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HomeMy WebLinkAboutGreenHouses 2000GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W, COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattor ney~southold.er g OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Town Board Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: July 26, 2000 Re: greenhouses For your information, please find attached a copy of letter received from the Department of Agriculture and Markets, dated July 20, 2000, concerning greenhouses. /md attachment STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 WINNERS CIRCLE ALBANY, NEW YORK 12235 Division of Agricultural Protection and {gevelopmen! Services 518 457-7076 Fax: 518 457-2716 July 20, 2000 Honorable Jean Cochran, Supervisor Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Ms. Cochran: illi JUL 2 6 2000 TOWN A~'~ C;:['~Y'S The Department received a request from Bob Van Bourgondien of C.J. VanBourgondien, Inc. to review proposed amendments to the Town's Zoning Code concerning greenhouses for compliance with § 305-a(1) of the Agriculture and Markets Law (AML). The Department reviews local laws and their administration, on a case by case basis, using standards and procedures established under State Law as a guide. While a complete copy of the Town's Zoning Code was requested and received for reference in reviewing the proposed amendments, the Department has not undertaken a comprehensive review of the Zoning Code. Pursuant to AML § 305-a, local governments are prohibited from unreasonably restricting or regulating farm operations located within a county adopted, State certified, agricultural district unless it can be shown that the public health or safety is threatened. "Farm operation" is defined in § 30-1, subd. 11, as "...the land and on-farm buildings, equipment, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise." Under. the definition of "crops, livestock and livestock products," "horticultural specialties" includes nursery stock, ornamental shrubs, ornamental trees and flowers. [AML § 301(2)(d)] We note that the Town's Zoning Law includes a "Farmland Bill of Rights" (Article XXII of the Zoning Code), which states that "farming is an essential activity within the Town of Southold," recognizes the significant benefits which farming provides to the Town and provides that "Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and town laws, rules and regulations, are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare." §100-220(B). The Department commends the Town for this recognition and protection for farmers and agricultural activities and is printed on recycled paper hopeful that the following concerns regarding the proposed amendments can be satisfactorily addressed. Based upon a review of the Town's proposed amendments to Chapter 100 of the Town Code, the Department offers the following comments: (1). § 100-31(A)(2), under "Permitted uses," states that "...there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line." If such materials, like fertilizer, are kept in a protected building, a 150-foot setback appears excessive. In addition, how would the Town classify composted manure or by-products frequently used in horticultural operations as a soil amendment? Is composted manure, for example, considered manure under the Zoning Code? In any event, the 150 feet setback appears excessive unless a health or safety need warrants it. VVhile application of a setback to a speCific farm operation would have to be examined on its own facts, a 25 to 50 feet setback would appear reasonable for storage of manure, fertilizer and other similar products. (2). Under § 100-31(A)(2)(c)(i) and (ii), minimum lot size, maximum lot coverage, setbacks, outdoor storage, and screening requirements are established for agricultural greenhouses. Establishing a minimum lot size for farm operations within a zoning district that includes land within a State certified agricultural district is problematic and may be unreasonably restrictive. The Department has not set a minimum acreage threshold for protection under AML §305-a and conducts reviews on a case-by-case basis. For example, a nursery/greenhouse operation conducted on less than 5 or 10 acres may be protected as a "farm operation" under §305-a if the operation is a "commercial enterprise" and more than a backyard garden or hobby farm. AML§301(1 '1) defines the term "farm operation" and does not include a reference to the amount of land required to be considered an agricultural business. For agricultural assessment purposes, however, AML § 301(4) states that a farm must have "land used in agricultural production" to qualify (either ten or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than 10 acres and gross sales of more than $50,000 in the preceding two years). The term "land used in agricultural production" was removed from the definition of "farm operation" in 1997 to allow the Department to cover start-up farms. (3). § 100-31(A)(2)(c)(i)(b), and (ii)(b) establish a maximum lot coverage for structures. This provision may be unreasonably restrictive as it appears that the restriction may be intended to reduce the number of structures for aesthetic purposes. It may be difficult for horticultural operations to recoup their investment in the purohase of land if they are not allowed to more fully utilize a Iot~acreage. Farm operations should be allowed the maximum use of available land, consistent with the need to protect the public health or safety. Generally, if setbacks between buildings are met and adequate space is available for interior roads, parking areas (where required), and safe operation of vehicles and equipment, health and safety concerns are not likely. (4). § 100-31(A)(2)(c)(i)(c), and (ii)(c) establish setbacks. The setback requirements for the front and back yards (300 and 50 feet without screening and 200~25 feet with screening) appear excessive.. Setbacks established for side yards (50 feet each, 100 feet combined; 25/50) appear to be more reasonable. (*Note that there appears to be an error in §100-31(A)(c)(i)(c)(iii). Is the 50/100 feet setback without screening?) The establishment of lengthy setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation is already located within, and adjacent to, the farmstead area or existing farm structures. Excessive setbacks can also increase the cost of, or make it impracticable to construct, new structures for the farm operation. Among the significant additional costs which would be imposed on farm operations by the proposed regulations are the costs associated with extending electrical service; extending water or developing a new water supply for structures; and constructing new farm roads to service the new structures (which have to be built and maintained to accommodate the weight of tractor trailers). In light of the extensive costs for farm operations to comply with such restrictions, the requirements appear unreasonably restrictive in the absence of a demonstrated health or safety concern or other overriding local condition. The proposal does not indicate how existing buildings and structures will be treated. Will they need to comply with the law as amended or will they be considered non-conforming? Even if such buildings and structures were allowed to exist as non- conforming structures, the non-conforming status would be unreasonably restrictive, as farm structures and uses should be allowed in State certified agricultural districts. (5). § 100-31(A)(2)(c)(i)(e), and (ii)(g) provide criteria for screening which is required throughout this section on "Permitted Uses." §100-31(A)(2)(c)(i)(d) and (ii)(f) require that outdoor storage of materials be located in the rear yard or screened. It appears that the screening requirements are for aesthetic purposes and not related to public health or safety. It also appears that the requirement that storage be located in the rear yard is also for aesthetics. While aesthetics are an appropriate and important consideration under zoning and planning laws, the purpose of the Agricultural Districts Law is to conserve and protect agricultural lands by promoting the retention of farmland in active agricultural use. To the extent that aesthetics requirements can be accommodated without an unreasonable restriction on a farm operation, the Department does not take issue with them. Making screening optional, with setback distances similar to those recommended for side yards, would not be unreasonable. (6). Articles VIII, IX, and X do not appear to permit farm operations which are Agricultural Greenhouses in the Limited Business (LB), Hamlet Business (HB) and General Business (GB) Districts. If land within these zoning Districts is also within a county adopted, State certified, agricultural district, the prohibition against agricultural greenhouses in such zoning districts may be unreasonably restrictive. (7) The proposal defines "Agricultural Greenhouse" as "...Greenhouses that are used solely for wholesale agricultural operations. No retail sales, except as permitted under the Town's farm stand law, are permitted." The amendments also state that "Retail Greenhouses" are not permitted in zoning districts A-C, R-80, R-120, R-200, R- 400 [§100-31(A)(2)(c)]; R-40 [§100-30A.2(A)(1)]; RR [§100-61(A)(1)]; LID [§100- 131(A)(1)]; and LI [§100-141(A)(1)]. These provisions appear to be unreasonably restrictive. On-farm retail sales of "horticultural specialties," as well as other "crOps, livestock and livestock products," which are part of a farm operation should be allowed in all areas within an agricultural district. It is common practice for greenhouse operations to purchase seeds, seedlings, bareroot stock, plugs and immature plants from agricultural suppliers and then germinate, propagate, and harden-off the plants on the farm. Once the plants are mature, they are sold in the wholesale and/or retail market. Furthermore, the growing of plants in pots on the farm is also a common practice used by nursery and horticultural operations. The proposed definition of "agricultural greenhouse" refers to the Town's "farm stand law." I would appreciate receiving a copy of that law so we may review it in conjunction with the proposed amendments. In the meantime, the following are some general comments concerning on-farm marketing. On-farm marketing of "crops, livestock and livestock products" should not be limited solely to those "produced on the premises." Some farmers import produce from other farms to sell at their stands to increase the diversity of products offered or to bridge periods of Iow supply of commodities produced on-farm. Product diversity may attract potential customers to a roadside stand or other retail facility. Also, products should not be limited to those grown on the "premises," as this term is subject to narrow interpretation. A farmer, for instance, may grow produce sold at a roadside stand/retail facility on a number of parcels owned or leased by the farmer throughout the Town, county or State and the Department considers all land so owned or leased as the farm operation. The Department believes the sale of some agricultural products grown off the farm should be allowed, but has not established a percentage of on-farm vemus off-farm products for that purpose. The Department considers the facts of a particular case in making a determination whether a local law is unreasonably restrictive, but generally would view requiring a predominance of on-farm products as reasonable. Depending upon the size of the retail facility, greater regulation, such as special use permits and site plans, may be reasonable. We urge the Town to take into account the size and nature of the facility, including how much product is produced off-farm, in administering such regulations. To require a small farm market/retail facility, which sells only a minimal amount of off-farm product, to obtain a special use permit and site plan approval may be unreasonably restrictive, for example. It appears that the above referenced proposed amendments to Chapter 100 of the Town of Southold's Zoning Code would unreasonably restrict farm operations in a county adopted, State certified, agricultural district in possible violation of AML § 305- a(1). The Department would like to work with the Town to resolve any conflicts between the proposed local law amendments and the Agriculture and Markets Law. Department staff is willing to assist the Town in its drafting of amendments which would meet the needs of the Town and be consistent with AML §305-a. I have enclosed a copy of the Department's guidance document entitled "Local Laws and Agricultural Districts: How Do They Relate?" which may be helpful to the Town. I would appreciate receiving the Town's response to the concerns we have identified and am hopeful that all issues may be resolved before the zoning amendments are enacted. Thank you for your cooperation. If you have any questions please contact Robert Somers, Chief of the Department's Agricultural Protection Unit, at (518) 457-2713. If your attorney has any questions, he or she may contact John Rusnica, Associate Attorney, at (518) 457-4111. Sincerely, Klm T. Blot Director Cc: Ken Schmitt, Chair, Suffolk County AFPB Bob VanBourgondien (C.J. VanBourgondien, Inc.) Robert Somers, Dept. of A&M John Rusnica, Dept. of A&M GREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. WILSON ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-maih townattorney~southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Supervisor Cochran Town Board Town Clerk From: Gregory F. Yakaboski, Town Attorney Date: April 5, 2000 greenhouse law Following is information received from John F. Rusnica, Associate Attorney for NYS Department of Agriculture and Markets regarding the greenhouse law. /md eric. OFFICE OF THE COUNSEL (518) 457-1059 FAX (518) 457-8842 TDD (518) 485-7784 S'rATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 WINNERS CIRCLE ALBANY, NEW YORK 12235 Greg Yakaboski, Esq. Town Attorney, Town of Southold P.O. Box 1179 Southold, NY 11971 March 29, 2000 Re: Proposed amendments to Town of Southold Zoning Code Concerning greenhouses; Agriculture and Markets Law (AML) §305-a Dear Mr. Yakaboski: Thank you for contacting me about this matter. As we discussed, the Division of Agricultural Protection and Development Services is currently reviewing the proposed amendments. AML §305-a (1) protects farm operations within county adopted, State certified agricultural districts from unreasonably restrictive local laws. Local laws am reviewed under §305-a on a case-by-case basis. As you requested, enclosed are copies of Department guidance documents that explain this provision, as well as a copy of the Agricultural Districts Law (AML, Article 25-AA). Also enclosed are copies of the decisions in Town of Verona v. McGuire and Town of Butternuts v. Davidsen involving §305-a. I hope that these materials are of assistance to you. You indicated that the Town