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(a) Disclosure by subdivider. The subdivider of any property located within one thousand (1,000) feet of land zoned for agricultural use shall disclose through a notation on the final plat of the subdivision, and within its covenants, if prepared, and through the recordation of a separate acknowledgment statement, the presence of agricultural and appurtenant uses in the proximity of the subdivision through the following, or similar, statement:

"The property(ies) within this subdivision is (are) located within 1,000 feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from such operations, including but not limited to, the storage and disposal of manure, the application by spraying or otherwise of agricultural chemical fertilizers, soil amendments, herbicides and pesticides, cultivation, plowing, spraying, pruning, harvesting, crop protection, shipping and processing, and the operation of machinery of any kind during any 24-hour period (including aircraft) which may generate dust, smoke, light, noise, odor and traffic. The Town of Frederick has determined that inconvenience and discomforts associated with such agricultural operations shall not be considered a nuisance if such operations are consistent with the accepted customs and standards. Residents/occupants of property(ies) within this subdivision should be prepared to accept such inconvenience or discomfort as normal and necessary to agricultural operations."

(b) Disclosure prior to issuance of building permits. Where a new building intended for human occupancy is to be on property that is within one thousand (1,000) feet of land zoned for agricultural use, the owners of the property shall, prior to issuance of a building permit, be required to sign and record a statement in a form similar to that set forth in Subsection (a) above. In lieu of signing the statement required above, the owner may submit evidence that the statement set forth in Subsection (a) above has been made part of subdivision documents creating the parcel on which the building is to be constructed. (Ord. 711 § 1, 2003)