HomeMy WebLinkAboutLL 2009 #2 Right to Agricultural C ,f1� .
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STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTEs-VAZQUEZ
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
September 10, 2009
1.
Kimberly N Rothman �fr®
Miller Mayer LLP � .
202 East State Street, Suite 700 • ''4 t{ 4°)Y
Ithaca NY 14850
RE: Town of BarrdyLL No. 2 2009, filed on September 4, 2009
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated on the
reference line above. Additional Local.Law filing forms may be obtained from our website:
www.dos.state.ny.us.
Sincerely,
State Records & Law Bureau
(518) 474-2755
6•Ct-V‘jj
CVW (N6L
\;33,
WWW.DOS.STATE.NY.US • E-MAIL: INFO @DOS.STATE.NY.US
VW,
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
DAVID A. PATERSON 99 WASHINGTON AVENUE LORRAINE A. CORTES-VAZQUEZ
GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF STATE
September 10, 2009
Kimberly N Rothman
Miller Mayer LLP
202 East State Street, Suite 700
Ithaca NY 14850
RE: Town of Dandy LL No. 2 2009, filed on September 4, 2009
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated on the
reference line above. Additional Local Law filing forms may be obtained from our website:
www.dos.state.ny.us.
Sincerely,
State Records & Law Bureau
(518) 474-2755
CVW
WWW.DOS.STATE.NY.US • E-MAIL:INFO @DOS.STATE.NY.US
•
OFFICIAL COPY
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
•
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of DANBY
Town
❑ Village
p.. of the year 2009
Local Law No.
Alocal law RELATED TO THE RIGHT TO ENGAGE IN AGRICIII TIIRAi
(Insert Title)
ACTIVITY IN THE TOWN OF DANRY
Be it enacted by the TOW N F()A R r) of the
(Name of legrslaa5ve Body)
❑ County
❑ City of _ ► : has fol ows:
Town
❑ Village
0
o 31009
�ow�
(IF f p-NgY
TOWN OF DANBY LOCAL LAW NO .2 of 2009 _
"A LOCAL LAW RELATED TO THE RIGHT TO ENGAGE IN AGRICULTURAL
ACTIVITY IN THE TOWN OF DANBY"
SECTION 1. Legislative Intent and Purpose
a. The Town Board of the Town of Danby finds that agricultural uses are an
essential activity in the Town of Danby, as expressed in the Town's Comprehensive Plan.
b. Agricultural uses conducted according to sound agricultural practices, as defined
herein, reinforce the special quality of life enjoyed by residents of the Town,provide the visual
benefit of open space and generate economic benefits and social well-being within the
community. Therefore,the Town of Danby emphasizes to the community that this Town
encourages agriculture and requests that the community be understanding of the nature of day to
day agricultural operations.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Rev.06/05) Page 1 of 3
c. It is the general purpose and intent of this Local Law to help maintain and
preserve the rural tradition and character of the Town of Danby, to protect the existence and
operation of farms, and to encourage the initiation and expansion of farms and agricultural uses,
where such farms and agricultural uses employ sound agricultural practices.
d. For the purpose of reducing future conflicts between agricultural and
nonagricultural uses,notice shall be given about the nature of sound agricultural practices.
e. Although the Town of Danby welcomes new agricultural enterprises,
Concentrated Animal Feeding Operations (CAFOs) as by the U.S. Environmental Protection
Agency are not appropriate for Danby.
SECTION 2. Definitions
a. "Agricultural Use" -includes the management of land for agriculture, raising of
cows,horses,pigs,poultry, and other livestock, horticulture, aquaculture, silviculture, or
orchards, including the sale of products grown or raised directly on such land, and including the
construction, alteration or maintenance of fences, agricultural roads, agricultural drainage
systems, and farm ponds.
For purposes of this local law, "Agricultural Use" also includes the raising of horses, and
equestrian facilities,which provide one or more of the following services with or without
compensation: horse-riding lessons, horse training, leasing of horses,boarding of horses, and the
sale of horses.
b. "Sound agricultural practices"- in determining whether a specific agricultural
practice is a sound agricultural practice, due consideration shall be given to existing information
and recommendations from the New York State Department of Agriculture and Markets.
c. "Concentrated Animal Feeding Operations (CAFOs)"are as defined by the U.S.