would like to have a conference call with the Department to discuss the proposed amendments. We look forward to working with you. Please feel free to contact me if you have any questions. (518) 457-4111 JFR] Enclosures Cc: Kim T. Blot, Director, Division of Agricultural Protection and Development Services Dr. Robert Somers, Chief, Agricultural Protection Unit, Dept. of A&M TOWN ATTORNEY'S OFFICE TOWN OF SOUT~O~ ..... Local Laws and Agricultural Districts: How Do They Relate? Counties, towns, and villages in New York State have broad powers to enact laws to govern their own affairs. However, State laws impose certain restrictions on local government authority. One such restriction is found in Section 305-a of the Agriculture and Markets Law, as amended, which contains the following mandate: Section $05-a(1)(a) states that: "Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article [Art/c/e 25-AA of the Agr/cu/ture and Markets Law], and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened." (emphasis added) Section 305-a(l)(b) states that: "The commissioner, upon his or her own initiative or upon the receipt of a complaint from a person within an agricultural district, may bring an action to enforce the provisions of this subdivision." Section 301(11) defines "Farm Operation" as meaning: "...the land and on-farm buildings, equipment, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise." The definition of "crops, livestock and livestock products is found in Section 301 (2) of the Agriculture and Markets Law. In evaluating whether a local law or ordinance is in compliance with Section 305-a, the Department considers several factors, including the following: Is the affected farm located within an agricultural district? Does the regulated activity encompass farm operations as defined in law? Is the local law or ordinance reasonable in light of all the relevant facts and circumstances? Can it be shown that the public health or safety is threatened? Requests for general information or assistance should be directed to: Agricultural Protection Unit, NYS Department of Agriculture and Markets, I Winners Circle, Albany, New York 12235. Phone: (518) 457- 2715. STATE OF NEW YORK SUPREME COURT COUNTY OF In the Matter of the Application of TOWN OF VERONA, NEW YORK, Petitioner, -against- RICHARD MCGUIRE, COMMISSIONER OF THE NEW YORK STATE DEPARTM~.~....QF AGRICULTURE AND MARKETS and %'~ NEW YORK STATE DEPARTMENT OF AGRIcu~TUREANDMARKETS, Respondents. For an.Order Pursuant to Article 78 of the civil Practice ~aw Md Rules DECISION. and ORDER ~IbEx NO. 1740-95 NO. 0195ST5710 Supreme Court Albany County Special Term, April 28 1996 Justice Joseph C. Teresi, Presiding APPEARANCES Rossi, ~ane, Balzano & Hughes Attorneys for Petitioners 209 Elizabeth Street P.O. Box 209 Utica, New York 13503-0209 Joan A. Kehoe Cx~,-~el to the Department of Agriculture and Narkets (PJ/th A. MOOre, E~., Of O~msel) Attorneys for Re'spondents Capital Plaza, 1 W4--ers Circle ~1 hany, -New York 12~5 Petitioners br4-g ~h~s CP~R Article 78 procee~{~ '~eeking Judic~l review of a de~ezminati6n and order of the comm~sstoner of A~£culture --4 ~.ets made on or about ~-~_.h 6, 1996. Court pr~iously stayed determ~nation of this petition pending ~etermina~ioa of a pending Oneida County Supreme Court case. The resolution of that case has not addressed the key issue in this case, namely the deCern~nation by the Commissioner, finding that the oo~posting of --~ cipal sewage sludge is a agricultural activity protected by the prc~isions of Article Agriculture and Markets Law, dated march 6, 1995. 25 AA of the This record indicates tha~petitioner enacted Local Law #5 of the year 1994 in direct contravention Of both §305(2) and 305(a) of the A~ricultural Districts Law which prevents unreasonable restrictions of farming practices within agricultural districts. Regardless of whether they are enforced or not these ordinances are prohibited. This record further indicates that §36 of the Agriculture andMarketsLawwas not violatediniss~ing this order. The issue before thisCour~ is whether theM arch 6, 1995 Order is supported by a rational basis. The standard for the Court was recently stated by the Court of Appeals in'Consolation Nursing Home. Inc. v. Com~ssioner of New York State Department of Health, 85 NY2d 326, 331-332 (1995) is: · The st~-d-~d· for iud/cia1 review of an a~4-4stra=ive resulation is whether the recjulation has a ratio--] 'basis and is not ,,-~easonable, arbitrary or capricious (see, Matter of New York State Assn. of Ck~nt~es v. ~elrod, 78 NY2d 158, 166; Matter of Bates v. To~a 45 NY2d 460, 464}. An adm/n/strative a~ency's exercise 9f its rule--~k{-~powers is accorded a hi~hdecjre~ of Judicial defer~n, ce, especiallywhenthe asencyactsinthe area of its particular expertise (see, Matter of Memorial Hosp. v. Axelrod, 68NY2d 958, 960; 5 Davis, ~m~-4~trative T~aw §29:3, aC 343 [2d ed] ). Accordingly, the party seeking to nullify such a re~l. ation has the heavy burden of showing Chat the regulation is 2 unreasonable and unsupported by any evidence (see, ~atter of New York State Health Facilities Assn. v. Axelrod, 77 NY2d 340, 349- 350; ~atter of Society of N.Y. I{oso v. Whalen, 47 NY2d 331, 343.) Although documented studies often provide support for an .agency's rule making, such studies are not the sine qua non of a rational determination. As we have previously stated, in a rate-fixing decision 'the co~missioner, of course, is not confined t'o factual data alone but also may apply broader 3udsmental co~siderations base~-~pon the expertise and experience of the agency he heads' (see, b~atter of Catholic Med. Ctr. v. Department of Health, 48 NY2d 967, 968-960." After a full review of this record this Court cannot state the Commissioner's determination end order is not supported by a rational basis. The Con,missioner after an investigation which included site visits and interviews determined the questioned activity to be a~ricultural practice. The record reflects that the Commissioner considered the fact that DeM~tto intends to use all of the compost product as an input for the production of turf on his farm property, dist~aishing tb~s case from ~atter of Moody Hills ~arms v. ZBA, 199 AD2d 964 (3rd Dept, 1993). This is a rational determ~,~tion and the Co%irt will not substitute its discretion fgr' that of the Commissioner. The Court has reviewed petitioner's ~.main/ng contentions and finds them to be without merit. The petition is d-n~ed. ' Ail papers, incl~4~-g th~ Decision and Order, are being returned to the attorneys for the respondents. The si~ng of this De=ision and Order ehall not constitute entry or filin~ under CPLR 2220. Counsel are not relieved from the applicable provisions of that section respecting filing, entry and notice of entry. SO ORDERED! Dated: Albany, New York September~, 1996 PAPERS CONSIDERED: ose,~h C. Teresl, J.S.C. (1) Notice of Motion dated March~30, 1996 with Petition dated March 28, 1996, with Attached Exhibit FA". (2) Affidavit of Thomas P. Hughes, Esq. dated April 26, 1996, with Attached Exhibits A - F. (3) Verified Answer dated April 21, 1996, with Attached Exhibit WA". (4) Affidavit of Robert C. Somers, .Jr. dated April 21, 1996, with Attached Exhibits A - I. (5) Affidavit of Ruth A. Moore, Esq. dated April 27, 1996. (6) Letter Dated July 10, 1996 from Thomas P. Hughes, Esq. with Attachment. (7) Letter dated July 16, 1996 from Ruth A. Moore, Esq. with Attachment. 4 Decided and ~tered: March 11, 1999 83293 In the Matter of the TOWNOF BUTTERNUTS, Appellant, V DO~LtT~ R. DAVIDSEN, as Commissioner of the Department of Agriculture and Harkets of the State of New York, Respondent. I~[OI~UM ~ 01~DER Calendar Date: January 12, 1999 Before: Mikoll, J.P., Yesawlch Jr., Graffeo, JJ. Spain, Carpinello and Hinman, Straub, P/gors & N~.ing (Lawrence H. Schaefer of counsel), Albany, for appellant. Joan A.' Kehoe, Department of Agriculture &Harkets (John F. Resnlca of counsel), Albany, for respondent. Graffeo,. J. Appeal from a jud~nent of the Supreme Court (Cobb, J.), entered December 15, 1997 in Albany County, wkich dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determinatioh of respondent finding, ~nter alia, petitionerinvislatioo °fAgriculture and Harket6 Law § 305 (2) and § S05-a (ID. ,o2- 83293 In an effort to reduce the use of commercial fertilizers on his cropland in the Town of Butternuts, 0tsego County, Bruce Giuda sought to landspread restaurant and residential septage on 40 acres of his farmland. Working in conjunction with Giuda, in February 1996 Van Houten Contracting Services Inc. applied for a septic t~ cleaner and industrial waste collector permit from the State Department of Environmental Conservation (hereinafter DEC) to engage in the 1-~dspreading at Giuda's farm which lies withln the Otsego County Agrlcultural District. DEC issued a negative declaration after its environmental assessment in April 1996 but approximately two months later, residents of the Town of Butternuts voiced environmental concerns at a town meeting. DEC thereafter requested Van Houten to address certain issues raised by the Town. Eventually, in August 1996, DEC issued a permit for the spreading of 400,000 tons per year of restaurant and household septage on Giuda's farmland. Nevertheless, the Town determined that the proposal was in violation of Local Law No. 2 of 1993 which prohibited the operation or maintenance of "dumps for the d~sposal of garbage and rubbish' in the to~n. Giuda thereafter sought the assistance of the State Department of Agriculture and Markets regarding the dispute. At the conclusion of an investigation, which included a site visit, the Commissioner of Agriculture and Markets determined that the Town's Local Law was ~n contravention of AgricUlture and Harkets Law (hereinaffter AHL) § 805 (2) and § 305-a (1) and ~irected the Town to amend its laws. In July 1997 the Town filed a CPLR article 78 petition cha~len~g the Commissioner's determination on the basis that respondent lacked authority to emke its determination and that it was arbitrary and capricious. Supreme Court dismissed the petition and this appeal ia addressed solely to the question whether respondent was authorized by statute to declare the Town's Local Law in contravention of the Petitioner argues that in order to enforce AHL § 305 and § $05-a (1), the Commissioner was required.~o commence 'an action, rather than issue an order after an investigation. -3- 83293 Pursuant to A~L § 305-a (1), local govermnents shall not unreasonably restrict or regulate far~ operations within agriculture d~stricts. S~m~larly, AHL § 305 (2) provides that local governments shall not enact local laws which would unreasonably restrict or regulate farm structures or farming practices. While AML § 305 (2) provides that respondent may bring an action to enforce its provisions, AML § 305-a (1) does not contain such a provision.~ AML § 36 (1) states that respondent may issue an order compelling compliance with a provision of the AML or regulation of the Department of Agriculture and Markets after an investigation is conducted by respondent if it is determined that any person, association or corporations has failed to comply with or is.gu~$ty of a violation of such provision or regulation. An order under AML § 36 (1) is reviewable in the m---er provided by CPLR article 78 (see, AML § 37). Here, respondent's directive was issued after an investigation and was, therefore, proper pursuant to AML § 36 (1), especially since AML § 305-a (1) did not contain a provision mandating the m.nnerbywhich respondent was to seek enforcement of local government's compliance with its laws and rules regarding the regulation of farm operations. Based on the ~ Subsequent to the issuance of respondent's determination and order on June 18, 1997, A~L § 305 (2) was repealed; effective November 3, 1997, by the Laws of 1997 (ch 357, § 9). Section 11 of said chapter a~endedA~L § 305-a (1) to provide that the Commissioner upon his or her initiative, or upon the receipt of a complaint from a person within an agricultural d~strict, may bring an action to enforce the provisions of this subdivision. We find, however, that the former versions of the statutes are applicable to this case since the ~nen&nents became effective after issuance of respondent's determination. z Pursuant to General Construction Law § 65 (a) (1) and § 66 (1) (2), a enmicipality is deemed a corporation and, therefore, the Town of B~tternuts is within the purview of AHL § 36 (~). -4- 83293 foregoing, we conclude that respondent properly relied on AHL § 36 (1) in its enforcement efforts and, therefore, we reject petitioner's contention that respondent was compelled to initiate a plenary action under the former provisions of ABL § 305-a (1). Hiko11, J.P., Yesawich Jr., Spain and Carpinello, JJ., concur. ORD~ that the judgment is affirmed, with costs. Hichael J. Novack Clerk of the Court STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY DEC I 1997 DEP]. OF AGH~C, & ~,~a;~K~TS COUNSEL~ OFFICE In the Hatter of the Application of TOWN OF BUTTERNUTS, NEW YORK, Petitioner, For a Judgment pursuant to Article 78 of the Civil Practice Law & Rules -against- DONALD R. DAVIDSEN, D.M.V., as Commissioner of the Department of Agriculture and 14arkets of the State of New York, Respondent. (Supreme Court, Albany County Special Term, September 5, 1997. RJI ~1-97-ST7955, Calendar #20) (JUSTICE GEORGE L. COBB PRESIDING) APPEARANCES: Hinman, Straub, Pigors & Manning (Thomas D. Latin of counsel), for petitioner. Joan A. Kehoe (Edward S. Rowley and John F. Rusnica of counsel), for respondent. COBB, J. Petitioner has commenced an article 78 proceeding challenging a determination of respondent Commissioner of Department of Agriculture and Markets which found that petitioner's Local Law No. 2 of 1993, which petitioner has interpreted to prohibit the spreading of residential and restaurant septage upon agricultural ~ields, unreasonably restricts farming practices within Otsego County agricultural districts in violation of subdivision 2 of section 305 of the -2- Agriculture and Markets Law. Petitioner contends that respondent Commissioner had no authority to make such desermination pursuant to section 36 of the Agriculture and l.larkets Law, and that the determination was arbitrary and capricious in that the spreading of residential and restaurant septage clearly has a direct relationship to the public health or safety. Section 36 of the Agriculture and 14arkets Law authorizes the Commissioner to issue compliance orders upon a finding that any "person, association or corporation" has iailed to comply with the provisions of the Agriculture and Markets Law. Petitioner contends that as a town it does not constitute a person, association or corporation and that therefore section 36 of the Agriculture and Markets Law by its own terms is not applicable. Petitioner relies upon Towner v. Jimersbn, (67 AD2d 817) for the proposition that the word "person" does not in its ordinary meaning include the state or a government. However, the General Construction Law at section 37 specifically provides that the word "person" may include the state or government under certain circumstances. Municipal corporations have been held to be included in the term "person" by the Courts, (Acker~ v. New York, 156 App. Div. 836; Matter of Village of Bronxville v. Francis, 206 Misc 339, mod. on other grounds, 1 AD2d 236, affd. i NY2d 839).' While not directly applicable, the regulations of the -3- Department o~ Agriculture and Markets at 1 NYCRR 367.1 (c), with respect to adjudicative hearings, define "person" to include any individual, partnership, corporation, association or public or private organization of any character other than the Department of Agriculture and Markets. In addition, pursuant to General Construction Law, ~ 65, subd. (a), par. and ~ 66, subds. 