§ 167-85. Right to engage in agricultural practices.

A. 

Any owner or possessor of real property covered by this chapter, as well as those employed, retained or otherwise authorized to act on behalf of such individual, may lawfully engage in agricultural practices, farm-direct marketing and agricultural tourism within the Town of Malta at any and all such times and in all locations as are reasonably necessary to conduct agriculture. For any agricultural practice, 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 technology.

B. 

There shall exist a presumption that no agricultural use that conforms to all relevant federal, state or local statutes, rules and regulations or ordinances and which does not pose a direct threat to public health and safety shall constitute a public nuisance, nor shall any such use be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.

C. 

The Planning Board and Zoning Board of Appeals shall ensure that the Town follows required procedures from New York State Agriculture and Markets Law 25AA, §§  305 and 305-a, prior to all zoning, subdivision and site plan approvals in and within 500 feet of a designated New York State agricultural district. All requirements, including the notice of intent, agricultural impact statement, and review of the application by the Saratoga County Agriculture and Farmland Protection Board, shall be followed. The Town shall ensure that local planning approvals recognize the policy and goals of the New York State Agricultural Districts Law and avoid unreasonable restrictions on farm operations with such districts. Furthermore, site plan review shall not be required for allowed agricultural uses as defined herein.