 of the State of New York (see Agriculture and Markets
Law § 308) 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.
F.
The Town Board, in an effort to promote and foster a harmonious relationship
between the residents of the Town of Mendon, and to conserve, protect
and encourage the development and improvement of agricultural land
for the production of food and other products, hereby declares that
it shall be the policy of the Town of Mendon to provide reasonable
notice to prospective landowners that farming activities may occur
on neighboring lands.
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 Mendon 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 operation, due weight and
consideration shall be given both to traditional customs and procedures
in the agricultural industry as well as to advances resulting from
increased knowledge or improved technologies.
B.
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 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 or deliberately interfere with, prevent or
in any way deter the practice of farming within the Town of Mendon.
A.
For the purpose of giving due notice of nearby farming uses to proposed
new residential areas adjacent to unimproved land then being farmed
or suitable therefor, the Planning Board shall require any applicant
for an adjacent subdivision, as a condition of approval of such application,
to include in each and every deed conveying all or any portion of
the lands thereby subdivided the following notice to and waiver by
grantees of such present or future proximate farming uses, which provision
shall be made to run with the land:
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"The grantee hereby acknowledges notice that agricultural operations
exist throughout the Town of Mendon and that there are presently or
may in the future be uses adjacent to or in close proximity to the
within described premises. The grantee acknowledges that farmers have
the right to undertake farm practices which may generate dust, odor,
fumes, noise and vibration associated with agricultural practices,
and that these practices are permitted under the Town of Mendon Right
to Farm Law, and by acceptance of this conveyance, the grantee does
hereby waive objection to such activities."
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B.
The following notice shall appear on either the final subdivision
plat or the final site plan:
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"It is the policy of the Town of Mendon 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
ecological value. This notice is to inform prospective grantees that
the property depicted on this plat or site plan is adjacent to unimproved
land now being farmed or suitable for farming, and that farming activities
may include, but not be limited to, activities that cause noise, dust
and odors."
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C.
Noncompliance with these provisions shall not affect title to real
property nor prevent the recording of any document.
A.
Violation of any provision of this chapter shall constitute an offense
punishable by the maximum fine and/or imprisonment permitted by Town
Law § 268(1) and, in addition, violators may be ordered
to pay all costs and expenses involved in the case.
B.
In addition, an action to restrain or enjoin any violation of this
chapter may be brought in a court of competent jurisdiction by any
aggrieved entity and/or the Town of Mendon.