1 and 2, a corporation includes a town. The Court therefore determines that petitioner town is subject to the provisions of section 36 of the Agriculture and Markets Law as both a person and a corporation. The Court also finds that the provisions of section 305-a of the Agriculture and Harkets Law, which authorize a plenary action to enforce the provisions of section 305 and 3~5-a of the Agriculture and Markets Law is permissive and does not constitute the exclusive remedy. Accordingly, the Court finds that respondent Commissioner had authority to enforce the provisions o~ section 305 of the Agriculture and ~4arkets Law through the procedure set forth in section 36 of the Agriculture and Markets Law. Petitioner also contends that the determination that Local Law No. 2 of 1993 does not have any direct relation to the public health or safety is arbitrary and capricious. Judicial review of such claim is limited to the record before the agency, and the determination will be upheld unless it was arbitrary and capricious and without any rational basis -4- (Ma~ter of Felton v. Halperin, 228 AD2d 595). Respondent's determination was based upon long-standing farming practices within the State of New York, expert opinion from ackno%~!edged experts in the field and a ne§ative declaration issued by the Department of Environmental Conservation with respect to the particular application which is the subject of this proceeding. Such negative declaration found that there would be no adverse environmental impact from spreading restaurant and household septage upon the particular farm fields involved. Petitioner did not seek any judicial rev!e~ of such negative declaration or issuance of a permit, and a~so offered no evidence whatsoever of any direct relationship to the public health or safety to respondent Commissioner after specific requests ~or such proof. The Court therefore finds that respondent's determination was based upon the expertise of the Department of Agriculture and Markets which is entitled to great deference, expert opinion and a final determination of the Department of Environmental Conservation. The only "evidence" in the record which could support a determination of a direct relationship to the public health or safety consisted of entirely conclusor¥ and anecdotal assertions that the local law was directly related to public health and safety. Based upon such record, the Court must conclude that the determination was neither arbitrary or capricious and had a -5- rational basis. Accordingly, hereby dismissed. SO ADJUDGED. Dated at Catskill, December ~ 1997 Papers the instant article 78 proceeding is G ~cEeL~fCOthBeB Supreme Court submitted returned to attorney for respondent. Notice of petition dated July 17, 1997; petitign verified July 17, 1997; affidavit of Kenneth Nolan sworn to on July lQ, 1997; exhibits A-D; affidavit of Thomas D. Latin s~orn to on July 17, 1997; exhibit A; affidavit of H~anda ].lorris sworn to on July 10, 1997; exhibit A. Answer verified August 29, 1997. Affidavit of Robert E. Van Houten sworn to on August 28, exhibit. 1997; Affidavit of Edward S. Rowley sworn to on August 28, 1997; exhibits A-N. Affirmation of John F. Rusnica dated August 29, 1997; exhibits A-O. Affidavit of Dr. Robert C. 1997~ exhibits A-D. Reply affidavit of Thomas 1997; exhibits A-B. Somers, Jr. sworn to on August 29, D. Latin sworn to on September 4, New York State Department of Agriculture and Markets I Winners Circle Albany, New York 12235 CIRCULAR 1t50 ARTICLE 25AA - AGRICULTURAL DISTRICTS AGRICULTURE AND MARKETS LAW (AS AMENDED THROUGH NOVEMBER 1, 1999) AGRICULTURAL DISTRICTS LAW The following is a summary of 1994 Amendments to the Agricultural Districts Law. Section Amended: Description: Effective Date: §301 Defines commercial horse boarding operations with at least 10 acres, having at all times at least 10 horses and grossing an average of $10,000 as agricultural enterprises eligible for agricultural assessment. July 1, 1994 and shall apply to city and town assessment rails completed subsequent to March 1, 1995 and to village assessment rolls completed subsequent to January 1, 1996. Section Amended: Description: EffectNe Data: §301(4) Permits land under 10 acres with gross sales of $50,000 or more of agricultural products to qualify as "land used in agricultural production" for purposes of agricultural assessment. July 26, 1994 Sections Amended: Description: Effective Date: §§304-a, 305, 306, 307, 309, 310 Changes name of Board of Equalization and Assessment to Board of Real Property Services and Division of Equalization and Assessment to the Office of Real Property Services. January 1, 1995 Sections Amended: Description: Effective Date: §§305(6), 306(5) Makes technical corrections to Agriculture and Markets Law provisions relating to special benefits assessments; improves real property tax administration. July 26, 1994, except that certain provisions relating to villages take effect on January 1, 1995. Section Amended: Description: Effective Date: §306 Exempts owners of land restricted by a conservation easement from filing an individual commitment form in order to receive agricultural assessment. July 20, 1994 Sections Amended: Description: Effective Date: §§306, 308 Eliminates filing of individual commitment form as condition for receiving agricultural assessment outside of agricultural districts. August 2, 1994, shall apply to assessment rolls prepared on the basis of taxable status dates commencing on or after March 1, 1995. 2 The following is a summary of 1995 Amendments to the Agricultural Districts Law. Section Amended: Description: Effective Date: §§301 (11 ) Amends to include farming practices in the definition of "farm operation." October 24, 1995 Section Amended: Description: Effective Date: §301(13) Amends to clarify the' definition of a "commercial horse boarding operation" to consist of at least ten acres and boarding at least ten horses, regardless of ownership, and exclude from eligibility for an agricultural assessment operations where the primary on- site function is horse racing. August 2, 1995 Section Amended: Description: Effective Date: §302(1) Amends to require a county Agriculture and Farmland Protection Board to notify the Commissioner of Agriculture and Markets and the Commissioner of the Department of Environmental Conservation of any attempts to propose the siting of solid waste management facilities upon farmland within an agricultural district. January 1, 1998 Section Amended: Description: Effective Date: §302(1)(a) Amends to correct a technical error to provide that six, rather than five members of a County Agricultural and Farmland Protection Board shall reside within the county which the respective board serves. October 24, 1995 Section Amended: Description: Effective Date: §303(7)(c) Amends to correct the reference to those subdivisions of Section 303 pursuant to which the county legislative body may modify an agricultural district. October 24, 1995 Sections Amended: Description: Effective Date: §305(4) Amends to include the actual construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve non-farm structures within the scope of actions which trigger the Notice of Intent filing requirements. October 24, 1995 3 Summary of 1995 Amendments to the Agricultural Districts Law (continued) Section Amended: Description: Effective Date: §305(4)(h-1) Adds a new paragraph to prohibit the siting of solid waste management facilities through the process of eminent domain on land receiving an agricultural assessment or upon land in agricultural production and located within an agricultural district. January 1, 1998, but will not apply to solid waste management facility applications deemed complete by the Department of Environmental Conservation on or before the effective date. Sections Amended: Description: Effective Date: §305(5) Amendments made to this section to clarify the original intent of the Law. The amendments state that benefit assessments, special ad valorem levies and other rates or fees charged for municipal improvements can not be levied on any basis upon land used primarily for agricultural production within an agricultural district, August 2, 1995. Section Amended: Description: Effective Date: §305(7) Provides for a four-year moratorium on real property taxation on immature orchards/vineyards for four years after replanting or expansion of orchards and/or vineyards. July 28, 1995 and shall apply to assessment rolls prepared after January 1, 1997. Sections Amended: Description: Effective Date: §307 Amends to make a technical correction to the reference to subdivision 8 of Section 303 in the first sentence of the section. October 24, 1995 Section Amended: Description: Effective Date: §308(1)(b) Amends to change the name of the U.S.D.A. Soil Conservation Service to the Natural Resources Conservation Service and to authorize, rather than require, that the Commissioner consult with the New York State college of Agriculture and Life Sciences and the U.S.D.A. Natural Resources conservation Service On every sound agricultural practices opinions. October 24, 1995 Summary of 1995 Amendments to the Agricultural Districts Law (continued) Section Amended: Description: Effective Date: §308(2) Amends to make a technical correction to the Section 305 in the first sentence of the subdivision October 24, 1995 reference to Section Amended: Description: Effective Date: §308-a Adds a new section to provide for the award of fees and expenses to a prevailing party in certain pdvate nuisance actions, where the nuisance is alleged to be due to an agricultural practice on land in an agricultural distdct or subject to agricultural assessment, and provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued by the Commissioner. October 24, 1995 5 The following is a summary of 1996 Amendments to the Agricultural Districts Law. Section Amended: Description: Effective Date: {}301 (2) Adds a new paragraph i to include woody biomass within the definition of crops, livestock and livestock products for agricultural assessment purposes. 8/29/96 Section Amended: Description: Effective Date: §301(4) Adds a new paragraph g to include land under a structure in which crops, livestock or livestock products are produced within the definition of land used in agricultural production. 8/29/96 Section Amended: Description: Effective Date: {}306(1), (l-a), (4), and (5) Improves real property tax administration; eliminates superfluous references to individual commitments of agricultural land for beneficial tax treatment; and reconciles two chapters of Laws of 1994. 8/8~96 Section Amended: Description: Effective Date: {}308(1) Specifies that the Commissioner is authorized to issue Sound Agricultural Practice Opinions on the direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on-farm. 6/18/96 6 The following is a Section Amended: Description: Effective Date: Section Amended: Description: Effective Date: Section Amended: Description: Effective Date: Section Amended: Description: Effective Date: Section Amended: Description: Effective Date: Section Amended: Description: Effective Date: summary of 1997 Amendments to the Agricultural Districts Law {}301(2)(e) Expands the definition of "livestock and livestock products" to include ratites, such as ostriches, emus, rheas and kiwis. 5/20/97 §301(4)(b) Deletes the term "qualifies" and adds the term "eligible" to clarify that land is only required to be eligible for an agricultural assessment, not actually receiving an agricultural assessment. 11/3/97 §301(11) Amends definition to delete the term "land used in agricultural production" and include "buildings, equipment and practices which contribute to the on-farm production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise" within the definition of "farm operation." 11/3/97 §303(1) Clarifies that maps submitted in the agricultural district creation process should delineate the exterior boundaries of a district and that the exterior boundaries should conform to tax parcel boundaries. 11/3/97 {}303(7) Repeals this section and adds a new Section 303-a that clarifies the agricultural district review process. 11/3/97 {}303(8) Clarifies that the agricultural district map filed by the county must delineate the exterior boundaries of the district; and for good cause shown, and upon petition by the county, the Commissioner may approve the correction of errors in materials filed pursuant to. the district creation process. 11/3/97 7 Summary of t997 Amendments to the Agricultural Districts Law (continued) Section Amended: Description: Effective Date: {304-b(1) and (2) Deletes references to "individual commitments" which were removed in all other sections of this Article by Chapter 690 of the Laws of 1994. 1113/97 Section Amended: Description: Effective Date: {305(1)(a) Amends to specify that applicants for agricultural assessments shall fumish the assessor with information regarding the eligibility for agricultural assessment of any land used in conjunction with rented land and changes the deadline for filing an application for an agricultural assessment in a year of revaluation or update from the taxable status date to thirty days prior to the date set by law for the filing of the tentative assessment roll. 8/5/97 Section Amended: Description: Effective Date: {305(1)(d) and {306(2) Amends to specify that the pumhase of land by New York City for watershed protection purposes or the conveyance of a conservation easement by the City to the NYS DEC, does not constitute a conversion and no such payment is due when land is taken out of agricultural production, 9/10/97 Section Amended: {305(2) Description: repealed Effective Date: 11/3/97 Section Amended: Description: Effective Date: {305(4)(g) Clarifies that certifications are only required at least ten days before commencing an action rather than ten days before commencing or approving an action. 1113/97 Section Amended: Description: Effective Date: {305(4)d) Adds a new paragraph to authorize the Commissioner to bring an action to enforce any mitigation measures proposed by a project sponsor and accepted by the Commissioner pursuant to a Notice of Intent filing which are designed to minimize or avoid adverse agricultural impacts reveled in the Notice process. 