[HISTORY: Adopted by the Town Board of the
Town of Liberty 4-17-2006 by L.L. No. 3-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 147.
A.
The Town Board recognizes farming is an essential
enterprise and an important industry, which enhances the economic
base, natural environmental and quality of life in the Town of Liberty
(hereinafter the "Town"). The Town Board further declares that it
shall be the policy of this Town to encourage agriculture and foster
understanding by all residents of the necessary day-to-day operations
involved in farming so as to encourage cooperation with those practices.
B.
It is the general purpose and intent of this chapter
to maintain and preserve the rural traditions and character of the
Town, to permit the continuation of agricultural practices, to protect
the existence and operations of farms, to encourage the initiation
and expansion of farms and agri-businesses and to promote new ways
to resolve disputes concerning agricultural practices and farm operations.
In order to maintain a viable farming economy in the Town of Liberty,
it is necessary to limit 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.
As used in this chapter, the following terms
shall have the meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop production methods, and
construction and use of farm structures.
Those products as defined in § 301, Subdivision
2 of Article 25-AA of the State Agriculture and Markets Law, including
but not limited to:
Field crops, including corn, wheat, rye, barley,
hay, potatoes and dry beans.
Fruits, including apples, peaches, grapes, cherries
and berries.
Vegetables, including tomatoes, snap beans,
cabbage, carrots, beets and onions.
Horticultural specialties, including nursery
stock, ornamental shrubs, ornamental trees and flowers.
Livestock and livestock products, including
cattle, sheep, hogs, goats, horses, poultry, llamas, ratites, such
as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo,
fur-bearing animals, milk and milk products, eggs, furs, and poultry
products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas
tree operation whether dug or transplanting or cut from the stump.
Aquaculture products, including fish, fish products,
water plants and shellfish.
Short rotation woody crops raised for bio-energy.
Production and sale of woodland products, including
but not limited to logs, lumber, posts and firewood.
Any person, organization, entity, association, partnership,
limited-liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the State Agriculture and
Markets Law.
As defined in § 301, Subdivision 11, in the State
Agriculture and Markets Law.
A.
Farmers, as well as those employed, retained, or otherwise
authorized to act on behalf of farmers, may lawfully engage in agricultural
practices within this Town at all times and 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,
research 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 and
sound 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 health or safety
of any person; and
(6)
Conducted in a manner which does not reasonably obstruct
the free passage or use of navigable waters or public roadways.
C.
Nothing in this chapter shall be construed to prohibit
an aggrieved party from recovering from damages for bodily injury
or wrongful death due to a failure to follow sound agricultural practice,
as outlined in this section.
In order to promote harmony between farms and
their neighbors, the Town requires land holders and/or their agents
and assigns to comply with § 310 of Article 25-AA of the
State Agriculture and Markets Law and provide notice to prospective
purchasers and occupants as follows: "It is the policy of this state
and this community to conserve, protect and encourage the development
and improvement of agricultural land for the production food and other
products and also for its natural and ecological value. This notice
is to inform prospective residents that the property they are about
to acquire lies partially or wholly within an agricultural district
and that farming activities occur within the district. Such farming
activities may include, but not be limited to, activities that cause
noise, dust and odors." This notice shall be provided to prospective
purchase of property within an agricultural district or on property
with boundaries within 500 feet of a farm operation located in an
agricultural district.
A.
Should any controversy arise regarding any inconveniences
or discomfort occasioned by agricultural operations which cannot be
settled by direct negotiation between the parties involved, either
party may submit the controversy to a dispute resolution committee
as set forth below in an attempt to resolve the matter prior to the
filing of any court action and prior to a request for a determination
by the Commissioner of Agriculture and Markets about whether the practice
in question is sound pursuant to § 308 of Article 25-AA
of the State Agriculture and Markets Law.
B.
Any controversy between the parties shall be submitted
to the committee within 30 days of the last date of occurrence of
the particular activity giving rise to the controversy or the date
the party became aware of the occurrence.
C.
The committee shall be composed of three members from
the Town selected by the Town Board, as the need arises, including
one representative from the farm community, one person from Town government
and one person mutually agreed upon by both parties involved in the
dispute.
D.
The effectiveness of the committee as a forum for
the resolution of disputes is dependent upon full discussion and complete
presentation of all pertinent facts concerning the dispute in order
to eliminate any misunderstandings. The parties are encouraged to
cooperate in the exchange of pertinent information concerning the
controversy.
E.
The controversy shall be presented to the committee
by written request of one of the parties within the time limits specified.
Thereafter, the committee may investigate the facts of the controversy
but must, within 25 days, hold a meeting at a mutually agreed place
and time to consider the merits of the matter and within five days
of the meeting render a written decision to the parties. At the time
of the meeting, both parties shall have an opportunity to present
what each considers to be pertinent facts. No party bringing a complaint
to the committee for settlement or resolution may be represented by
counsel unless the opposing party is also represented by counsel.
The time limits provided in this subsection for action by the committee
may be extended upon the written stipulation of all parties in the
dispute.
F.
Any reasonable costs associated with the function
of the committee process shall be borne by the participants.
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. The Town hereby declares that it would
have passed this chapter and each section and subsection, thereof,
irrespective of the fact that any one or more of these sections, subsections,
sentences, clauses or phrases may be declared unconstitutional or
invalid.
This chapter and its provisions are in addition
to all other applicable laws, rules and regulations.