Environmental Protection Agency in Title 40, Code of Federal Regulations.
SECTION. 3. The Right to Undertake Sound Agricultural Practices
a. Any person or persons may lawfully engage in sound agricultural practices within
the Town of Danby at any and all such times and all such locations as are reasonable.
b. 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 agriculture as well as to advances resulting from increased knowledge
and improved technologies.
c. Agricultural uses shall not be found to be a public or private nuisance as long as
these uses are:
1. reasonable for the particular agricultural use;
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; and
5. sustainable, in that if they are engaged in indefinitely in their appropriate
and careful usage, would not result in the net loss of soil or cause other serious
environmental damage.
d. Nothing in this local law 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 practices, as outlined in this section.
e. Any restrictions within this local law deemed by the New York State Division of
Agriculture and Markets to be more restrictive than State law would not apply in the Agricultural
District.
SECTION 4. Disclosure Notice.
The following disclosure notice shall accompany the issuance of building permits, special
permits, the approval of site plans, and similar permits or approvals made pursuant to the Zoning
Ordinance of the Town of Danby; and on plats of subdivisions and other land divisions submitted
for approval pursuant to Town Law Section 276 and the Subdivision and Land Division
Regulations of the Town of Danby:
"This property may border an agricultural use, as defined in Town of Danby Local Law
No._of 2009, "A Local Law Related to the Right to Engage in Agricultural Activity in the
Town of Danby". Residents should be aware that anyone has the right to undertake sound
agricultural practices which may generate dust, odor, smoke,noise, and vibration."
SECTION 5. Severability
If any provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law.
SECTION 6 Effective Date
This local law shall take effect 10 days after its publication in the official newspaper of
the Town or on the date it is filed in the Office of the Secretary of State of the State of New
York,whichever is later.
•
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law.No. 2 of 2009 of
the (County)4OVown)CVage)of
N ttUU AJJ DAN BY was dul y p assed by
the
on JUN F 8 20'09 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 — in accordance with the applicable provisions of law.
•
* Elective Chief Executive Officer*nPanc or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/05) Page 2 of 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 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 • ,.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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,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 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 certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph I , above.
442
Clerk of county >•islative igity�jy, Tl own or Village Clerk or
officer designated by local legis ative body
(Seal) Date: JUNE 12, . 2009
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK TOMPK I NS
COUNTY OF
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.
L _ 1�
•
Signature TOWN ATTORNEY
The
County
CitYof DAN BY
Town
Village
Date: c1(2-(�cl
•
•
DOS-239 (Rev.05/05) Page 3 of 3
AFFIDAVIT OF PUBLICATION
The Ithaca
JOURNAL
State of New York, Tompkins County, ss:
Stacie A. Heath being duly sworn, deposes
and states aforesaid that she/he is Clerk of The Ithaca Journal
a public newspaper printed and published in Ithaca aforesaid
and that a notice of which the annexed is a true copy was published in said paper:
8/31/2009
•
Subscribed and sworn to before me this 1st day o.
September, 2009
■ otary •Pu pic
SUZANNE J. WESTON
Notary Public, State of New York
No. 4980512
Residing in Broome County
My commission expires
•
By Order of the Town
Board
Carol Sczepanski ,Town
Clerk
r TOWN OF DANBY Dated: August 28,2009
id LEGAL NOTICE
PLEASE TAKE NOTICE, Publish:August 31,2009
, that the Town Board of 8/31/2009
f Danby will hold a public
hearing on September 14,
2009 at 6:30 P.M. for a
Proposed local law enti-'
tied: A LOCAL LAW
AMENDING THE SUBDI-
I VISION AND LAND DM-
1 SION REGULATIONS OF
-THE TOWN OF DANBY
RELATED TO CLASSIFI-
CATION OF LAND DIVI-
SIONS This local law re-
3 vises the lot sizes and the
r time intervals which would
-allow certain land divisions
-to be approved by permit
Copies of the proposed
local law may be obtained
from the Town Clerk:dur-
ing regular office hours.