11/3/97 Summary of 1997 Amendments to the Agricultural Districts Law (continued) Section Added: Description: Effective Date: §305-a Incorporates the language of Paragraph (b) of Section 305(2) to authorize the Commissioner to bdng an action to enforce the provisions of Section 305-a(1) and expands the scope of the Section to apply to all local laws, ordinances, rules or regulations. 11/3/97 Section Amended: Description: Effective Date: §308 Adds a formal notification process whereby affected parties are provided an opportunity to challenge a sound agricultural practice opinion through an Article 78 proceeding. 11/3/97 9 The following is a summary of 1998 Amendments to the Agricultural Districts Law. Section Added: DesCription: Effective Date: §303,304 Deletes reference to, and the responsibility of, the Secretary of State to approve agricultural district creation, modification or renewal, 6/9/98 Section Added: Description: Effective Date: §304-a Changes the methodology for calculating agricultural assessment values for organic soils (muck). 7/14/98 Section Added: Description: Effective Date: §3O5 Deletes reference to, and the responsibility of, the Secretary of State to review Notices of Intent filed with the Department of Agriculture and Markets. 6/9/98 Section Added: Description: Effective Date: §308 Requires the Commissioner of Agriculture and Markets, in consultation with the State Advisory Council on Agriculture, to issue upon request opinions within 30 days as to whether particular land uses are agricultural in nature. 7/14/98 Section Added: Description: Effective Date: §309 Requires the State Advisory Council .on Agriculture to review Section 308(3) requests and advise the Commissioner as to whether particular land uses are agricultural In nature. 7/14/98 Section Added: Description: Effective Date: §310 Strengthens the notification requirements concerning the purchase of property within agricultural districts.by requiring the seller to provide a disclosure notice for signature to the buyer when a purchase and/or sales contract is presented. 711/99 The following is a summary of 1999 Amendments to the Agricultural Districts Law. Section Amended: Description: Effective Date: {}301 (4)(e) and §301 (9)(e) Provides that land set aside through participation in a federal conservation program, regardless of the income derived from the land, shall be eligible for an agricultural assessment. 9/7/99 Section Amended: Description: Effective Date: §301(9)(e) Adds a new paragraph (e) to allow payments received for land set aside under a federal conservation reserve program to be included in calculating the average gross sales value of products produced in determining whether land used as a single farm operation qualifies as "land used in agricultural production." 9/7/99 Section Amended: Description: Effective Date: §303-a(4) Renumbers subdivision (4) to subdivision (5) 7/20199 Section Amended: Description: Effective Date: §303-a(4) Adds a new subdivision (4) that states that if the county legislative body does not review a district upon its anniversary date, the agricultural district remains as originally constituted or until such time that the agricultural district is modified or terminated. 7/20/99 - Section Amended: Description: Effective Date: §305(7) Provides that the real property tax exemption for agricultural land which is used solely for the purpose of replanting or crop expansion as part of an orchard or vineyard may be greater than 20% of the total acreage of such orchard or vineyard when such orchard or vineyard is located within an area declared by the Governor to be a disaster emergency. 9/7/99 and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after 9/7/99. Section Amended: Description: Effective Date: §308(3) Renumbers subdivision (3), which was added by Chapter 362 of the Laws of 1998, to subdivision (4) 4/6/99 11 Summary of 1999 Amendments to the Agricultural Districts Law (continued) Section Amended: Description: Effective Date: §309(8) & (9) Repeals the two subdivisions 7/20/99 Section Amended: Description: Effective Date: §309(10) Renumbers subdivision (10)to subdivision (8) 7/20/99 Section Amended Description: Effective Date: §310(1) Adds language to the agricultural district disclosure statement to notify a prospective buyer of land within an agricultural district that under certain cimumstances, the availability of water and sewer services may be limited. 7/1/00 12 ARTICLE 25AA - AGRICULTURAL DISTRICTS Sec. 300. 301. 302. 303. 303-a. 304. 304-a. 304-b. 305. 305-a. 306. 307. 308. 309. 310. Declaration of legislative findings and intent. Definitions. County agricultural and farmland protection board. Agricultural districts; creation. Agricultural districts; review. Unique and irreplaceable agricultural land; creation of districts. Agricultural assessment values. Agricultural district data collection. Agricultural districts; effects. Coordination of local planning and land use decision-making with agricultural districts program. Agricultural lands outside of districts; agricultural assessments. Promulgation of rules and regulations. Right to farm. Advisory council on agriculture. Disclosure. the 300. Declaration of legislative findings and intent It is hereby found and declared that many of the agricultural lands in New York state are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited land resources results. Ordinances inhibiting farming tend to follow, farm taxes rise, and hopes for speculative gains discourage investments in farm improvements, often leading to the idling or conversion of potentially productive agricultural land. The socioeconomic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products. It is also the declared policy of the state to conserve and protect agricultural lands as valued natural and ecological resources which provlde needed open spaces for clean air sheds, as well as for aesthetic purposes. The constitution.of the state of New Yon~ directs the legislature to provide for the protection of agricultural lands. It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York state's agricultural land as a viable segment of the local and state economies and as an economic and environmental' resource of major importance. 13 30'1. Definitions When used in this article: "Agricultural assessment value" means the value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by section three hundred four-a of this article. . 2. "Crops, livestock and livestock products" shall include but not be limited to the following: a. Field crops, including com, wheat, oats, rye, badey, hay, potatoes and dry beans. b. Fruits, including apples, peaches, grapes, cherries and berries. c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions. d. Horticultural specialties, including nursery stock, omamental shrubs, ornamental trees and flowers. e. Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo,.fur beadog animals, milk, eggs and furs. f. Maple sap. g. Christmas trees dedved from a managed Christmas tree operation whether dug for transplanting or cut from the stump. h. Aquaculture products, including fish, fish products, water plants and shellfish. i. Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not'include farm woodland. "Farm woodland" means land used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products. "Land used in agricultural production" means not less than ten acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or,. not less than ten acres of land used in the preceding two years to support a commercial horse boarding operation with annual gross receipts of ten thousand dollars or more, subject to the approval of the county legislative body. Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include: 14 a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment. b. Land of not less than ten acres used as a single operation for the production for sale of crops, livestock or livestock products, exclusive of woodland products, which does not independently satisfy the gross sales value requirement, where such land was used in such production for the preceding two years and currently is being so used under a wdtten rental arrangement of five or more years in conjunction with land which is eligible for an agricultural assessment. c. Land used in support of a farm operation or land used in agricultural production, constituting a portion of a parcel, as identified on the' assessment roll, which also contains land qualified for an agricultural assessment. d. Farm woodland which is part of land which is qualified for an agricultural assessment, provided, however, that such farm woodland attributable to any separately described and assessed parcel shall not exceed f~ty acres. e. Land set aside through participation in a federal conservation program pursuant to title ~ne of the federal food secudty act of nineteen hundred eighty-five or any subsequent federal programs established for the purposes of replenishing highly eredible land which has been depleted by continuous filling or reducing national surpluses of agricultural commodities and such land shall qualify for agricultural assessment upon application made pursuant to paragraph a of subdivision one of section three hundred five of this article, except that no minimum gross sales value shall be required. f. Land of not less than ten acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more, or land of less than ten acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. g. Land under a structure within which crops, livestock or livestock products are produced, provided that the sales of such crops, livestock or livestock products meet the gross sales requirements of paragraph f of this subdivision. - "Oil or gas exploration, development or extraction activities" means the installation and use of fixtures and equipment which are necessary for the exploration, development or extraction of oil or natural gas, including access roads, drilling apparatus, pumping facilities and pipelines. "Unique and irreplaceable agricultural land" means land which is uniquely suited for the production of high value crops, including, but not limited to fruits, vegetables and horticultural specialties. 15 '~/iable agricultural land" means land highly suitable for agricultural production and which will continue to be economically feasible for such use if real property taxes, farm use restrictions, and speculative activities are limited to levels approximating those in commemial agricultural areas not influenced by the proximity of non-agricultural development. 8. "Conversion" means an outward or affirmative act changing the use of agricultural land and shall not mean the nonuse or idling of such land. 9. "Gross sales value" means the proceeds from the sale of: 11. 12. 13. a. Crops, livestock and livestock products produced on land used in agricultural production provided, however, that whenever a crop is processed before sale, the proceeds shall be based upon the market value of such crop in its unprocessed state; b. Woodland products from farm woodland eligible to receive an agricultural assessment, not to exceed two thousand dollars annually; c. Honey and beeswax produced by bees in hives located on an otherwise qualified farm operation but which does not independently satisfy the gross sales requirement; and d. Maple syrup processed from maple sap produced on land used in agricultural production in conjunction with the same or an otherwise qualified farm operation. e. Or payments received by reason of land set aside pursuant to paragraph e of subdivision four of this section. "Farm operation" means the land and on-farm buildings, equipment, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise. "Agricultural data statement" means an identification of farm operations within an agricultural district located within five hundred feet of the boundary of property upon which an action requiring municipal review and approval by the planning board, zoning board of appeals, town board, or village board of trustees pursuant to article sixteen of the town law or article seven of the village law is proposed, as provided in section three hundred flve-a of this article. "Commercial horse boarding operation" means an agricultural enterprise, consisting of at least ten acres and boarding at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall:this subdivision be construed to include operations whose primary on site function is horse racing. 16 302. County agricultural and farmland protection board 1. (a) A county legislative body may establish a county agricultural and farmland protection board which shall consist of eleven members, at least four of whom shall be active farmers. At least one member of such board shall represent agribusiness and one member may represent an organization dedicated to agricultural land preservation. These six members of the board shall reside within the county which the respective board serves. The members of the board shall also include the chairperson of the county soil and water conservation district's board of directors, a member of the county legislative body, a county cooperative extension agent, the county planning director and the county director of real property tax services. The chairperson shall be chosen by majority vote. Such board shall be established in the event no such board exists at the time of receipt by the county legislative body of a petition for the creation or review of an agricultural distdct pursuant to section three hundred three of this article, or at the time of receipt by the county of a notice of intent filing pursuant to subdivision four of section three hundred five of this article. The members of such board shall be appointed by the chairperson of the county legislative body, who shall solicit nominations from farm membership organizations except for the chairperson of the county soil and water conservation district's board of directors, the county' planning director and director of real property tax services, who shall serve ex officio. The members shall serve without salary, but the county legislative body may entitle each such member to reimbursement for actual and necessary expenses incurred in the performance of official duties. (b) After the board has been established, the chairperson of the county legislative body shall appoint to it two qualified persons for terms of two years each, two qualified persons for terms of three years each and two qualified persons for a term of four years. Thereafter, the appointment of each member shall be for a term of four years. Appointment of a member of the county legislative body shall be for a term coterminous with the member's term of office. Appointment of the county planning director and county director of real property tax Services shall be coterminous