[HISTORY: [1]Adopted by the Town Board of the Town of Orchard Park as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-2008 by L.L. No. 3-2008]
A.
The Orchard Park Town Board finds, declares and determines
that agriculture is vital to the Town of Orchard Park, New York, because:
it is a livelihood and provides employment for agriservices; it provides
locally produced, fresh commodities; agricultural diversity promotes
economic stability; agriculture maintains open space and promotes
environmental quality; and agricultural land does not increase the
demand for services provided by local governments. In order to maintain
a viable farming economy in the Town of Orchard Park, farmers must
be afforded protection allowing them the right to farm. When nonagricultural
land uses extend into agricultural areas, agricultural operations
may become the subject of nuisance suits. As a result, agricultural
operations are sometimes forced to cease operations or are discouraged
from making investments in agricultural improvements.
B.
It is the purpose of this article to reduce the loss
to the Town of Orchard Park of its agricultural resources by limiting
the circumstances under which farming may be deemed to be a nuisance
and to allow agricultural practices inherent to and necessary for
the business of farming to proceed and be undertaken free of unreasonable
and unwarranted interference or restriction.
A.
AGRICULTURAL PRACTICES
AGRICULTURAL PRODUCTS
FARM
FARMER
GENERALLY ACCEPTED AGRICULTURAL PRACTICES
As used in this article, 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
operations 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(2) of Article
25-AA of the Agricultural 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.
Unless specifically defined, the above 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.
A.
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 Orchard Park 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.
Agricultural practices conducted on farmland shall
not be found to be a public or private nuisance if such agricultural
practices are:
(1)
Reasonable and necessary to the particular farm or
farm operation;
(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 the health or
safety of 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.
In order to promote harmony between farmers
and their new neighbors, the Town of Orchard Park requires landholders
and/or their agents and assigns to provide notice to prospective purchasers
and occupants as follows: "This property is within the Town of Orchard
Park. 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, operations 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 Orchard Park 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 Town of Orchard Park Conservation Board (OPCB)
for open hearing and recommendations. The OPCB will act as a grievance
committee as a whole. Any controversy between the parties shall be
submitted to the OPCB within 30 days of the occurrence and shall be
placed on the agenda of the next OPCB meeting date.