All persons will be heard
either in person or in wilt-
_ .... t_-----
TOWN OF DANBY
LEGAL NOTICE
PLEASE TAKE NOTICE, that the Town Board of Danby will hold a public hearing on
September 14, 2009 at 6:30 P.M. for a Proposed local law entitled: "A LOCAL LAW
AMENDING THE SUBDIVISION AND LAND DIVISION REGULATIONS OF THE TOWN
OF DANBY RELATED TO CLASSIFICATION OF LAND DIVISIONS" This local law revises
the lot sizes and the time intervals which would allow certain land divisions to be approved by
permit
Copies of the proposed local law may be obtained from the Town Clerk during regular office
hours.
All persons will be heard either in person or in writing.
By Order of the Town Board
Carol Sczepanski , Town Clerk
Dated: August 28 , 2009
Publish: August 31, 2009
„ii(Pt
Affidavit of Publication Requested II 11 V '"
N
°'(1° U
r a ` i Town Of Danby Code Enforcement Office
YL`r �j
z ° � ; ►F � " 'fi 1830 Danby Road Phone (607) 277-0799
• Ithaca NY 14850 Fax (607) 277-0559
fix Susan Beeners: Zoning/Code/Fire Enforcement
Russ Klinger: Code/Fire Enforcement
March 27, 2009
To: Edward Marx
Tompkins Co. Commissioner of Planning and Public Works
From: Susan Beeners
Code Enforcement Officer
Re: Draft Local Law—Right to Engage in Agricultural Activity in the Town of
Danby
Enclosed for purposes of General Municipal Law 239-land m review is the final draft
of this local law. Thank you for your comments on Oct. 3, 2006 and on Dec. 22, 2008
related to previous versions of this draft.
In the present draft, we have added a statement to the effect that any restrictions in the
local law deemed by the State to be more restrictive than State law would not apply in the
Agricultural District.
This is a Type II action under SEQRA.
I understand that the Comprehensive Planning Implementation Task Force has on its
work plan, the drafting of zoning amendments related to regulating CAFO's.
As per the enclosures,this draft local law is also being referred to the County
Agricultural and Farmland Protection Board.
Thank you for your consideration.
�.14 a c:
Tom" "1--77't ounty
xnn��
Of $� \tAk
DEPARTM'ENT. F PLANNING
121 EasttCouit Street
Edward C.Marx,AICP haca.,•New� k 4850
Commissioner of Planning * r Telephone(607) 274-5560
and Public Works * * Fax(607) 274-5578
April 24,2009
Ms. Susan Beeners, Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca,NY 14850-9419
Re: Review Pursuant to §239—1,-m and—n of the New York State General Municipal Law
Action: Draft Local Law—Right to Engage in Agricultural Activity,Town of Danby
Dear Ms. Beeners:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and-m of the New York State General Municipal
Law.The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-
community, or county-wide impacts.
The Department offers the following comments regarding the proposed project,which are not formal
recommendations under General Municipal Law §239-1 and—m:
• As stated in our October 2006 and December 2008 letters regarding Danby's Right-to-Farm Law,the
language in Section 1.e. is not legally binding since it is located in the section entitled `Legislative Intent'.
If it is your desire to regulate the establishment of new CAFOs outside the Agricultural Districts it should
be handled through the Town's Zoning Ordinance, as alluded to in the Town's cover letter, and strike
reference to it in the draft law.
• The term `sound agricultural practice' is defined in New York State Agriculture&Markets Law as"those
practices necessary for on-farm production,preparation and marketing of agricultural commodities,
provided such practices are legal,necessary, do not cause bodily harm or property damage off the farm, and
achieve the intended results in a reasonable and supportable way." It is necessary to determine if a practice
is"sound,"the Town may request that the New York State Department of Agriculture&Markets initiate a
sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets
Law, or any successor law as enacted or amended. You may wish to consider using the New York State
Agriculture&Markets defmition in your law.