with their tenure in such office. The appointment of the chairperson of the county SOil and water conservation district's board of directors shall be for a term coterminous with his or her designation as chairperson of the county soil and water conservation district's board of directors. Any member of the board may be reappointed for a succeeding term on such board without limitations as to the number of terms the member may serve. (c) The county agricultural and farmland protection board shall advi~ethe county legislative body and work with the county planning board in relation to the proposed establishment, modification, continuation or termination of 17 any agricultural district. The board shall render expert advice relating to the desirability of such action, including advice as to the nature of farming and farm resources within any proposed or established area and the relation of farming in such area to the county as a whole. The board may review notice of intent filings pursuant to subdivision four of section three hundred five of this article and make findings and recommendations pursuant to that section as to the effect and reasonableness of proposed actions involving the advance of public funds or acquisitions of farmland in agricultural districts by governmental entities. The board shall also assess and approve county agricultural and farmland protection plans. (d) A county agricultural and farmland protection board may request the commissioner of agriculture and markets to review any state agency rules and regulations which the board identifies as affecting the agricultural activities within an existing or proposed agricultural district. Upon receipt of any such request, the commissioner of agriculture and markets shall, if the necessary funds are available, submit in writing to the board (i) notice of changes in such rules and regulations which he or she deems necessary, (ii) a copy of correspondence with another agency if such rules and regulations are outside his or her jurisdiction, including such rules and regulations being reviewed, and his or her recommendations for modification, or (iii) his or her reasons for determining that existing rules and regulations be continued without modification. (e) The county agricultural and farmland protection board shall notify the commissioner and the commissioner of the department of environmental conservation of any attempts to propose the siting of solid waste management facilities upon farmland within an agricultural district. Upon the request of one or more owners of land used in agricultural production the board may review the land classification for such land established by the department of agriculture and markets, consulting with the district soil and water conservation office, and the county cooperative extension service office. After such review, the board may recommend revisions to the classification of specific land areas based on local soil, land and climatic conditions to the department of agriculture and markets. 303. Agricultural districts; creation Any owner or owners of land may submit a proposal to the county legislative body for the creation of an agricultural district within SUch county, provided that such owner or owners own at least five hundred acres or at least ten per cent of the land proposed to be Included In the district, whichever. Is greater.~Such ~,-~ proposal shall be submitted in such manner and form as may be prescribed by~ the commissioner, shall include a description of the proposed district, including a 18 map delineating the exterior boundaries of the distdct which shall conform to tax parcel boundaries, and the tax map identification numbers for every parcel in the proposed district. The proposal may recommend an appropriate review pedod of either eight, twelve or twenty years. 2. Upon the receipt of such a proposal, the county legislative body: ao shall thereupon provide notice of such proposal by publishing a notice in a newspaper having general circulation within the proposed distdct and by posting such notice in five conspicuous places within the proposed district. The notice shall contain the following information: (1) a statement that a proposal for an agricultural distdct has been filed with the county legislature pursuant to this article; (2) a statement that the proposal will be on file open to public inspection in the county clerk's office; (3) a statement that any municipality whose territory encompasses the proposed district or any landowner who owns at least ten per cent of the land proposed to be included within the proposed modification of the proposed district may propose a modification of the proposed district in such form and manner as may be prescribed by the commissioner of agriculture and markets; (4) a statement that the proposed modification must be filed with the county clerk and the clerk of the county legislature within thirty days after the publication of such notice; (5) a statement that at the termination of the thirty day pedod, the proposal and proposed modifications will be submitted to the county planning board and county agricultural and farmland protection board and that thereafter a public hearing will be held on the proposal, proposed modifcafions and recommendations of the planning board and county agricultural and farmland protection board; shall receive any proposals for modifications of such proposal which may be submitted by such landowners or municipalities within thirty days after the publication of such notice; shall, upon the termination of such thirty day period, refer such proposal and Proposed modifications to the county planning board, whlch shall. within forty-five days, report to the county legislative body the potential effect of such proposal and proposed modifications upon the county's planning policies and objectives; do Shall simultaneously, upon the termination of such thirty day period, refer such proposal and proposed modifications to the 'county agricultural and farmland protection board, which shall, within forty-five days report to the 19 county legislative body its recommendations conceming the proposal and proposed modifications, and; e. shall hold a public headng in the following manner:. (1) The headng shall be held at a place within the proposed distdct or otherwise readily accessible to the proposed district; (2) The notice shall contain the following information: (a) a statement of the time, date and place of the public headng; (b) a description of the proposed district, any proposed additions and any recommendations of the county planning board or county agricultural and farmland protection board; (c) a statement that the public hearing will be held concerning: (i) the original proposal; (ii)any written amendments proposed dudng the thirty day review period; (iii) any recommendations proposed by the county agricultural and farmland protection board and/or the count planning board. (3) The notice shall be published in a newspaper having a general circulation within the proposed district and shall be given in writing to those municipalities whose territory encompasses the proposed district and any proposed modifications, ownem of real property within such a proposed district or any proposed modifications who are listed on the most recent assessment mil, the commissioner, the commissioner of environmental conservation and the advisory council on agriculture. The following factors shall be considered by the county planning board, the county agricultural and farmland protection board, and at any public hearing: (i) the viability of active farming within the proposed district and in areas adjacent thereto; (ii) the presence of any viable farm lands within the proposed district and adjacent thereto that are not now in active farming; (iii) the nature and extent of land uses other than active farming within the proposed district and adjacent thereto; (iv) county developmental patterns and needs; and (v) any other mattem which may be relevant. In judging viability, any relevant agricultural viability maps prepared by the commissioner of agriculture and markets shall be considered, as well as soil, 20 climate, topography, other natural factors, markets for farm products, the extent and nature of farm improvements, the present status of farming, anticipated trends in agricultural economic conditions and technology, and such other factors as may be relevant. The county legislative body, after receiving the repods of the county planning board and the county agricultural and farmland protection board and after such public headng, may adopt as a plan the proposal or any modification of the proposal it deems appropriate, and shall adopt as part of the plan an appropriate review pedod of either eight, twelve or twenty years. The plan as adopted shall, to the extent feasible, include adjacent viable farm lands, and exclude, to the extent feasible, nonviable farm land and non-farm land. The plan shall include only whole tax parcels in the proposed district. The county legislative body shall act to adopt or reject the proposal, or any modification of it, no later than one hundred eighty days from the date the proposal was submitted to this body. Upon the adoption of a plan, the county legislative body shall submit it to the commissioner of agdcuitura and markets. The commissioner may, upon application by the county legislative body and for good cause shown, extend the period for adoption and submission once for an additional thirty days. Where he or she does so, the county legislative body may extend the period for the report from the county planning board and/or the period for the report from the county agricultural and farmland protection board. The commissioner shall have sixty days after receipt of the plan within which to certify to the county legislative body whether the proposal, or a modification of the proposal, is eligible for districting, whether the area to be districted consists predominantly of viable agricultural land, and whether the plan of the proposed district is feasible, and will serve the public interest byassisting in maintaining a viable agricultural industry within the district and the state. The commissioner shall submit a copy of such plan to the commissioner of environmental conservation, who shall have thirty days within which to report his or her determination to the commissioner. A copy of such plan shall also be provided to the advisory council on agriculture. The commissioner shall not certify the plan as eligible for districting unless the commissioner of environmental conservation has determined that the area to be districted is consistent with state environmental plans, policies and objectives. Within sixty days after the ~ertiflcation by the commissioner that the proposed area is eligible for districting, and that districting would be consistent with state environmental plans, policies and objectives, the county legislative body may hold a public hearing on the plan, except that it shall hold a public hearing if the plan was modified by the commissioner or was modified by the county legislative body after they held the public hearing required by paragraph e of subdMsion two of this section and such modification was not considered at the original hearing. Notice of any such hearing shall be in a newspaper having general 21 circulation in the area of the proposed distdct and individual notice, in wdting, to those municipalities Whose territories encompass the proposed distdct modifications, the persons owning land directly affected by the proposed district modifications, the commissioner, the commissioner of environmental conservation and the advisory council on agriculture. The proposed district, if certified without modification by the commissioner, shall become effective thirty days after the termination of such public headng or, if there is no public headng, ninety days after such certification unless its creation is disapproved by the county legislative body within such pedod. Provided, however, that if, on a date within the thirty days after the termination of such public headng or, if there is no public hearing, within the ninety days after such certification, the county legislative body approves creation of the district, such district shall become effective on such date. Provided further, that notwithstanding any other provision of this subdivision, if the commissioner modified the proposal, the district shall not become effective unless the county legislative body approves the modified district; such approval must be given on a date within the thirty days after termination of the public headng; and the district, if approved, shall become effective on such date. Before approving or disapproving any proposal modified by the commissioner, the county legislative body may request reports on such modified proposal, from the county planning board and the county agricultural and farmland protection board. 7. [repealed] [renumbered from Subdivision 8] Upon the creation of an agricultural district, t.he description thereof, which shall include tax map identification numbers for all parcels within the district, plus a map delineating the exterior boundaries of the district in relation to tax parcel boundaries, shall be filed by the county legislative body with the county clerk, the county director of real property tax services, and the commissioner. For all existing agricultural districts, the county clerk shall also file with the commissioner upon request the tax map identification numbers for tax parcels within those districts. The commissioner, on petition of the county legislative body, may, for good cause shown, approve the correction of any errors in materials filed pursuant to a district creation at any time subsequent to the creation of any agricultural district. 