With this article the Town of Cato reaffirms the Agricultural and Open Space Goal set forth in the Town of Ira and Cato Joint Community Comprehensive Plan which states that: "The Towns of Ira and Cato will strive to maintain the viability of agriculture within the community as an integral part of the local economy and an important land use activity to sustain future generations." In pursuit of this goal, the Town Board makes it the policy of the Town of Cato to encourage an environment supportive of agricultural operations and to discourage conflicts that can result from non-farmers living in close proximity to active agricultural operations.

It is the general purpose and intent of this article to encourage farming and agricultural commerce as a means to protect rural character and open space, to ensure that agriculture continues as the primary economic activity in the community, to treat farming as a business and as the primary land use in the community, to encourage a supportive business climate for agricultural commerce, to provide special support to those Cato farmers who choose to engage in the practice of sustainable agriculture, and to discourage fragmentation of currently active and potentially active farmland for other land uses.

Further, the Town finds that when nonagricultural land uses extend into agricultural areas, agricultural operations may become the subject of nuisance suits or legal actions restricting agricultural operations. As a result, agricultural operations are sometimes curtailed. Investments in farm improvements may be discouraged. In addition to the aforementioned general purpose, it is the purpose of this article to reduce the loss to the Town of its agricultural resources by promoting a timely, equitable and local means of conflict resolution relating to allegations of agricultural nuisance.

Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within the Town of Cato at all such times and in all such locations as are reasonable 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 and improved technologies.

Agricultural practices conducted on farmland shall not be found to be a public nuisance if such agricultural practices are:

Nothing in this article shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death due to a failure to follow sound agricultural practice, as outlined in this section.

The legislative intent and purposes of this article shall be taken into consideration by each Town officer and/or board in processing any application requesting rezoning, site plan approval and/or special use permit approval when the property which is the subject of such application is located within one mile of an existing farm. Such Town officer and/or board shall, as part of its review of such application, determine whether appropriate and reasonable conditions may be prescribed or required, which would further the purposes and intent of this article as part of an approval of the application. Such appropriate and reasonable conditions shall be determined on a case-by-case basis.

Should any controversy arise regarding any inconveniences or discomforts occasioned by agricultural operation, including, but not limited to, noise, odors, fumes, dust, the operation of machinery, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and/or pesticides, the parties shall be referred to the New York State Agricultural Mediation Program. If the dispute is not appropriate for mediation, or if the parties are unable to reach an agreement, then the parties should submit the controversy to the resolution committee as set forth below in an attempt to resolve the matter prior to the filing of any court action.

Any controversy between the parties may be submitted to the Agricultural Advisory Committee, whose decision shall be advisory only, within 45 days of the date of the occurrence of the particular activity giving rise to the controversy or of the date a party became aware of the occurrence unless the parties attempted mediation first. If the parties attempted mediation then the controversy may be submitted to the Agricultural Advisory Committee within 30 days of the failure of mediation.

The effectiveness of the Agricultural Advisory Committee as a forum for resolution of grievances 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.

The controversy shall be presented to the Committee by written request of one of the parties within the time limits prescribed above. Thereafter, the committee may investigate the facts of the controversy but must, within 30 days, hold a meeting to consider the merits of the matter and within 20 days of the meeting must render a written decision to the parties. At the time of the meeting, both parties shall have an opportunity to present what each party considers to be the pertinent facts.

In order to promote harmony between farmers and their neighbors, the Town requires land holders and/or their agents and assigns to comply with § 310 of Article 25AA of New York 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 of 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, or partially or wholly adjacent to areas where, farm operations take place, and that farming activities occur within the district and within these other areas. Such farming activities might include, but not be limited to, activities that cause noise, dust, and odors." This notice shall be provided to prospective purchasers of property within an agricultural district or on property with boundaries within 500 feet of an agricultural district or a farm operation that might be located outside a designated agricultural district. A copy of this notice shall be included by the seller or seller's agent as an addendum to the purchase and sale contract at the time an offer to purchase is made.