• For added insights on how local laws such as these relate to Agricultural Districts,we encourage you to
contact John Brennan of NYSDAM at john.brennan(a,agmkt.state.ny.us or(518)457-7076 and provide him
copy of the proposed law.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx,AICP
Commissioner of Planning and Public Works
Inclusion through Diversity
TOMPKINS
COUNTY
- To N OF DANBY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
JUNE 13, 2009
Attorney Kimberly N. Rothman
Attorney at Law
Miller Mayer, LLP
202 East State Street
Seventh Floor
Ithaca, NY 14850
Dear Kim:
Enclosed is material related to the Adoption of two(2) local laws by
the Town Board of the Town of Danby on June 8, 2009.
I have enclosed the publication notice that was published in the
Ithaca Journal and copies of the passing resolutions for the local
laws.
I did not however enclose a letter. to the State as you :always send one
There are three copies of the Local Laws No's 2 and 3 of 2009 for you.
Please send me a signed copy for my files.
Thank you
C ��I
� W. Scz nski
G'[
enclosures
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com
Tompns; County
tt
If�
h
DEPART'E, NT° PLANNING
1 1 EasttCaui Street
Edward C.Marx,AICP ,thaca,-New ork 4850
Commissioner of Planning 4 * Telephone(607) 274-5560
and Public Works * * 4 ,, Fax(607) 274-5578
April 24, 2009
Ms. Susan Beeners, Code Enforcement Officer
Town of Danby
1830 Danby Road
Ithaca,NY 14850-9419
Re: Review Pursuant to §239—1,-m and—n of the New York State General Municipal Law
Action: Draft Local Law—Right to Engage in Agricultural Activity,Town of Danby
Dear Ms. Beeners:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 and-m of the New York State General Municipal
Law. The Department has reviewed the proposal, as submitted, and has determined that it has no negative inter-
community, or county-wide impacts.
The Department offers the following comments regarding the proposed project,which are not formal
recommendations under General Municipal Law §239-1 and—m:
• As stated in our October 2006 and December 2008 letters regarding Danby's Right-to-Farm Law,the
language in Section 1.e. is not legally binding since it is located in the section entitled `Legislative Intent'.
If it is your desire to regulate the establishment of new CAFOs outside the Agricultural Districts it should
be handled through the Town's Zoning Ordinance, as alluded to in the Town's cover letter, and strike
reference to it in the draft law.
• The term`sound agricultural practice' is defined in New York State Agriculture&Markets Law as"those
practices necessary for on-farm production,preparation and marketing of agricultural commodities,
provided such practices are legal,necessary, do not cause bodily harm or property damage off the farm, and
achieve the intended results in a reasonable and supportable way." It is necessary to determine if a practice
is"sound,"the Town may request that the New York State Department of Agriculture&Markets initiate a
sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets
Law, or any successor law as enacted or amended. You may wish to consider using the New York State
Agriculture&Markets definition in your law.
• For added insights on how local laws such as these relate to Agricultural Districts,we encourage you to
contact John Brennan of NYSDAM at john.brennan(u�agmkt.state.ny.us or(518)457-7076 and provide him
copy of the proposed law.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
Edward C.Marx,AICP
Commissioner of Planning and Public Works
IncCusion through Diversity
a
„ ,i, �'~
h TPA ` Town Of Danby Code Enforcement Office
kll �I 1830 Danby Road Phone (607) 277-0799
k Ithaca NY 14850 Fax (607) 277-0559
J y , i 1
7.. x , i 4:z Susan Beeners: Zoning/Code/Fire Enforcement
Kti K g { Russ Klinger: Code/Fire Enforcement
March 27, 2009
To: Edward Marx
Tompkins Co. Commissioner of Planning and Public Works
From: Susan Beeners '
Code Enforcement Officer
Re: Draft Local Law—Right to Engage in Agricultural Activity in the Town of
Danby
Enclosed for purposes of General Municipal Law 239-1 and m review is the final draft
of this local law. Thank you for your comments on Oct. 3, 2006 and on Dec. 22,2008
related to previous versions of this draft.