303-a. Agricultural districts; review. The county legislative body shall review any distdct created under this section eight, twelve or twenty years after the date of its creation, consistent with the review period set forth in the plan creating such district and at the end of every eight, twelve or twenty year period thereafter, whichever may apply. In counties with multiple districts with review dates in any twelve month pedod, the commissioner, on petition of the county legislative body, may, for good cause shown, approve an extension of up to four years for a district review. Thereafter, 22 the extended review date shall be deemed the creation date for purposes of subsequent reviews by the county legislative body in accordance with this section. The review date of a distdct may not be extended more than four years. The petition of the county legislative body for an extension shall be submitted to the commissioner at least six months pdor to the review date. 2. In conducting a district review the county legislative body shall; aJ Provide notice of such distdct review by publishing a notice in a newspaper having general circulation within the distdct and by posting such notice in at least five conspicuous places within the district. The notice shall identify the municipalities in which the district is found and the district's total area; indicate that a map of the district will be on file and open to public inspection in the office of the county clerk and such other places as the legislative body deems appropriate; and notify municipalities and land owners within the district that they may propose a modification of the distdct by filing such proposal with the county clerk of the county legislature within thirty days after the publication of such notice; b. Direct the county agricultural and farmland protection board to prepare a report concerning the following: (1) The nature of farming and farm resources within such district; (2) The overall status of farming, the farm economy and farm investment in such district as evidenced by information provided by farmers on forms as may be prescribed by the commissioner, and other available data; (3) The extent to which the number of farms and. farm acres in such district furthers the purposes for which such district was originally created; (4) The extent to which the district has achieved its odginal objectives; (5) Any county agricultural and farmland protection planning or implementation efforts pursuant to article twenty-five-aaa of this chapter, and (6) Recommendations to continue, terminate or modify such district. Direct the county planning board to prepare a report conceming the following: (1) The effect of such distdct on county and local comprehensive plans, policies and objectives; (2) The Impacts of nonagricultural development in such district; · (3) The degree of coordination between local laws, ordinances, rules and regulations that apply to farm operations In such district and their influence on farming; and 23 3. (4) Recommendations to continue, terminate or modify such district. Hold a public hearing at least one hundred twenty days pdor to the district review date and not more than one hundred eighty days pdor to such date, in the following manner. (1) The hearing shall be held at a place Within the distdct or other-wise readily accessible to the proposed district; (2) A notice of public hearing shall be published in a newspaper having a general circulation within the district and shall be given in writing to those municipalities whose territories encompass the district and any proposed modifications to the district; to persons, as listed on the most recent assessment roll, whose land is the subject of a proposed modification; and to the commissioner; (3) The notice of hearing shall contain the following information: (a) (b) a statement of the time, date and place of the public headng; and a description of the district, any proposed modifications and any recommendations of the county planning board or county agricultural and farmland protection board. The county legislative body, after receiving the reports and recommendations of the county agricultural and farmland protection board and the county planning board, and after public heating, shall make a finding whether the distdct should be continued, terminated or modified. If the county legislative body finds that the district should be terminated, it may do so at the end of such eight, twelve or twenty year pedod, whichever may be applicable, by filing a notice of termination with the county clerk and the commissioner. If the county legislative body finds that the district should be continued or modified, it shall submit a distdct review plan to the commissioner. The district review plan shall include a description of the district, including a map delineating the exterior boundaries of the district which shall conform to tax parcel b0undades; the tax map identification numbers for every parcel in the district; copies of the reports of the county planning board and the county agricultural and farmland protection board required by paragraphs c and d of subdivision two of this section; and a copy of the testimony given at the public hearing required by subdivision two of this section or a copy of the minutes of such hearing. If the county legislative body does not act, or if a modification of a district is rejected by the county legislative body, the district shall continue as originally constituted, unless the commissioner, after consultation with the advisory council on agriculture, terminates such district, by filing a notice thereof with the county clerk, because: a. The area in the district is no longer predominantly viable agricultural land; or 24 The commissioner or environmental conservation has determined that the continuation of the distdct would not be consistent with state environmental plans, policies and objectives; provided, however, that if the commissioner certifies to the county legislative body that he or she will not approve the continuance of the distdct unless modified, the commissioner shall grant the county an extension as provided in subdivision one of this section to allow the county to prepare a modification of the distdct in the manner provided in this section. Plan review, certification and filing shall be conducted in the same manner prescribed for district creation in subdivisions five, six and seven of section three hundred three of this article. 304. Unique and irreplaceable agricultural lands; creation of districts The commissioner, after consulting with the advisory council on agriculture, may create agricultural districts covering any land in units of two thousand or more acres not already districted under section three hundred three of this article, if (a) the land encompassed in a proposed district is Predominantly unique and irreplaceable agricultural land; (b) the commissioner of environmental conservation has determined that such district would further state environmental plans, policies and objectives; and (c) the director of the division of the budget has given approval of the establishment of such area. Prior to creating an agricultural district under this section, the commissioner of agriculture and markets shall work closely, consult and cooperate with local elected officials, planning bodies, agriculture and agribusiness interests, community leaders, and other interested groups. The commissioner shall give primary consideration to local ~,ccds and desires, including local zoning and planning regulations as well as regional and local comprehensive land use plans. The commissioner shall file a map of the proposed district in the office of the clerk of any municipality in which the proposed district is to be located, and shall provide a copy thereof to the chief executive officer of any such municipality and the presiding officer of the local governing body, and, upon request, to any other person. The commissioner shall publish a notice of the filing of such proposed map and the availability of copies thereof in a newspaper of general circulation within the area of the proposed district, which notice shall also state that a public hearing will be held to consider the proposed district at a specified time and at a specified place either within the proposed district or easily accessible to the proposed district on a date not less than thirty days after such publication. In addition, the commissioner shall give notice, in writing, of such publichearing to persons owning land within the proposed district. The commissioner shall conduct a public hearing pursuant to such notice, and, in addition, any person shall have the opportunity to present written comments on the proposed district 25 within thirty days after the public headng. After due consideration of such local needs and desires, including such testimony and comments, if any, the commissioner may affirm, modify or withdraw the proposed district. Provided, however, that if the commissioner modifies the proposal to include any land not included in the proposal as it read when the public hearing was held, the commissioner shall hold another public hearing, on the same type of published and written notice, and with the same opportunity for presentation of written comments after the hearing. Then the commissioner may affirm, modify or withdraw the proposed district, but may not modify it to include land not included in the proposal upon which the second hearing was held. Upon such affirmation or modification, a map of the district shall be filed by the commissioner of agriculture and markets.with the county clerk of each county in which the distdct or a portion thereof is located, and publication of such filing shall be made in a newspaper of general circulation within the distdct to be created. The creation of the distdct shall become effective thirty days after such filing and publication. The commissioner shall review any distdct created under this section, in consultation with the advisory council on agriculture, the commissioner of environmental conservation and the director of the division of the budget, eight, twelve or twenty years after the date of its creation, consistent with the review pedod set forth in the plan creating such district or every eight years if the distdct was adopted prior to August first, nineteen hundred eighty-three, and every eight, twelve or twenty year pedod thereafter, whichever may be applicable. Each such review shall include consultations with local elected officials, planning bodies, agricultural and agribusiness interests, community leaders, county agricultural and farmland protection boards, and other interested groups, and shall also include a public hearing at a specified time and at a specified place either within the distdct or easily accessible to the proposed district, notice of such hearing to be published in a newsPaper having general circulation within the district. In addition, the commissioner shall give notice, in writing, of such public hearing to persons owning land in the district. After any such review, the commissioner may modify such distdct so as to exclude land which is no longer predominantly unique and irreplaceable agricultural land or to inciud~ additional such land, provided: (a) such modification would serve the public interest by assisting in maintaining a viable agricultural industry within the district and the state; (b) the commissioner of environmental conservation has determined that such modification would further state environmental plans, policies and objectives; and (c) such modification has been approved by the director of the division of the budget; provided, further that if the commissioner modifies the distdct to include additional land, he or she shall hold another public hearing, on the same type of published and wdtten notice. Then the commissioner may again modify or dissolve the district, but may not modify it to include land not included in the proposed modifications upon which the second headng was held. After any such review the commissioner, after consultation with the advisory council on agriculture, shall dissolve any such district if (a) the land within the district is no longer predominantly unique and irreplaceable agricultural land, or (b) the commissioner of environmental conservation has determined that the continuation of the district would not further state environmental plans, policies and objectives. A modification or dissolution of a district shall become effective in the same manner as is provided for in subdivision three of this section, except that in the case of dissolution, a notice of dissolution shall be filed instead of a map. 304-a. Agricultural assessment values Agricultural assessment values shall be calculated and certified annually in accordance with the provisions of this section. ao The commissioner of agriculture and markets shall establish and maintain an agricultural land classification system based upon soil productivity and capability. The agricultural land classification system shall distinguish between mineral and organic soils. There shall be ten pdmary groups of mineral soils and such other subgroups as the commissioner determines necessary to represent high-lime and Iow-lime content. There shall be four groups of organic soils. The land classification system shall be promulgated by role by the commissioner following a review of comments and recommendations of the advisory council on agriculture and after a public hearing. In making any revisions to the land classification system the commissioner may, in his or her discretion, conduct a public hearing. The commissioner shall foster participation by county agricultural and farmland protection beards, district soil and water conservation committees, and the cooperative extension service and consult with other state agencies, appropriate federal agencies, municipalities, the New York state college of agriculture and life sciences at Comell university and farm organizations. The commissioner shall certify to the state board of real .property sewices the soil list developed in accordance with the land classification system and any revisions thereto. The commissioner shall prepare such materials as may be needed for the utilization of the land classification system and provide assistance to landowners and local officials in its use. ao The state board of real property services shall annually calculate a single agricultural assessment value for each of the mineral and organic soll groups which shall be applied uniformly throughout the state. A base 27 agricultural assessment value shall be separately calculated for mineral and organic soil groups in accordance with the procedure set forth in subdivision four of this section and shall be assigned as the agricultural assessment value of the highest grade mineral and organic soil group. The agricultural assessment values for the remaining mineral soil groups shall be the product of the base agricultural assessment value and a percentage, derived from the productivity measurements determined for each soil and related soil group in conjunction with the land classification system, as follows: Mineral Soil Group Percentage of Base Agricultural Assessment Value lA lB 2A 89 2B 79 3A 79 3B 68 4A 68 4B 58 5A 58 5B 47 6A 47 6B 37 7 37 8 26 9 16 10 5 The agricultural assessment values for the remaining organic soil groups shall be the products of the base agricultural assessment value and a percentage, as follows: Organic Soil Group Percentage of Base Agricultural Assessment Value A 100 B 65 C 55 D 35 28 The agricultural assessment value for organic soil group A shall be two times the base agricultural assessment value calculated for mineral soil group IA. The agricultural assessment value for farm woodland shall be the same as that calculated for mineral soil group seven. Where trees or vines used for the production of fruit are located on land used in agricultural production, the value of such trees and vines, and the value of all posts, wires and trellises used for the production of fruit, shall be considered to be part of the