Town of Sullivan, NY
Madison County
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[HISTORY: Adopted by the Town Board of the Town of Sullivan 4-1-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 105.
Zoning — See Ch. 275.
A. 
The Town Board of the Town of Sullivan finds that farming is an essential activity within the Town of Sullivan.
B. 
Farming reinforces the special quality of life enjoyed by citizens, provides the visual benefit of open space and generates economic benefits and social well-being within the community. Therefore, the Town of Sullivan shall emphasize to newcomers that the Town encourages its agriculture and requests newcomers to be understanding of the necessary day-to-day operations of farms and farming.
C. 
It is the general purpose and intent of this chapter to maintain and preserve the rural tradition and character of the Town of Sullivan, to permit the continuation of agricultural practices, to protect the existence and operation of farms, and to encourage the initiation and expansion agriculture and farms.
D. 
In order to attain these goals, this chapter provides that agricultural practices may proceed and be undertaken free of unreasonable and unwarranted restrictions. It is also recognized that it is desirable for farmers to be good neighbors.
E. 
For the purpose of reducing future conflicts between farmers and nonfarmers, it is necessary for notice to be given to future neighbors about the nature of agricultural practices.
This chapter shall apply to all areas within the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
AGRICULTURAL PRACTICES
Includes all generally accepted agriculture activities conducted on a farm, nursery, greenhouse, and truck garden, necessary to the operation of a farm, nursery, greenhouse, and truck garden.
AGRICULTURE
The production of agricultural products for compensation, including crops, produce, horticulture, livestock, horse boarding, and aquaculture, dairy and livestock products. The term includes the sale of products grown on such land and the necessary buildings and accessory construction such as barns, silos, and fences which are a normal part of agriculture. "Agriculture" includes farm, nursery, greenhouse, and truck garden.
FARM
Land and buildings used primarily for bona fide production of agricultural products for compensation. It includes a nursery, greenhouse, and truck garden.
FARMER
Any person, organization, entity, association, partnership, or corporation engaged in agriculture, whether for profit or otherwise.
FARMING
See "agriculture."
B. 
Also see Agriculture and Markets Law § 301.
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 Sullivan at any and all such times and all such locations as are reasonably necessary to conduct the business of farming. 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.
The following notice shall be included in building permits and on plats of subdivisions submitted for approval pursuant to Town Law § 276:
"This property borders a 'farm,' as defined in Chapter 137, Farming, of the Code of the Town of Sullivan. Residents should be aware that farmers have the right to undertake generally accepted agricultural practices which may generate dust, odor, smoke, noise, and vibration."
This chapter and the provisions set forth herein are in addition to and not in lieu of all other applicable laws, rules, and regulations which are therefor continued in full force and effect and unaffected by this chapter.