[HISTORY: Adopted by the Town Board of the Town of Avon as
indicated in article histories. Amendments noted where applicable.]
[Adopted 7-31-2019 by L.L. No. 3-2019]
A.
The Town Board of the Town of Avon finds, declares and determines
that agriculture is vital to the Town of Avon, New York, for a variety
of reasons, including but not limited to:
(1)
Agriculture is a livelihood and provides employment opportunities
both on local farms and in businesses that support agriculture in
the Town of Avon;
(2)
Agriculture provides locally produced, fresh commodities for both
local consumption and for export;
(3)
Agriculture diversity promotes economic stability;
(4)
Agricultural operations in the Town of Avon maintain valued open
space and promote environmental quality; and
(5)
Agricultural land does not increase the demand for services provided
by local governments.
B.
The Town Board further finds that in order to maintain a viable farming
economy in the Town of Avon, farmers must be afforded protection allowing
them the right to farm. Nonagricultural land uses, when they are extended
into agricultural areas, may be adversely impacted by widely accepted
agricultural practices, and agricultural operations may become the
subject of nuisance suits. As a result, farm operators may be discouraged
from making the investments in equipment and capital improvements
necessary to maintain their competitiveness in the market or may be
forced to cease operation altogether.
C.
The Town Board further finds that it is important to strive for harmony
between agricultural businesses and other nonagricultural uses within
the community by providing a mechanism for communication and dispute
resolution between such differing interest during times of potential
conflict.
D.
It is the primary purpose of this article to reduce the loss to the
Town of Avon of its agricultural resources by limiting the circumstances
under which agricultural practices (as defined below) may be deemed
to be a nuisance and to allow such agricultural practices (as defined
below) inherent to and necessary for the business of farming to proceed
and be undertaken free of unreasonable and unwarranted interference
or restriction.
E.
It is a secondary purpose of this article to notify potential buyers
of property located within the Town that Avon is an agricultural community,
that agricultural practices (as defined below) will occur throughout
the Town and that such practices may cause impacts to nonagricultural
land uses, but that such impacts are a necessary consequence to protect
the various benefits of agriculture within the Town of Avon.
A.
Unless specifically defined, words or phrases used in this article
shall be interpreted so as to give them meanings they have in common
usage, and to give this article its most reasonable application.
B.
AGRICULTURAL DISPUTE RESOLUTION COMMITTEE
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM OPERATION
FARMER
As used in this article, the following terms shall have the meanings
indicated:
A committee of the Town of Avon authorized under this article
to provide a venue for resolving any issue or controversy that may
arise regarding any inconveniences or discomforts occasioned as a
result of a farm operation or small farm/homesteader, including, but
not limited to, noise, odors, fumes, dust, the operation of machinery,
the storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides
and/or pesticides. The committee shall be composed of three residents
of the Town selected by the Town Board, with each committee member
being appointed to a three-year term. The committee shall include
one representative from the agricultural community, one person from
Town government and one other person not from the agricultural community.
Any activities conducted by a farmer as part of a farm operation
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including
but not limited to construction and use of farm structures, fences
and other facilities for the housing and control of animals, storage
of crops, animal wastes, farm equipment, pesticides, fertilizers,
agricultural products; the operation of farm equipment; proper use
of agricultural chemicals and other crop protection methods; direct
sale to consumers of agricultural commodities or foods containing
agricultural commodities produced on-farm; agricultural tourism; and
the production, management and harvesting of "farm woodland," as defined
in Article 25-AA, § 301.3. of the New York State Agriculture
and Markets Law.
Those products as set forth in Article 25-AA, § 301.2.
of the New York State Agriculture and Markets Law.
The land, buildings (including residential buildings), equipment,
manure processing and handling facilities, and agricultural practices
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, all as
set forth in Article 25-AA, § 301.11. of the New York State
Agriculture and Markets Law.
A person or persons, organization, entity, association, partnership,
or corporation engaged in the agricultural practices (as defined above),
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.
A.
Farm operations, and those employed, retained, or otherwise authorized
to act on behalf of farm operations, may lawfully engage in agricultural
practices within the Town of Avon at all such times and in all such
locations as are reasonably necessary to conduct the business of agriculture.
In determining the reasonableness of the time, place and specific
approach to any specific agricultural 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 and science.
B.
Agricultural practices conducted in the Town of Avon shall not be
found to be a nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operations;
(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 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 or any person;
and
(6)
Conducted in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering damages for bodily injury or wrongful death.
A.
The intent and purposes of this article shall be taken into consideration
by each Town officer and/or board in processing any application requesting
rezoning, site plan approval and/or special use permit approval when
the property which is the subject of such application is located within
1,000 feet of the boundary of an existing farm operation as defined
herein. Such Town officer and/or board shall, as part of its review
of such application, determine whether appropriate and reasonable
conditions which would further the purposes and intent of this article
may be prescribed or required as part of an approval of the application.
B.
Such appropriate and reasonable conditions may include, but not be
limited to, requiring declarations, 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.
