It is the declared policy of this Town to enhance and encourage agricultural operations within the Town. It is the further intent of this Town to provide to the residents of this Town proper notification of the Town's recognition and support, through this chapter of those persons' and/or entities' rights to farm.

Where nonagricultural land uses extend into agricultural areas or exist side by side, agricultural operations frequently become the subjects of nuisance complaints due to lack of information about such operations. As a result, agricultural operators are forced to cease or curtail their operations. Such actions discourage investments in farm improvements to the detriment of adjacent agricultural uses and the economic viability of the Town's agricultural industry as a whole. It is the purpose and intent of this chapter to reduce the loss to the Town of its agricultural industry as a whole. It is the purpose and intent of this chapter to reduce the loss to the Town of its agricultural resources by clarifying the circumstances under which agricultural operations may be considered a nuisance. This chapter is not to be construed as in any way modifying or abridging any New York State law or any other applicable provisions of state law relative to nuisances; rather it is only to be utilized in the interpretation and enforcement of the provisions of this Town law.

An additional purpose of this chapter is to promote a "good neighbor" policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or residence. Such concerns may include, but are not limited to, the noises, odors, dust, chemicals, smoke and hours of operations. It is intended that purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas.

Unless specifically defined below, worth or phrases used in this chapter shall be interpreted so as to give them meanings they have in common usage and to give this chapter its most reasonable application.

As used in this chapter, the following terms shall have the meanings indicated:

Farmers, both full-time and part-time, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Marlborough at any and all such limes 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.

It is hereby declared that agricultural activities conducted on farmland are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety.

No agricultural or farming operation, place, establishment or facility shall be or shall become a nuisance, as a result of changed conditions in or around the locality of such agricultural or farming operation, place or establishment if it was not a nuisance at the time it began operation.