[Adopted 5-7-1982 by L.L. No. 2-1982]
A.
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.
B.
Among the benefits of agriculture are an available
food supply, economic prosperity, preservation of environmental quality
and the maintenance of our unique rural character.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
