[HISTORY: Adopted by the Town Board of the
Town of Holland 11-14-2007 by L.L. No. 1-2007. Amendments noted where
applicable.]
A.Â
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this chapter, the following terms shall
have the meanings indicated:
All activities conducted by a farmer on a farm to produce
agricultural products and which are inherent and necessary to the
operation of a farm and the on-farm production, processing, and marketing
of agricultural products including, but not limited to, the collection,
transportation, distribution, storage, and land application of animal
wastes; storage, transportation, and use of equipment for tillage,
planting, harvesting, irrigation, fertilization, and pesticide application;
storage and use of legally permitted fertilizers, limes, and pesticides
all in accordance with local, state and federal law and regulations
and in accordance with manufacturers' instructions and warnings; storage,
use, and application of animal feed and foodstuffs; construction and
use of farm structures and facilities for the storage of animal wastes,
farm equipment, pesticides, fertilizers, agricultural products, and
livestock, for the sale of agricultural products, and for the use
of farm labor, as permitted by local and state building codes and
regulations, including the construction and maintenance of fences.
Those products as defined in § 301, Sudivision
2, of Article 25-AA of the Agriculture and Markets Law.
The land, buildings, farm residential buildings, and machinery
used in the production, whether for profit or otherwise, of agricultural
products.
Any person, organization, entity, association, partnership,
or corporation engaged in the business of agriculture, for profit
or otherwise, 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.
Those practices which are feasible, lawful, inherent, customary,
necessary, reasonable, normal, safe, and typical to the industry or
unique to the commodity as they pertain to the practices listed in
the definition of "agricultural practices."
B.Â
Unless specifically defined, above 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.
A.Â
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 Holland at all such times and in 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 and improved technologies.
B.Â
Agricultural practices conducted on farmland shall
not be found to be a public or private nuisance if such agricultural
practices are:
(1)Â
Reasonable and necessary to the particular farm or
farm operation;
(2)Â
Conducted in a manner which is not negligent or reckless;
(3)Â
Conducted in conformity with generally accepted agricultural
practices;
(4)Â
Conducted in conformity with all local, state and
federal laws and regulations;
(5)Â
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)Â
Conducted in a manner which does not unreasonably
obstruct the free passage or use of navigable waters or public roadways.
C.Â
Nothing in this chapter shall be construed to prohibit
an aggrieved party from recovering damages for bodily injury or wrongful
death.
If any part of this chapter is, for any reason,
held to be unconstitutional or invalid, such decision shall not affect
the remainder of this chapter.
In order to promote harmony between farmers
and their new neighbors, the Town of Holland requires the landholder
and/or his or her agents and assigns to provide notice to prospective
purchasers and occupants as follows: "This property is within the
Town of Holland. It is the policy of the Town to conserve, protect,
and encourage the development 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 purchases
or residence. 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 applications of chemical fertilizers, soil
amendments, herbicides, and pesticides by ground or aerial spraying
or other methods. Occupying land within the Town of Holland means
that one should expect and accept such conditions as a normal and
necessary aspect of living in such an area."
Any issue of 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 Holland Town Board for open hearing and recommendations.
The Holland Town Board will act as a grievance committee as a whole.
Any controversy between the parties shall be submitted to the Holland
Town Board within 30 days of the occurrence and shall be placed on
the agenda of the next Holland Town Board meeting date.
