[HISTORY: Adopted by the Town Board of the
Town of Fort Edward: Art. I, 9-14-1992 as L.L. No. 2-1992. Amendments noted where applicable.]
[Adopted 9-14-1992 as L.L. No. 2-1992]
This Article shall be known as the "Right To
Farm Law of the Town of Fort Edward."
A.
It is the general purpose and intent of this Article
to maintain and preserve the rural tradition and character of the
Town of Fort Edward, to permit the continuation of the business of
farming within the town and to protect the existence and operation
of farming businesses, consistent with the declared policy of the
State of New York in Article XIV of the State Constitution and further
enumerated in Agriculture and Markets Law Article 25-AA and within
this Article.
B.
The Town Board finds, declares and determines that,
in order to maintain agriculture as the town's and New York State's
largest industry, farmers must be afforded protection allowing them
the right to farm.
C.
Since World War II, there has been a trend toward
urban expansion into suburban and rural areas. Increased populations
in rural areas often change the character of the community. Farming
near other land uses may generate neighborhood conflicts. Generally
accepted farming practices may aggravate those who do not understand
agricultural methods. Neighbors may complain about odors, noise, dust,
vibration and the presence of slow-moving vehicles. In some cases,
residents may file a nuisance suit against agricultural practices.
D.
It shall be the declared policy of the Town of Fort
Edward to ensure farmers the right to conduct generally accepted farm
practices in order to remain viably solvent.
E.
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 Article
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. The Town
Board further finds that the continued maintenance and growth of farming
are essential elements in the economic stability of the Town of Fort
Edward and so declares that agriculture is one of the preferred and
dominant land uses. An additional purpose is to promote a good neighbor
policy between agricultural and nonagricultural residents of the town
and to encourage farmers to be considerate, responsible and careful
with their practices so as to minimize the effect on others as much
as possible.
F.
It is the general purpose and intent of this Article
to maintain and preserve the rural tradition and character of the
Town of Fort Edward, to permit the continuation of the business of
farming within the town, to protect the existence and operation of
established farms and to encourage the initiation and expansion of
farming businesses.
G.
Currently, the Town of Fort Edward is located within
the agricultural districts of Washington County and is committed to
the continued practice of preserving as well as expanding agricultural
districts and in general farming within the Town of Fort Edward, within
or without agricultural districts.
A.
Unless specifically defined below, words and phrases
used in this Article shall be interpreted so as to give them the meanings
they have in common usage and to give this Article its most reasonable
application.
B.
AGRICULTURAL DISTRICT
FARMER
FARMING PRACTICES
FARM PRODUCTS
GENERALLY ACCEPTED AGRICULTURAL BEST MANAGEMENT PRACTICES
PERSON
TOWN
As used in this Article, the following terms shall
have the meanings indicated:
Any person, organization, entity, association, partnership
or corporation engaged in the business of agriculture, whether for
profit or otherwise, including but not limited to the cultivation
of land; the raising of crops; the raising of livestock, poultry,
fur-bearing animals or fish; the harvesting of timber; or the practicing
of horticulture or apiculture.
Any legal activity engaged in by a farmer in connection with
the furtherance of the business of farming, including but not limited
to the collection, transportation, distribution and storage of animal
and plant wastes; the storage, transportation and use of equipment
for tillage, planting and harvesting, the transportation, storage
and use of legally permitted fertilizers and limes, insecticides,
herbicides and pesticides in accordance with the manufacturer's instructions;
and the construction of farm structures, fences and facilities as
permitted by local and state building codes and regulations.
Those plants and animals useful to human beings, including
but not limited to forages and sod crops; gains and seed crops; dairy
and dairy products; poultry and poultry products; livestock, including
breeding and grazing; fruits; vegetables; flowers; seeds; grasses;
trees; fish; apiaries; equine or other similar products; or any other
products which incorporate the use of food, feed, fiber or fur.
Those practices including but not limited to operation of
farm equipment; production, processing and marketing of farm products;
proper use of legal agricultural chemicals and other crop-protection
methods; and construction and use of farm structures, including such
structures used for agricultural labor, as defined by the Commissioner
of Agriculture and Markets after consultation with and approval by
the State Advisory Council on Agriculture. The Commissioner and the
Council shall give due consideration to existing New York State Department
of Agriculture and Markets information and written recommendations
from the New York State College of Agriculture experiment station
in cooperation with the United States Department of Agriculture Soil
and Conservation Service and the Agricultural Stabilization and Conservation
Service, the Department of Environmental Conservation and other professional
and industry organizations. Such practices may be defined on a case-by-case
basis.
