[HISTORY: Adopted by the Town Board of the Town of Montour 5-8-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 175.
A.
The Town of Montour recognizes farming is an essential enterprise
and an important industry, which enhances the economic base, protects
the natural environment and quality of life, and demands minimal public
services in the Town of Montour. The Town Board further declares that
it shall be the policy of the Town of Montour to encourage agriculture
and foster understanding by all residents of the necessary day-to-day
operations involved in farming so as to encourage cooperation with
those practices.
B.
It is the general purpose and intent of this chapter to maintain
and preserve the rural traditions and character of the Town of Montour,
to permit the continuation of agricultural practices, to protect the
existence and operation of farms, to encourage the initiation and
expansion of farms and agri-businesses, and to promote new ways to
resolve disputes concerning agricultural practices and farm operations.
In order to maintain a viable farming economy in Schuyler County,
it is necessary to limit the circumstances under which farming may
be deemed to be 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.
As used in this chapter, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop production methods, composting,
and construction and use of farm structures.
Those products as defined in § 301(2) of Article
25AA 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, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs, and poultry products.
Maple sap, maple syrup and maple products, honey and apiary
products.
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.
Short rotation woody crops raised for bioenergy.
Production and sale of woodland products managed in accordance
with a current, written management plan prepared by a professional
forester. Woodland products include, but are not limited to, saw 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, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25AA of the State Agriculture and
Markets Law.
As defined in § 301(11) in the State Agriculture
and Markets Law.
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 Montour at all 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,
research 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
and forestry 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;
and
(6)
Conducted in a manner which does not reasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this chapter shall be construed to prohibit an aggrieved
party from recovering 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 of Montour requires landholders 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 disclosure notice is to inform
prospective residents that the property they are about to acquire
may lay partially or wholly within an agricultural district and that
farming activities occur within the district. Such farming activities
may include, but not be limited to, activities that cause noise, dust
and odors."
B.
Such disclosure notice shall be signed by the prospective grantor
and grantee prior to the sale, purchase or exchange of such real property.
Receipt of such disclosure notice shall be recorded on a property
transfer report form prescribed by the State Board of Real Property
Services as provided for in § 333 of the Real Property Law.
A.
Should any dispute arise regarding any agricultural operation, which
cannot be settled by direct negotiation between the parties involved,
the parties may by mutual agreement submit the matter to the Schuyler
County Agricultural and Farmland Protection Board as a request for
mediation, to attempt a resolution of the matter prior to, or alternatively
to the filing of any court action.
B.
The Chairperson of the Agriculture and Farmland Protection Board
shall, within five working days of receipt of a dispute, notify the
Agriculture and Farmland Protection Board of the nature of the dispute.
The Agriculture and Farmland Protection Board shall provide adequate
time for the exchange of pertinent facts leading to resolution of
the dispute, at the next scheduled Agriculture and Farmland Protection
Board meeting or special meeting held at the earliest time convenient
to the Board and to the parties seeking a resolution of their dispute.
C.
The effectiveness of the mediation program offered by the Agriculture
and Farmland Protection Board is dependent upon direct, full, frank
conversations and presentation of all pertinent facts concerning the
dispute. The parties are encouraged in the exchange of information
concerning the controversy, and each party shall have an opportunity
to present what each considers the pertinent facts. 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. Inasmuch as mediation dispenses with formal
rules of procedure and rules of evidence, direct participation by
the disputants, without the intervention of counsel is strongly encouraged;
but the right of any party to representation, at his or her option
and expense, shall not be impaired. Any party electing to have counsel
at the mediation shall notify the Board and the other party at least
seven days prior to the mediation. Participation in mediation is a
matter in the discretion of each party, and no party shall be compelled
to participate in mediation when he or she has elected not to have
counsel and the opposite party is represented by counsel.
D.
To encourage the use of voluntary, local mediation, the parties requesting
mediation shall stipulate, in writing, that the statements made in
mediation shall be deemed to be in the nature of settlement discussions,
and that such statements, and any agreement reached in mediation shall
not be used for evidentiary purposes in any other action or proceeding.
E.
In the event that the Agriculture and Farmland Protection Board is
unable to satisfactorily assist all parties in a reasonable period
of time, the Agriculture and Farmland Protection Board may meet in
a regular or special meeting within 20 days to provide an advisory
opinion regarding the dispute under discussion.
This chapter and its provisions are in addition to all other
applicable laws, rules and regulations.