agricultural assessment value of such land. The agricultural assessment value for land and waters used in aquacultural enterprises shall be the same as that calculated for mineral soil group IA. The base agricultural assessment value shall be the average capitalized value of production per acre for the eight year period ending in the second year preceding the year for which the agricultural assessment values are certified. The capitalized value of production per acm shall be calculated by dividing the product of the value of production per acre and the percentage of net profit by a capita!iT~fion rate of ten percent, representing an assumed investment return rate of eight percent and an assumed real property tax rate of two percent. The value of production per acre shall be the value of production divided by the number of acres harvested in New York state. The percentage of net profit shall be adjusted net farm income divided by realized gross farm income. (i) Adjusted net farm income shall be the sum of net farm income, taxes on farm real estate and the amount of mortgage interest debt attributable to farmland, less a management charge of one percent of realized gross farm income plus seven percent of adjusted production expenses. (ii) The amount of mortgage.interest debt attributable to farmland shall be the product of the interest on mortgage debt and the percentage of farm real estate value attributable to land. (iii) The percentage of farm real estate value attributable to land shall be the difference between farm real estate value and farm structure value divided by farm real estate value, (iv) Adjusted production expenses shall be production expenses, less the sum of the taxes on farm real estate and the interest on' mortgage debt. 29 o The following data, required for calculations pursuant to this subdivision, shall be as published by the United States department of agriculture for all farming in New York state: (i) Farm real estate value shall be the total Value of farmland and buildings, including improvements. (ii)Farm structure value shall be the total value of farm buildings, including improvements. (iii) Interest on mortgage debt shall be the total interest paid on farm real estate debt. (iv) Net farm income shall be realized gross income less production expenses, as adjusted for change in inventory. (v) Production expenses shall be the total cost of production. (vi) Realized gross income shall be the total of cash receipts from farm marketings, govemment payments, nonmoney income and other farm income. (vii) Taxes on farm real estate shall be the total real property taxes on farmland and buildings, including improvements. (viii) Number of acres harvested including all reported crops. (ix) Value of production shall be the total estimated value of all reported crops. so In the event that the data required for calculation pursuant to this subdivision is not published by the United States department of agriculture or is incomplete, such required data shall be obtained from the New York state department of agriculture and markets. Upon completion of the calculation of agricultural assessment values, the state board of real property services shall publish an annual report, which shall include a schedule of values, citations to data sources and presentation of all calculations. The state board of real property servicas shall transmit copies of the annual report to the governor and legislature, the advisory council on agriculture and other apprepdate state agencies and interested parties. The state board of real propeity'services shall thereupon certify the schedule of agricultural assessment values and the state board of real property services shall transmit a schedule of such certified values to each assessor. In carrying out their responsibilities under this section, the state board of real property services and the commissioner sha~l keep the advisory council on agriculture fully apprised on matters relating to its duties and responsibilities. 30 In doing so, the state board of real property services and the commissioner shall provide, in a timely manner, any materials needed by the advisory council on agriculture to carry out its responsibilities under this section. 304-b. Agricultural district data collection The commissioner shall develop and maintain, within funds made available for such purposes, information on agricultural districts and lands outside districts and receiving an agricultural assessment to assist in the agdculturel districts program administration and to evaluate the environmental and economic effects of the program. Counties containing agricultural districts or lands outside districts and receiving an agricultural assessment may develop and maintain, in coordination with the department of agriculture and markets, information cenceming districts and agricultural assessments in a manner prescribed by the commissioner. Owners or operators of land used in agricultural production within agricultural districts or outside districts and receiving an agricultural assessment shall provide the county with information about their property, including, but not limited to, total acres, number of acres of cropland, number of acres by land classification, if available, principal products, and approximate annual gross sales. The county shall provide to the commissioner at the time of district creation and review information given to the county by land owners or operators pursuant to this subdivision. Financial information about farm enterprises'received by the county or the commissioner pursuant to this section shall be exempt from disclosure as provided for in subdivision two of section eighty-seven* of the public officers law. Such information may be disclosed only as aggregate statistical data on farms or districts as a whole, except where the commissioner determines that disclosure is necessary for the effective administration of this article or to otherwise comply with applicable state or federal law. The commissioner shall file a written report with the govemor and the legislature biennially beginning January first, nineteen hundred ninety-four concerning the status of the agricultural districts database and agricultural districts program. Such a report shall include, but not be limited to, information included in subdivision two of 'this section. The report shall also include information pertaining to the conversions of lands from agriculture to non-agricultural uses and conversion penalties assessed, a list of the counties that have established county agricultural and farmland protection plans, a summary of the agricultural protection planning grants program and other relevant physical and economic information pertaining to lands that are receiving an agricultural .assessment pursuant to section three hundred five or three hundred six of this article. 31 305. Agricultural districts; effects 1. Agricultural assessments. Any owner of land used in agricultural production within an agricultural distdct shall be eligible for an agricultural assessment pursuant to this section. If an applicant rents land from another for use in conjunction with the applicant's land for the production for sale of crops, livestock or livestock products, the gross sales value of such products produced on such rented land shall be added to the gross sales value of such products produced on the land of the applicant for purposes of determining eligibility for an agricultural assessment on the land of the applicant. Such assessment shall be granted only upon an annual application by the owner of such land on a form prescribed by the state board of real property services. The applicant shall furnish to the assessor such information as the state board of real property services shall require, including classification information prepared for the applicant's land or water bodies used in agricultural production by the soil and water conservation distdct office within the county, and information demonstrating the eligibility for agricultural assessment of any land used in conjunction with rented land as specified in paragraph b of subdivision four of section three hundred one of this article. Such application shall be filed with the assessor of the assessing unit on or before the appropriate taxable status date; provided, however, that in the year of a revaluation or update of assessments, as those terms are defined in section one hundred two of the real property tax law, the application may be filed with the assessor no later than the thirtieth day prior to the day by which the tentative assessment roll is required to be filed by law. If the assessor is satisfied that the applicant is entitled to an agricultural assessment, the assessor shall approve the application and the land shall be assessed pursuant to this section. Not less than ten days prior to the date for hearing complaints in relation to assessments, the assessor shall mail to each applicant, who has included with the application at least one self-addressed, pre-paid envelope, a notice of the approval or denial of the application. Such notice shall be on a form prescribed by the state board of real property services which shall indicate the manner in which the total assessed value is apportioned among the various portions of the properly subject to agricultural assessment and those other portions of the property not eligible for agricultural assessment as determined for the tentative assessment roll and the latest final assessment roll. Failure to mail any such notice or failure of the owner to receive the same shall not prevent the levy, collection and enforcement of the payment of the taxes on such real property. That portion of the value of land utilized for agricultural production within an agdculturel distdct which represents an excess above the agricultural 32 Co do assessment as determined in accordance with this subdivision shall not be subject to real property taxation. Such excess amount if any shall be entered on the assessment roll in the manner prescribed by the state board of real property services. (i) The assessor shall utilize the agricultural assessment values per acre certified pursuant to section three hundred four-a of this article in determining the amount of the assessment of lands eligible for agdcu!tural assessments by multiplying those values by the number of acres of land utilized for agricultural production and adjusting such result by application of the latest state equalization rate or a special equalization rate as may be established and certified by the state board of real property services for the purpose of computing the agricultural assessment pursuant to this paragraph. This resulting amount shall be the agricultural assessment for such lands. (ii) Where the latest state equalization rate exceeds one hundred, or where a special equalization rate which would othem/ise be established for the purposes of this section would exceed one hundred, a special equalization rate of one hundred shall be established and certified by the state board for the purpose of this section. (iii) Where a special equalization rate has been established and certified by the state board for the purposes of this paragraph, the assessor Is directed and authorized to recompute the agricultural assessment on the assessment roll by applying such special equalization rate instead of the latest state equalization rate, and to make the appropriate corrections on the assessment roll, subject to the provisions of title two of article twelve of the real property tax law. (i) If land within an agricultural district which received an agricultural assessment is converted parcels, as described on the assessment roll which include land so converted shall be subject to payments equaling five times the taxes saved in the last year in which the land benefited from an agricultural assessment, plus interest of six percent per year compounded annually for each year in which an agricultural assessment was granted, not exceeding five years. The amount of taxes saved for the last year in which the land benefited from an agricultural assessment shall be determined by applying the applicable tax rates to the excess amount of assessed valuation of such land over its agricultural assessment as set forth on the last assessment roll which indicates such an excess. If only a portion of a parcel as described on the assessment roll is converted, the assessor shall apportion the assessment and agricultural assessment'attributable to~- the converted portion, as determined for the last assessment roll for' which the assessment of such portion exceeded its agricultural 33 assessment. The difference between the apportioned assessment and the apportioned agricultural assessment shall be the amount upon which payments shall be determined. Payments shall be added by or on behalf of each taxing jurisdiction to the taxes levied on the assessment roll prepared on the basis of the first taxable status date on which the assessor considers the land to have been converted; provided, however, that no payments shall be imposed if the last assessment roll upon which the property benefited from an agricultural assessment, was more than five years prior to the year for which the assessment roll upon which payments would otherwise be levied is prepared. (ii) Whenever a conversion occurs, the owner shall notify the assessor within ninety days of the date such conversion is commenced. If the landowner fails to make such notification within the ninety day period, the assessing unit, by majority vote of the goveming body, may impose a penalty on behalf of the assessing unit of up to two times the total payments owed, but not to exceed a maximum total penalty of five hundred dollars in addition to any payments owed. (iii) (a) An assessor who determines that there is liability for payments and any penalties assessed pursuant to subparagraph (ii) of this paragraph shall notify the landowner by mail of such liability at least ten days prior to the date for hearing complaints in relation to assessments. Such notice shall indicate the property to which payments apply and describe how the payments shall be determined. Failure to provide such notice shall not affect the levy, collection or enforcement or payment of payments. (b) Liability for payments shall be subject to administrative and judicial review as provided by law for review of assessments. (iv) If such land or any portion thereof is converted to a use other than for agricultural production by virtue of oil or gas exploration, development, or extraction activity or by virtue of a taking by eminent domain or other involuntary proceeding other than a tax sale, the land or portion so converted shall not be subject to payments. If the land so converted constitutes only a portion of a parcel described on the assessment roll, the assessor shall apportion the assessment, and adjust the agricultural assessment attributable to the portion of the parcel