[Adopted 5-7-1982 by L.L. No. 2-1982]
It is the declared policy of the Town of East Hampton to conserve, protect and encourage the development and improvement of its agricultural land. The amendment to the Town Comprehensive Plan adopted March 3, 1982, outlines the importance of agriculture to the town, the danger to the farmers and farming resulting from continued development and means of protecting agriculture and preserving farmland.
Among the benefits of agriculture are an available food supply, economic prosperity, preservation of environmental quality and the maintenance of our unique rural character.
The continued extension of nonagricultural land uses into prime agricultural areas often results in agricultural activities being the subject of legal actions. As a result, agricultural activities are often forced to cease, while others are discouraged from undertaking agricultural improvements.
The Town Comprehensive Plan cites the enactment of a right to farm law as a means of protecting and encouraging agricultural activities. It is the purpose of this law to implement this portion of the Town Comprehensive Plan.
For the purposes of this local law, the following terms shall have the meanings indicated:
- Includes stock, dairy, poultry, fur-bearing animals, fruit, vegetables, grain and truck farms, plantations, orchards, nurseries, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.
No agricultural activities conducted on a farm shall be considered nuisances, by reason of the existence of surrounding conflicting land uses, provided that:
The agricultural activities were commenced prior to the existence of the surrounding conflicting land use, or, if such agricultural activities commenced after the existence of a conflicting land use, such agricultural activities have been in operation for more than one year.
The agricultural activities have not increased substantially in magnitude or intensity, or, if there has been an increase in the magnitude or intensity of agricultural activities, such increased activities have been in operation for more than one year.
The agricultural activities are not the cause of conditions dangerous to life or health. The agricultural activities are not conducted in a negligent or improper manner.
[Amended 5-17-2001 by L.L. No. 6-2000]
Nothing herein shall exempt farming activities, structures or other construction from compliance with any other provisions of the Town Code or of New York State law, including, without limitation, the requirements of zoning or site plan approval; building, special or other permits; certificates of occupancy; and building and fire codes.
Should any section or provision of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the local law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
This local law shall become effective immediately.