Geodatabases of Vector 2-ft Contours for Albany County
2-ft contours for Albany County derived from 2008 LIDAR data are now available for download on the New York State GIS Clearinghouse website
LOCAL LAW NO. “E” FOR 2007
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ENACTING A RIGHT-TO-FARM LAW
BE IT ENACTED by the Legislature of the County of Albany as follows:
SECTION 1. Legislative intent and purpose.
The Albany County Legislature hereby recognizes that small and large farms are an integral component of the County’s economic base; productive agricultural soil is an irreplaceable asset; and agriculture contributes to the economic diversity, environmental quality and overall quality of life in Albany County. Through this local law, this Legislature also declares that it is the policy of Albany County to promote effective communication between farm and non-farm neighbors resulting in a shared understanding of the value of the agricultural enterprises to Albany County and the necessary day-to-day operations involved in farming.
It is the general purpose and intent of this Local Law to maintain and preserve the agricultural traditions of Albany County; to permit the continuation of sound agricultural practices necessary for the operation of farms; to encourage the initiation and expansion of farms and agribusinesses where it is compatible with existing land use regulations; and to promote effective and efficient means to resolve disputes which may arise concerning agricultural practices and farm operations.
SECTION 2. Definitions.
a. Agricultural and Farmland Protection Board – The board formally appointed by the Albany County Legislature according to Article 25AA section 302 of NYS Agriculture and Markets Law.
b. Farmland – Any single or multiple, contiguous, or non-contiguous parcel or parcels that are being used for agricultural farm operations or upon which agricultural practices are being utilized or upon which agricultural farm operations or agricultural practices may be established or utilized in the future.
c. Agricultural Products –Those products including but not limited to:
d. Farmer – 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.
e. Farm operation – The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products including a “commercial horse boarding operation” as a commercial enterprise, with $2,000 or more in annual gross sales.
f. Agricultural Practices – 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, nutrient management, proper use of agricultural chemicals, and other crop protection methods, and construction and use of farm structures and fences.
SECTION 3. Right to Farm Declaration.
Farmers, and those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this county at all times and at all such locations as are reasonable and 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 and whether the practice is reasonable and necessary, conducted in accordance with generally accepted agricultural practices and not a threat to public health.
SECTION 4. Nuisance.
Agricultural practices conducted on farmland shall not be found to be a public or private nuisance if such agricultural practices are:
SECTION 5. Notification to Real Estate Buyers.
Lands in agricultural districts; disclosure.
When any purchase and sales contract is presented for the sale, purchase, or exchange of real property located in Albany County partially or wholly within an agricultural district established pursuant to the provisions of Agriculture and Markets Law Section 310 of Article twenty-five-AA or within 500 feet of an Agricultural District, the prospective grantor shall present to the prospective grantee a disclosure notice which states the following: "It is the policy of Albany County 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 disclosure notice is to inform prospective buyers that the property they are about to acquire lies partially or wholly within an Agricultural District or within 500 feet of an Agricultural District and that farming activities occur within the area. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors. Prospective buyers are also informed that the location of property may impact the ability to access water and/or sewer services for such property under certain circumstances.”
SECTION 6. Resolution of Disputes.
In order to maintain a viable farming economy in Albany County, 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.
This process is intended to resolve disputes between farmers and non-farming neighbors through a mutual understanding of each other’s needs, concerns, and desires so that both parties are afforded due property rights.
SECTION 7. Severability.
If any article, section, subsection, paragraph, phrase or sentence of this local law is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof.
SECTION 8. Precedence.
The Local Law and its provisions are in addition to all other applicable laws, rules and regulations.
SECTION 9. Effective Date.
This local law shall take effect immediately.
Referred to Conservation and Improvement Committee. 4/9/07
On roll call vote the following voted in favor: Messrs. Aidala, Aylward, Mss. Barlette, Benedict, Messrs. Beston, Burke, Carman, Clay, Clenahan, Clouse, Collins, Commisso, Ms. Connolly, Messrs. Cunningham, Dawson, Domalewicz, Ethier, Gordon, Hoblock, Horstmyer, Houghtaling, Infante, Joyce, Ms. Maffia-Tobler, Messrs. Mayo, McCoy, Ms. McKnight, Messrs. Monjeau, Morse, Nichols, Ms. Prentiss, Messrs. Reilly, Shafer, Steck, Tunny, Ward, Mss. Wiley and Willingham - 38.