An individual, corporation, partnership, association or other
legal entity.
The Town of Fort Edward.
A.
Farmers, as well as those employed by or otherwise
authorized to act on behalf of farmers, may lawfully engage in farming
practices within the Town of Fort Edward at any and all such times
and at all such locations as are reasonably necessary to conduct the
business of farming.
B.
For any activity or operation, in determining the
reasonableness of the time, place and methodology of such operation,
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.
A.
The Town of Fort Edward, County of Washington, State
of New York and the United States Government shall not exercise any
of their powers to enact local laws or ordinances within the Town
of Fort Edward, both within agricultural districts and without agricultural
districts, in a manner which would unreasonably restrict or regulate
(farm structures or farming practices) generally accepted agricultural
best management practices, as defined by the Commissioner after consultation
with and approval by the State Advisory Council on Agriculture and
the State Soil and Water Conservation Committee, in contravention
of the purposes of the act, unless such restrictions or regulations
bear a direct relationship to the public health or safety.
B.
No person, group, entity, association, partnership
or corporation will engage in any conduct or act in any manner so
as to unreasonably, intentionally, knowingly and/or deliberately interfere
with, prevent or in any way deter the practice of farming within the
Town of Fort Edward. Such actions may constitute an offense, punishable
by law with a fine of not less than twenty-five dollars ($25.) nor
more than one hundred fifty dollars ($150.) for each day's violation
or continuance of a violation.
C.
In addition, an action to restrain or enjoin any violation
of the Article may be brought in a court of competent jurisdiction
by any person and/or the Town of Fort Edward aggrieved by such violation.
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 Department
of Agriculture and Markets, generally accepted by the State Advisory
Council on Agriculture and the State Soil and Water Conservation Committee
and revised as considered necessary by the Department of Agriculture
and Markets with the approval of the Advisory Council on Agriculture
and the State Soil and Water Conservation Committee.
A.
Conveyance of real property adjoining lands eligible
to receive an agricultural assessment within agricultural districts.
Prior to entering into a contractual agreement or as part of the contractual
agreement or purchase and sales agreement for the conveyance of any
real property adjoining lands eligible to receive an agricultural
assessment pursuant to Article 25-AA of the Agriculture and Markets
Law, the prospective grantor shall deliver to the prospective grantee
an affidavit which states the following:
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THIS PROPERTY IS ADJACENT TO PROPERTY USED FOR
AGRICULTURAL PRODUCTION. IT IS THE POLICY OF THE TOWN OF FORT EDWARD
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. FARMERS RETAIN THE
LEGAL RIGHT TO CONDUCT GENERALLY ACCEPTED AGRICULTURAL BEST MANAGEMENT
PRACTICES REGARDING THE OPERATION OF FARM EQUIPMENT; PRODUCTION, PROCESSING
AND MARKETING OF FARM PRODUCTS; PROPER USE OF LEGAL AGRICULTURAL CHEMICALS
AND OTHER CROP-PROTECTION METHODS; AND CONSTRUCTION AND USE OF FARM
STRUCTURES. THIS NOTICE IS TO INFORM PROSPECTIVE RESIDENTS THAT THESE
AGRICULTURAL ACTIVITIES MAY GENERATE TEMPORARY DUST, NOISE, ODOR AND
VIBRATION.
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B.
If an adjoining parcel of property is currently farmed yet outside the agricultural district, this notification requirement is recommended but not mandatory, and Subsection C within this section is not applicable.
C.
Notwithstanding any provision of law to the contrary, a failure to comply with the provisions of Subsection A of this section shall, at the option of the prospective grantee, render any contractual agreement between the prospective grantee and the prospective grantor relative to such lands null and void, provided that the prospective grantor declares such contractual agreement null and void prior to the actual conveyance by deed of such lands to the grantee.
A.
Intent.
(1)
It is the intent of this Article, pursuant to the
powers of the Municipal Home Rule Law, General Municipal Law and Town
Law, to supersede any Washington County law, New York State law or
federal law and its rules and regulations when in conflict with the
policy and statement regarding this Right To Farm Law.
(2)
Furthermore, it is the intent of this Article to preempt
state and/or federal land use legislation, regulations and policies
when said legislation and policies and regulations conflict with the
purposes, intent and objectives of this Article, specifically New
York State Department of Conservation and United States Park Agency
rules and regulations.
(3)
This Article does not intend to preempt or supersede
the federal floodplain and stormwater regulations.