In the present draft, we have added a statement to the effect that any restrictions in the
local law deemed by the State to be more restrictive than State law would not apply in the
Agricultural District.
This is a Type II action under SEQRA.
I understand that the Comprehensive Planning Implementation Task Force has on its
work plan, the drafting of zoning amendments related to regulating CAFO's.
As per the enclosures,this draft local law is also being referred to the County
Agricultural and Farmland Protection Board.
Thank you for your consideration.
TOMPKINS E
COUNTY cn - ) y
Ts N OF DAN BY - TOMPKINS COUNTY
TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
August 28, 2009
Attorney Kimberly N. Rothman
Attorney at Law
Miller Mayer LLP
202 East State Street
Seventh Floor
Ithaca, NY 14850
Dear Kim:
Enclosed are three copies of the Town of Danby Local Law No. 2 of 2009 for filing. I hope the
information I have is sufficient. I have not located the material sent to the Supervisor.
Ric is out ill and I don't know when he will return. I can reach him by phone sometimes or his e-
mail. His Deputy Supervisor is Ted Jones and has been sworn into office. (Temporary?)
Sincerely,
e:Z12/i a-K-444-6-
Carol W. Sczepanski
Town Clerk
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
•
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County Cc)
❑ City of DANBY
Town O
❑ Village
2`.
Local Law No, of the year 2009
Alocal law RELATED TO THE RIGHT TO ENGAGF IN AGRICt1I TURAI
(Insert Title)
ACTIVITY IN THE TOWN OF nANRY
Be it enacted by the TOWN RnpRn of the
(Name LegtsTaiive Body)
❑ County
❑ City of DANBY as follows:
Town
❑ Village
TOWN OF DANBY LOCAL LAW NO 2 of 2009
"A LOCAL LAW RELATED TO THE RIGHT TO ENGAGE IN AGRICULTURAL
ACTIVITY IN THE TOWN OF DANBY"
SECTION 1. Legislative Intent and Purpose
a. The Town Board of the Town of Danby finds that agricultural uses are an
essential activity in the Town of Danby, as expressed in the Town's Comprehensive Plan.
b. Agricultural uses conducted according to sound agricultural practices, as defined
herein, reinforce the special quality of life enjoyed by residents of the Town, provide the visual
benefit of open space and generate economic benefits and social well-being within the
community. Therefore,the Town of Danby emphasizes to the community that this Town
encourages agriculture and requests that the community be understanding of the nature of day to
day agricultural operations.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05) Page 1 of 3
c. It is the general purpose and intent of this Local Law to help maintain and
preserve the rural tradition and character of the Town of Danby, to protect the existence and
operation of farms, and to encourage the initiation and expansion of farms and agricultural uses,
where such farms and agricultural uses employ sound agricultural practices.
d. For the purpose of reducing future conflicts between agricultural and
nonagricultural uses, notice shall be given about the nature of sound agricultural practices.
e. Although the Town of Danby welcomes new agricultural enterprises,
Concentrated Animal Feeding Operations (CAFOs) as by the U.S. Environmental Protection
Agency are not appropriate for Danby.
SECTION 2. Definitions
a. "Agricultural Use" - includes the management of land for agriculture, raising of
cows, horses,pigs,poultry, and other livestock, horticulture, aquaculture, silviculture, or
orchards, including the sale of products grown or raised directly on such land, and including the
construction, alteration or maintenance of fences, agricultural roads, agricultural drainage
systems, and farm ponds.
For purposes of this local law, "Agricultural Use" also includes the raising of horses, and
equestrian facilities,which provide one or more of the following services with or without
compensation: horse-riding lessons, horse training, leasing of horses, boarding of horses, and the
sale of horses.
b. "Sound agricultural practices"- in determining whether a specific agricultural
practice is a sound agricultural practice, due consideration shall be given to existing information
and recommendations from the New York State Department of Agriculture and Markets.
c. "Concentrated Animal Feeding Operations (CAFOs)" are as defined by the U.S.
Environmental Protection Agency in Title 40, Code of Federal Regulations.
