17.70.110 Right to agricultural activities.
A. Purpose. The city of West Point values its rich agricultural heritage and values agricultural activities as a component of the city’s community fabric, quality of life amenities and contributions to the city. The city of West Point places value on its agricultural areas and desires to provide for the protection and preservation of agricultural activities. It is the policy of the city of West Point to preserve and protect agricultural activities and to reduce the occurrence of conflicts between agricultural activities and nonagricultural land uses and to protect the public health. It is a purpose of the city to reduce the loss of agricultural activities by limiting the circumstances under which agricultural activities may be deemed a nuisance.
It is the policy of the city to provide purchasers and tenants of nonagricultural land close to agricultural activities with notice of the city’s support for the preservation of agricultural activities and operations. An additional purpose of the notification requirement is to promote a good-neighbor policy by informing prospective purchasers and tenants of nonagricultural land of the effects associated with living close to agricultural activities and operations.
It is further the policy of the city to require all new developments adjacent to agricultural activities or operations to reduce the potential conflicts between agricultural and nonagricultural land uses.
The following issues should be used to identify any potential incompatibilities and to identify actions to minimize possible conflicts:
1. Protection of irrigation access and maintenance of ditches and canals.
2. Safety and protection of the public from ditches, canals, ponds and drainage systems.
3. Livestock movement corridor protection and safety.
4. Fencing, access, livestock safety, farm equipment ingress and egress.
5. Erosion and soil protection and conservation concerns.
6. Drainage of subdivision areas and designs to minimize the discharge or impact to agricultural lands and soils.
7. Weeds, pest and household pet controls in subdivision areas.
8. Provisions, acknowledgments and understanding by new property owners of the right of agricultural activities’ work hours and that agricultural activities’ operations may contribute to objectionable noises and odors.
9. The need and requirement for screening provisions and landscaping to reduce noise or visual impacts for adjoining uses.
10. Any other provisions that the planning commission and city council consider necessary to protect the right for agricultural activities, operations and areas.
B. Deed Restriction. As a condition of the development approval process including, but not limited to, tentative subdivision and parcel maps, use permits and rezoning and planned developments, relating to property within West Point City, an area of agricultural activity, operations or land, every transferor of such property shall insert the deed restriction recited below in the deed transferring any right, title, or interest in the property to the transferee.
Right to Agricultural Activities
Deed Restriction
The City of West Point permits operation of properly conducted agricultural activities and operations within the City.
You are hereby notified that the property you are purchasing is located within West Point City, an area of agricultural activities, agricultural operations, or agricultural land. You may be subject to inconvenience or discomfort from lawful agricultural activities or agricultural operations. Discomfort and inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operations of machinery (including aircraft) at any time during the day or night. One or more of the inconveniences described may occur as a result of agricultural operations which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Davis County Farm Bureau.
The City of West Point’s Right to Agricultural Activities Ordinance does not exempt farmers or others from compliance with law. Should a farmer or other person not comply with appropriate state, federal, or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency.
This Right to Agricultural Activities Deed Restriction shall be included in all subsequent deeds and leases for this property until such time as the property is not located within agricultural activities, agricultural operations or agricultural land.
C. Notification to Transferees. Every transferor of property subject to the notice recorded pursuant to this chapter shall provide to any transferee in writing the notice of right to agricultural activities recited below. The notice of right to agricultural activities shall be contained in each offer for sale, counteroffer for sale, agreement of sale, lease, lease with an option to purchase, deposit receipt, exchange agreement, or any other form of agreement or contract for transfer of property; provided, that the notice need be given only once in any transaction. The transferor shall acknowledge delivery of the notice and the transferee shall acknowledge receipt of the notice. The form of notice of right to agricultural activities is as follows:
Notice of Right to Agricultural Activities
The City of West Point permits properly conducted agricultural activities and agricultural operations within the City.
You are hereby notified that the property you are purchasing/leasing/renting is located within agricultural activities, agricultural operations or agricultural lands. You may be subject to inconveniences or discomfort from lawful agricultural activities or agricultural operations. Discomfort or inconvenience may include, but are not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents and/or the operation of machinery (including aircraft) at any time during the day or night.
One or more of the inconveniences described may occur as a result of agricultural operations, which are in compliance with existing laws and regulations and accepted customs and standards. If you live near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with strong rural character and an active agricultural sector.
Lawful ground rig or aerial application of pesticides, herbicides and fertilizers occur in farming operations. Should you be concerned about spraying, you may contact the Davis County Farm Bureau.
The City of West Point’s Right to Agricultural Activities Ordinance does not exempt farmers or others from compliance with law. Should a farmer or other person not comply with appropriate state, federal, or local laws, legal recourse is possible by, among other ways, contacting the appropriate agency.
By signing below, you are acknowledging receipt of this notification.
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Transferee’s Signature
Transferor’s Signature
The failure to include the foregoing notice shall not invalidate any grant, conveyance, lease, or encumbrance. This notice shall be included in every agreement for transfer entered into after the effective date of the ordinance codified in this chapter.
D. Existing Agricultural Activities. This section shall apply to all existing agricultural activities, agricultural operations and agricultural lands before the date of adoption of the ordinance codified in this chapter. [Ord. 08-17-2021B § 2 (Exh. A)].