[HISTORY: Adopted by the Town Board of the Town of Union Vale 11-7-2002
by L.L. No. 5-2002 (Ch. 47 of the 1983 Code). Amendments noted where applicable.]
A.
It is hereby found and declared by the Town Board of
the Town of Union Vale that agricultural lands are irreplaceable assets. To
that end, the Town Board finds farming to be an essential activity within
the Town that greatly contributes to the economic viability of the Town. Farming
also reinforces the special quality of life enjoyed by the Town's residents,
provides the visual benefit of open space and generates economic benefits
and social well-being within the community. Therefore, the Town Board emphasizes
to both the Town's current residents and prospective newcomers to the Town
that it is the policy of this Town to conserve, protect and encourage the
development and improvement of agricultural land for both the production of
food and other products and also for its natural and ecological value.
B.
Furthermore, the Town Board hereby supports those farmers,
as well as all those employed, retained or otherwise authorized to act on
behalf of farmers, in their efforts to lawfully and responsibly engage in
the time-honored profession of farming. The Town Board hereby expresses its
support of the enactment by the State Legislature of Chapter 797 of the Laws
of 1992 of the State of New York which, among other things, added a new section
to the Agriculture and Markets Law of the State of New York by establishing
for the first time a statutory right to farm by prohibiting the commencement
of private nuisance suits against farmers who engage in sound agricultural
practices.[1]
[1]
Editor's Note: Chapter 797 of the Laws of 1992 added the following
sections to the Agriculture and Markets Law: §§ 304-b, 308, 310,
and 321 to 326.
C.
The Town Board, in an effort to promote and foster a
harmonious relationship between the residents of the Town and those who contemplate
purchasing land within the Town of Union Vale and to conserve, protect and
encourage the development and improvement of agricultural land for the production
of food and other products, hereby declares that it shall be the policy of
this Town to provide reasonable notice to prospective landowners that farming
activities may occur on neighboring lands.
A.
Upon the submission of a preliminary residential subdivision
plat or a multifamily site plan to the Planning Board of the Town of Union
Vale, pursuant to Article 16 of the Town Law of the State of New York, the
applicant, in addition to any other requirement, shall submit a separate statement,
known as an "Agricultural Data Statement," stating whether the boundaries
of the proposed residential subdivision or multifamily dwelling are to be
located partially or wholly or within 500 feet of either a Certified Agricultural
District or land for which an individual commitment has been received pursuant
to §§ 305 and 306 of the Agriculture and Markets Law of the
State of New York. Said Agricultural Data Statement shall be distributed by
the Planning Board in the manner provided under § 283 of the Town
Law.
B.
Should any proposed subdivision of multifamily dwelling
be located partially, wholly or within 500 feet of either a Certified Agricultural
District or land for which an individual commitment has been received pursuant
to §§ 305 and 306 of the Agriculture and Markets Law of the
State of New York, then the following notice shall conspicuously placed on
either the final subdivision plat or final site plan by the licensed professional
responsible for the preparation thereof:
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It is the policy of the Town of Union Vale 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 the prospective grantee that the property
he or she is about to acquire lies partially, wholly or within 500 feet of
either a Certified Agricultural District or land for which an individual commitment
has been received pursuant to §§ 305 and 306 of the Agriculture
and Markets Law of the State of New York and that farming activities to the
extent defined by the term "agriculture" under said Agricultural and Markets
Law may occur on such property. Such farming activities may include but not
be limited to activities that cause noise, dust and odors.
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C.
In addition to the requirements of Subsection B, the Planning Board shall also require as a condition of final subdivision plat or site plan approval that, prior to the initial sale, purchase or exchange of any real property within any such residential subdivision or multifamily dwelling, the grantee shall also deliver to the prospective grantor a keyboard written document containing the notice set forth in Subsection B. Further, the grantor shall incorporate said notice in any deed wherein title to any such property is to be initially conveyed to a grantee.
