HomeMy WebLinkAbout1997 #2(Please Use this Dorm Nor Filint; your Lout) I,11W With the Secretary of State)
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of Groton
1oIN'n .....................
YAW
Local La}i' No.... 2 .................... of (lie year 19 ... 97 ... .
A local lawt, at .acknowl edges the ri ght - to undertake agri cultural practi ces i n the Town of Groton
(Insert title) - - .. ... .
Iie it enacted by the ..............................Town Board ............................... of (lie
! (Name of !_egislati�e f)ody)
kX'XK1CY
"JOK
of ..........,Groton.....
xloIIn..................................................... as follo)ti
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SECTION 1. LEGISLATIVE INTENT AND PURPOSE
a. The Town Board of the Town of Groton finds that farming is an essential activity
within the Town of Groton.
b. Farming, as defined herein, reinforces the special quality of life enjoyed by
residents of the Town, provides the visual benefit of open space and generates economic benefits
and social well-being within the community. Therefore, the Town of Groton emphasizes to
newcomers and non -farmers that this Town encourages agriculture and requests newcomers and
non -farmers to be understanding of the nature of day to day operations.
C. It is the general purpose and intent of this Local Law to maintain and preserve the
rural tradition and character of the Town of Groton, to permit the continuation of agriculture
practices, to protect the existence and operation of farms, and to encourage the initiation and
expansion of farms and agriculture businesses.
d. For the purpose of reducing future conflicts between farmers and non -farmers, it
is important that notice to be given to future neighbors about the nature of agriculture practices.
SECTION 2. DEFINITIONS
a. "Farm" - includes livestock, dairy, poultry, furbearing animal, aquaculture, fruit,
vegetable and field crop farms, plantations, orchards, nurseries, greenhouses or other similar
operations used primarily for the raising of agricultural or horticultural commodities.
b. "Agricultural Practices" - includes all activities conducted on a farm, necessary to
the operation of a farm.
SECTION 3. THE RIGHT TO UNDERTAKE AGRICULTURE PRACTICES
Farmers, as well as those employed, retained or otherwise authorized to act on behalf of
farms, may lawfully engage in farming practices within the Town of Groton at any and all such
times and all such locations as are reasonably necessary to conduct the business of farming. For
any activity or operation, in determining the reasonableness of the time, place and methodology
of such operation, 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.
of additional space is needed, please attach sleets of the same size as this nurnbec each)
SECTION 4. NOTICE TO PROSPECTIVE NEIGHBORS
The following notice shall be included in building permits, special permits, permits
issued in Site Plan Review and in any other situation where a permit is required to be issued by
the Town of Groton and on plats or subdivisions submitted for approval pursuant to Town Law
Section 276 and the Land Use and Development Code of the Town of Groton:
"This property may border a farm, as defined in Town of Groton Local Law No. 2
of the year 1997, a Local Law known as The Right to Farm Law. Residents
should be aware that farmers have the right to undertake good or acceptable farm
practices which may generate dust, odor, smoke, noise and vibration."
SECTION 5. SEVERABILITY CLAUSE
If any part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confirmed in its operation to the part or provision or application directly involved in the
controversy in which such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances, and the Town of Groton hereby declares that it would have passed this Local Law
or the remainder thereof had such invalid application or invalid provision been apparent.
SECTION 6. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing in the office of the Secretary of
State in accordance with section twenty-seven of the Municipal Home Rule Law.
(z)
-Womplete (tie certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
1. (Final adoption by local legislath-e body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. ...2 7 ..... of 19 9 ......
CM"P�
TOWN BOARD
of [lie % of .. GROTON. _ _ .... was duly passed by the ....................BOAR ................ .
I own
Imp, (Nat»c of L egislativc Body)
Oil ... ....�.�... 19 .97.... in accordance with the applicable provisions of law.
... .. pl f
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executh•e Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed Hereto, designated as local law No. ......... of 19........
County
Cit ►
of the } of ................ was duly passed by the .............
Town (Nantc....of....................... .
t_cgislativc [)ody)
Village
not disapproved
Oil ............................. 19 ........ and was approved by the ............................
repassed after disapproval Electi-c Chicf Executke Officcr'
and was deemed duly adopted on .................................. 19 ........I in accordance with the applicable
provisions of law.
1. (Final adaption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........
County
City
of the Town of ................ was duly passes! by the .........................................
(Name or Lcgislathvc Body)
Village
not disapproved
oil ............................. 19 ........ and was approved by the ......................
repassed after disapproval Elective Chief Executivc Officcr•
Oil .................................. 19 .......... Such local law was submitted to the people by reason of a
rllaTlda(Ory
permissive
referendum, and received the affirmative vote of a majority of. the qualified electors voting
general
thereon at the special election held oil .............................19 ........I in accordance with the applicable
annual
provisions of law.
4. (Subject to perrnissh-e referendum, and final adoption because no valid petition filed requesting referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........
County
City
of the Town of ................ was duly passed by the ......................................
Village .. .
(Name of Legislative Dody)
riot disapproved
Oil ............................. 19 ........ and was approved by the ........................... .
repassed after disapproval Elective Chicf Executive Officer
Oil .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid Petition requesting such referendum having been filed, said local law was deeined duly adopted
on .............................19 ......... in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if
there be none, the chairman of the counly legislative body, the mayor of a cite or village or the supra-isor of a town where such
officer is i-ested with power to approve or veto local laws or ordinances.
(3)
5. (City, local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 36 of the Municipal Horne Rule Law, and having received the affirmative vote of a
ma'orit of the ualified electors of such cit y votin g thereon at the special election held on ........... .
y c t } general
............ 19......... became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19.........
of the County of .......... . .......... . State of New York, having been submitted to the Electors at the
General Election of November ............ . 19......, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please Provide an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and (fiat the same is a correct transcript therefrom and of the whole of such original local law, and ,tiYas
finally adopted in the manner indicated in paragraph ....1........ above.
Clerk of the County legislative body, City, Town or Village Clerk or
officer designated by local legislative body
Date.- �r�—�� Il, t7? 7
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ....................1.0-Af....
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
fY''d'nC ' $> J : ' C c til.1.d ..............................
Signature
Torn Attorney.
. ... .. ....................................
Title
Date: 11(of . Groton .............................
� Town
N � �J'►gX
(4)