B.
Pursuant to the authority provided in § 22
of the Municipal Home Rule Law, provisions of the New York State Public
Health Law are hereby changed and superseded by this Article insofar
as they apply to farming practices, as defined herein, within the
Town of Fort Edward.
(1)
Public Health Law § 1300-a shall not apply.
(2)
Public Health Law § 1300-c shall be changed
to read as follows: "Notwithstanding any other provisions of law,
farming practices shall not be considered a public or private nuisance,
provided that such farming practices are consistent with the best
management practices or generally accepted farming practices which
are undertaken in conformity with federal, state and local laws, ordinances,
rules or regulations which do not unreasonably restrict such practices
in contravention of the purposes of this Article or the purposes of
Article 25-AA of the Agriculture and Markets Law."
The Town of Fort Edward will require the Fort
Edward Planning Board to record the following notation on all plats/mylars
on any subdivision project (minor or major), mobile home park or site
plan project approved by the Planning Board within the Town of Fort
Edward. Furthermore, the Town of Fort Edward will require the grantor
within an approved subdivision, approved site plan or approved mobile
home park to incorporate this language in any subsequent conveyance
by deed or other means.
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THIS PROPERTY IS WITHIN THE TOWN OF FORT EDWARD.
IT IS THE POLICY OF THE TOWN TO CONSERVE, PROTECT AND ENCOURAGE THE
DEVELOPMENT AND IMPROVEMENT OF FARM OPERATIONS WITHIN OUR BORDERS
FOR THE PRODUCTION OF FOOD AND OTHER PRODUCTS, AND ONE SHOULD BE AWARE
OF THE INHERENT POTENTIAL CONDITIONS ASSOCIATED WITH SUCH PURCHASE
OR RESIDENCE.
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SUCH CONDITIONS MAY INCLUDE BUT ARE NOT LIMITED
TO NOISE; ODORS; FUMES; DUST; SMOKE; INSECTS; OPERATION OF MACHINERY
DURING ANY HOUR, DAY OR NIGHT; STORAGE AND DISPOSAL OF PLANT AND ANIMAL
WASTE PRODUCTS; AND THE APPLICATION OF CHEMICAL FERTILIZERS, SOIL
AMENDMENTS, HERBICIDES AND PESTICIDES BY GROUND OR AERIAL SPRAYING
OR OTHER METHODS. OCCUPYING LAND WITHIN THE TOWN OF FORT EDWARD MEANS
THAT ONE SHOULD EXPECT AND ACCEPT SUCH CONDITIONS AS A NORMAL AND
NECESSARY ASPECT OF LIVING IN SUCH AN AREA.
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A.
Any issue or controversy that arises which cannot
be resolved directly between the parties involved and is not addressed
by other laws or regulations may be promptly and inexpensively resolved
by referral to the Local Grievance Committee.
(1)
The Grievance Committee shall be appointed by the
Town Board and will consist of five (5) members. At least three (3)
of these members shall be residents of the Town of Fort Edward. Two
(2) of the three (3) will be from an agricultural-related business,
and the other shall be from a nonagricultural-related background.
Selection of the remaining two (2) members may be at large from within
Washington County, such as a county extension agent or other county
official. The original appointments shall have terms of two (2) for
one (1) year, two (2) for two (2) years and one (1) for three (3)
years. Thereafter, members will be appointed annually for three-year
terms.
(2)
Any controversy between the parties shall be submitted
to the Grievance Committee within thirty (30) days of the date of
the occurrence of the particular activity giving rise to the controversy
or of the date a party becomes aware of the occurrence.
(3)
The parties will recognize the value and importance
of full discussion and complete presentation and agreement concerning
all pertinent facts in order to eliminate any misunderstandings. The
parties will cooperate in the exchange of pertinent information concerning
the controversy.
(4)
The controversy shall be presented to the Committee
by written request of one (1) of the parties within the time limits
specified. Thereafter, the Committee may investigate the facts of
the controversy but must, within thirty (30) days, hold a meeting
to consider the merits of the matter and within ten (10) days of the
meeting render a written decision to the parties. At the time of the
meeting, both parties shall have the opportunity to present what each
considers to be pertinent facts.
B.
Town Board procedures.
(1)
The controversy between the parties shall be submitted
to the Town Board upon written agreement of both parties.
(2)
The Town Board shall review the controversy with a
report submitted from the proceedings of the Grievance Committee.
Within twenty (20) days of the written request, the Town Board shall
render a written decision to the parties.