A.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with § 310 of Article 25-AA of the State of Agricultural
and Markets Law and provide notice to prospective purchasers and occupants
as follows:
|
"It is the policy of this state and the Town of Avon 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 notice is to inform prospective
residents that the property they are about to acquire lies 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. Prospective
residents are also informed that the location of property within an
agricultural district may impact the ability to access water and/or
sewer services for such property under certain circumstances. Prospective
purchasers are urged to contact the New York State Department of Agriculture
and Markets to obtain additional information or clarification regarding
their rights and obligations under Article 25-AA of the Agriculture
and Markets Law."
|
B.
This notice shall be provided to prospective purchasers and occupants
of property within an agricultural district or on property with boundaries
within 500 feet of a farm operation located in an agricultural district.
A copy of this notice shall be included by the seller or seller's
agent as an addendum to the purchase and sale contract at the time
an offer to purchase is made or in the event of a leasehold, at the
time a proposed lease agreement is presented to a prospective tenant.
A.
Upon the submission of a preliminary subdivision plat to the Planning
Board of the Town of Avon, pursuant to Article 16 of the Town Law
of the State of New York and the applicable subdivision regulations
of the Town, the applicant, in addition to any other requirements,
shall submit a separate statement to the Planning Board stating whether
the boundaries of the proposed subdivision are to be located partially,
wholly or within 500 feet of either an agricultural district or land
for which an individual commitment has been received pursuant to § 305
or § 306 of the Agriculture and Markets Law of the State
of New York.
B.
Upon the submission of any application for a building permit for
a multifamily residence, the applicant, in addition to any other requirements,
shall submit a statement to the Code Enforcement Officer stating whether
any portion of the proposed multifamily residential dwelling premises
is to be located partially, wholly or within 500 feet of either an
agricultural district or land for which an individual commitment has
been received pursuant to § 305 or § 306 of the
Agriculture and Markets Law of the State of New York.
C.
Should any proposed subdivision or multifamily residence be located
partially, wholly or within 500 feet of either an agricultural district
or land for which an individual commitment has been received pursuant
to § 305 or § 306 of the Agriculture and Markets
Law of the State of New York, then the following notice shall appear
on the final subdivision plat or, in the case of a multifamily residential
dwelling, on the building permit:
|
"It is the policy of this state and the Town of Avon 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 residents
that the property they are about to acquire lies partially or wholly
in, or within 500 feet of, either an agricultural district or land
for which an individual commitment has been received pursuant to § 305
or § 306 of the Agriculture and Markets Law of the State
of New York, and that farming activities occur in such district or
land. Such farming activities may include, but not be limited to,
activities that cause noise, dust and odors."
|
D.
In addition to the requirements of Subsection C of this section, it shall be required as a condition of final subdivision approval or, in the case of a building permit for a multifamily residence, as a condition of such issuance, that prior to the initial sale, purchase or exchange of any real property within any such subdivision or multifamily residence premises, the grantor shall also deliver to the prospective grantee a typewritten document containing the notice set forth in Subsection C. Further, the grantor shall incorporate said notice in any deeds wherein title to any such property is to be initially conveyed to a grantee.
A.
Should any issue or controversy arise regarding any inconveniences
or discomforts occasioned by an agricultural practice or farm operation,
including, but not limited to, noise, odors, fumes, dust, the operation
of machinery, the storage, management and application of manure, and
the application by spraying or otherwise of chemical fertilizers,
soil amendments, herbicides and/or pesticides, the parties may (but
are not required to) submit the issue or controversy to the Agricultural
Dispute Resolution Committee as set forth below in an attempt to resolve
the matter prior to the filing of any court action.
B.
Any controversy between the parties may be submitted to the Agricultural
Dispute Resolution Committee within 30 days of the last date of occurrence
of the particular activity giving rise to the controversy, or of the
date one or the other of the involved parties became aware of the
occurrence.
C.
The controversy shall be presented to the Agricultural Dispute Resolution
Committee in written form that clearly and concisely sets forth the
alleged facts of the grievance. Such written grievance shall be provided
to the other party on or about the same time it is presented to the
Committee. Thereafter, the Committee may investigate the facts of
the controversy but must, within 25 days, hold a meeting to consider
the merits of the matter, at which all parties shall be permitted
to present their respective position and any facts or evidence to
support their position. No party bringing a complaint to the Committee
for settlement or resolution may be represented by counsel unless
the opposing party is also represented by counsel. Within 10 days
after conclusion of the meeting, the Committee must render a written
decision to the parties which shall be advisory only. The time limit
provided in this subsection for action by the Committee may be extended
upon the written stipulation of all parties in the dispute.
D.
The effectiveness of the Agricultural Dispute Resolution Committee
as a forum for resolution of grievances is dependent upon full and
respectful 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.
Any reasonable costs associated with the function of the Committee
process shall be borne by the participants equally.
If any provisions of this article are held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the local law shall remain in effect.
This article shall take effect immediately upon its filing in
the Office of the Secretary of State.