SECTION 3. The Right to Undertake Sound Agricultural Practices
a. Any person or persons may lawfully engage in sound agricultural practices within
the Town of Danby at any and all such times and all such locations as are reasonable.
b. 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 agriculture as well as to advances resulting from increased knowledge
and improved technologies.
c. Agricultural uses shall not be found to be a public or private nuisance as long as
these uses are:
1. reasonable for the particular agricultural use;
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; and
5. sustainable, in that if they are engaged in indefinitely in their appropriate
and careful usage, would not result in the net loss of soil or cause other serious
environmental damage.
d. Nothing in this local law 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 practices, as outlined in this section.
e. Any restrictions within this local law deemed by the New York State Division of
Agriculture and Markets to be more restrictive than State law would not apply in the Agricultural
District.
SECTION 4. Disclosure Notice.
The following disclosure notice shall accompany the issuance of building permits, special
permits, the approval of site plans, and similar permits or approvals made pursuant to the Zoning
Ordinance of the Town of Danby; and on plats of subdivisions and other land divisions submitted
for approval pursuant to Town Law Section 276 and the Subdivision and Land Division
Regulations of the Town of Danby:
"This property may border an agricultural use, as defined in Town of Danby Local Law
No._of 2009, "A Local Law Related to the Right to Engage in Agricultural Activity in the
Town of Danby". Residents should be aware that anyone has the right to undertake sound
agricultural practices which may generate dust, odor, smoke, noise, and vibration."
SECTION 5. Severability
If any provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law.
SECTION 6 Effective Date
This local law shall take effect 10 days after its publication in the official newspaper of
the Town or on the date it is filed in the Office of the Secretary of State of the State of New
York,whichever is later.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 2 of 2009 of
DAN BY was duly passed by the
the (County)(C�yVVNwBOAaRD of y p y
�I UU WW BOARD on JUN F 8 20'09 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 -and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , 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 chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or orrtinarres.
DOS-239 (Rev.05/05) Page 2 of 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 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , 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 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,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 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 certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in
paragraph I , above. � wJ �jyr
Clerk of tI e-coun le islative • ' City,Town or Village Clerk or
h' 9 � tY 9
officer designated by local legis ative body
(Seal) Date: JUNE 12, . 2009
(Certification to be'executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK TOMPK I NS
COUNTY OF
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.
Signature TOWN ATTORNEY
Title
County
Cityof DAN BY
Town
Village
Date:
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DOS-239 (Rev.05/05) Page 3 of 3
MILLER MAYER, LLP v
ATTORNEYS AT LAW
R.James Miller Kimberly N.Rothman
John Moss Hinchcliff 202 East State Street, Suite 700 Nicolai Hinrichsen
Elena Salerno Flash Ithaca,New York 14850 Kristal Ozmun
Rosanne Mayer Telephone:60.7.273.4200
George R.Pfann;Jr. Fax:607.272.6694
David A.Tyler Of Counsel
Hilary T.Fraser Web:www.millermayer.com Stephen Yale-Loehr
Laurie M.Johnston knr(aa,millennayer.com
Adam R.Schaye
Carolyn S.Lee
Hayden R.Brainard,Jr.
September 2, 2009
Delivered via Certified Mail, Return Receipt Requested
Secretary of State of New York
Department of State
Bureau of State Records
41 State Street
Albany, NY 12231
Re: Town of Danby-Local Law 2 of the Year 2009
Dear Sirs and Ladies:
Enclosed for filing in your office is the original copy of Town of Danby Local Law No. 2 of
the Year 2009 entitled"A Local Law Related to the Right to Engage in Agricultural Activity in the
Town of Danby."
Please forward the receipt for filing of this Local Law directly to the Town Clerk at the
following address:
Carol W. Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca,NY 14850
I have enclosed a prepaid envelope addressed to Carol for this purpose. Please feel free
to contact me if you have any questions. I can be reached at (607) 273-4200. Thank you.
Sincerely,
t t
Kimberly N. Rothman � c' • eS
cc: Carol W. Sczepanski (w/enlcs.) ( c
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