not subject to such conversion by subtracting the proportionate part of the agricultural assessment attributable to the portion so converted. Provided further that land within an agricultural district and eligible for an agricultural assessment shall not be considered to have been converted to a use other than for agricultural production solely due to the conveyance of oil and gas rights associated with that land. (v) An assessor who Imposes any such payments shall annuallY report such payments to the state board of real property services, in a 34 (vi) (vii) manner and form determined by the state board by roles and regulations. The assessing unit, by majority vote of the governing body, may impose a minimum payment amount, not to exceed one hundred dollars. The pumhase of land in fee by the city of New York for watershed protection purposes or the conveyance of a conservation easement by the city of New York to the department of environmental conservation which prohibits future use of the land for agricultural purposes shall not be a conversion of parcels and no payment shall be due under this section. In connection with any distdct created under section three hundred four of this article, the state shall provide assistance to each taxing jurisdiction in an amount equal to one-half of the tax loss that results from requests for agricultural assessments in the district. The amount of such tax loss shall be computed annually by applying the applicable tax rate to an amount computed by subtracting the agricultural assessment from the assessed value of the property on the assessment roll completed and filed prior to July first, nineteen hundred seventy-one, taking into consideration any change in the level of assessment. The chief fiscal officer of a taxing jurisdiction entitled to state assistance under this article shall make application for such assistance to the state board of real property services on a form approved by such board and containing such information as the board shall require. Upon approval of the application by such board, such assistance shall be apportioned and paid to such taxing jurisdiction on the audit and warrant of the state comptroller out of moneys appropriated by the legislature for the purpose of this article; provided, however, that any such assistance payment shall be reduced by one-half the amount of any payments levied under subparagraph (i) of paragraph d of this subdivision, for land in any district created under section three hundred four of this article, unless .one-half the amount of such payments has already been used to reduce a previous assistance payment under this paragraph. Notwithstanding any inconsistent general, special or local law to the contranj, if a natural disaster, act of Ged, or continued adverse weather conditions shall destroy the agricultural production and such fact is certified by the cooperative extension service and, as a result, such production does not produce an average gross sales value of ten thousand dollars or more, the owner may nevertheless qualify for an agricultural assessment provided the owner shall substantiate in such manner as prescribed by the state board of real property services that the agricultural production initiated on such land would have produced an average gross sales value of ten thousand dollars or more but for the natural disaster, act of God or continued adverse weather conditions. 35 [repealed] Policy of state agencies. It shall be the policy of all state agencies to encourage the maintenance of viable farming in agricultural districts and their administrative regulations and procedures shall be modified to this end insofar as is consistent with the promotion of public health and safety and with the provisions of any federal statutes, standards, criteria, rules, regulations, or policies, and any other requirements of federal agencies,, including previsions applicable only to obtaining federal grants, loans, or other funding. Limitation on the exemise of eminent domain and other public acquisitions, and on the advance of public funds. ao Any agency of the state, any public benefit corporation or any local government which intends to acquire land or any interest therein, provided that the acquisition from any one actively operated farm within the district would be in excess of one acre or that the total acquisition within the district would be in excess often acres, or which intends to construct, or advance a grant, loan, interest subsidy or other funds within a district to construct, dwellings, commercial or industrial facilities, water or sewer facilities to serve non-farm structures, shall use all practicable means in undertaking such action to realize the policy and goals set forth in this article, and shall act and choose alternatives which, consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable farm enterprise or enterprises within the district. The adverse agricultural impacts to be minimized or avoided shall include impacts revealed in the notice of intent process described in this subdivision. As early as possible in the development of a proposal of an action described in paragraph a of this subdivision, but in no event later than the date of any determination as to whether an environmental impact statement need be prepared pursuant to article eight of the environmental conservation law, the agency, corporation or government proposing an action described in paragraph a of this subdivision shall file a preliminary notice of its intent with the commissioner and the county agdculturel and farmland protection board in such manner and form as the commissioner may require. Such preliminary notice shall include the following: (i) a brief description of the proposed action and its agricultural setting; (ii)a summary of any anticipated adverse impacts on farm.operations and agricultural resoUrces within the district; and (iii) such other Information as the commissioner may require. 36 The agency, corporation or govemment proposing the action shall also, at least sixty-five days prior to such acquisition, construction or advance of public funds, file a final notice of intent with the commissioner and the county agricultural and farmland protection board. Such final notice shall include a detailed agricultural impact statement setting forth the following: (i) a detailed description of the proposed action and its agricultural setting; (ii) the agricultural impact of the proposed action including short-term and long-term effects; (iii) any adverse agricultural effects which cannot be avoided should the proposed action be implemented; (iv) alternatives to the proposed action; (v) any irreversible and irretrievable commitments of agricultural resources which would be involved in the proposed action should it be implemented; (vi) mitigation measures proposed to minimize the adverse impact of the proposed action on the continuing viability of a farm enterprise or enterprises within the district; (vii) any aspects of the proposed action which would encourage non-farm development, where (viii) such other information as the commissioner may require. The commissioner shall promptly determine whether the final notice is complete or incomplete. If the commissioner does not issue such determination within thirty days, the final notice shall be deemed complete. If the final notice is determined to be incomplete, the commissioner shall notify the party proposing the action in writing, of the reasons for that determination. Any new submission shall commence a new period for department review for purposes of determining completeness. The provisions of paragraphs b and c of this subdivision shall not apply and shall be deemed waived by the owner of the land to be acquired where such owner signs a document to such effect and provides a copy to the commissioner. Upon notice from the commissioner that he or she has accepted a final notice as complete, the county agricultural and farmland protection beard may, within thirty days, review the proposed action and its effects on farm operations and agricultural resources within the district, and report its findings and recommendations to the commissioner and to the party proposing the action in the case of actions proposed by a state agency or public benefit corporation, and additionally to the county legislature in the case of actions proposed by local government agencies. 37 Upon receipt and acceptance of a final notice, the commissioner shall thereupon forward a copy of such notice to the commissioner of environmental conservation and the advisory council on agriculture. The commissioner, in consultation with the commissioner of environmental conservation and the advisory council on agriculture, within forty-five days of the acceptance of a final notice, shall review the proposed action and make an initial determination whether such action would have an unreasonably adverse effect on the continuing viability of a farm enterprise or enterprises within the district; or state environmental plans, policies and objectives. if the commissioner so determines, he or she may (i) issue an order within the forty-five day period directing the state agency, public benefit corporation or local government not to take such action for an additional period of sixty days immediately following such forty-five day period; and (ii) review the proposed action to determine whether any reasonable and practicable altemative or alternatives exist which would minimize or avoid the adverse impact on agriculture in order to sustain a viable farm enterprise or enterprises within the district. The commissioner may hold a public hearing concerning such proposed action at a place within the district or otherwise easily accessible to the district upon notice in a newspaper having a general circulation within the district, and individual notice, in writing, to the municipalities whose ten'itories encompass the district, the commissioner of environmental conservation, the advisory council on agriculture and the state agency, public benef'~ corporation or local government proposing to take such action. On or before the conclusion of such additional sixty day period, the commissioner shall report his or her findings to the agency, corporation or govemment proposing to take such action, to any public agency having the power of review of or approval of such action, and, in a manner conducive to the wide dissemination of such findings, to the public. If the commissioner concludes that a reasonable and practicable alternative or altematives exist which would minimize or avoid the adverse impact of the proposed action, he or she shall propose that such alternative or alternatives be accepted. If the agency, corporation or government proposing the action accepts the commissioner's proposal, then the requirements of the notice of intent filing shall be deemed f~lfilled. If the agency, corporation or govemment rejects the commissioner's proposal. then it shall provide the commissioner with reasons for rejecting such proposal and a detailed comparison between its proposed action and the commissioner's alternative or alternatives. At least ten days before commencing an action which has been the subject of a notice of intent filing, the agency, corporation or government shall 38 certify to the commissioner that it has made an explicit finding that the requirements of this subdivision have been met, and that consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent process will be minimized or avoided. Such certification shall set forth the reasons in support of the finding. The commissioner may request the attomey general to bdng an action to enjoin any such agency, corporation or government from violating any of the previsions of this subdivision. Notwithstanding any other prevision of law to the contrary, no solid waste management facility shall be sited on land in agricultural production which is located within an agricultural district, or land in agricultural production that qualifies for and is receiving an agricultural assessment pursuant to section three hundred six of this article. Nothing contained herein, however, shall be deemed to prohibit siting when: (i) The owner of such land has entered into a written agreement which shall indicate his consent for site consideration; or (ii) The applicant for a permit has made a commitment in the permit application to fund a farm land protection conservation easement within a reasonable proximity to the proposed project in an amount not less than the dollar value of any such farm land purchased for the project; or (iii) The commissioner in concurrence with the commissioner of environmental conservation has determined that any such agricultural land to be taken, constitutes less than five percent of the project site. For purposes of this paragraph, "solid waste management facility" shall have the same meaning as provided in title seven of article twenty-seven of the environmental conservation law, but shall not include solid waste transfer stations or land upon which sewage sludge is applied, and determinations regarding agricultural district boundaries and agricultural assessments will be based on those in effect as of the date an initial determination is made, pursuant to article eight of the environmental conservation law, as to whether an environmental impact statement needs to be prepared for the proposed project. This subdivision shall not apply to any emergency project which is immediately necessary for the protection of life or property or to any project or proceeding to which the department is or has been a statutory party. The commissioner may bring an action to enforce any mitigation measures proposed by a public benefit corporation or a local government, and 39 accepted by the commissioner, pursuant to a notice of intent filing, to minimize or avoid adverse agricultural impacts from the proposed action. Limitation on power to impose benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas. Within improvement districts or areas deemed benefited by municipal improvements including, but not limited to, improvements for sewer, water, lighting, non-farm drainage, solid waste disposal, including those solid waste management facilities established pursuant to section two .hundred twenty-six-b of the county law, or other landfill operations, no benefit assessments, special ad valorem levies or other rates of fees charged for such improvements may be imposed on land used pdmadly for agricultural production within an agricultural district on any basis, except a lot not exceeding one-half acre surrounding any dwelling or non-farm structure located on said land nor on any farm structure located in an agricultural distdct unless such structure benefits directly from the service of such improvement distdct or benefited area; provided, however, that if such benefit assessments, ad valorem levies or other rates of fees were imposed prior to the formation of the agricultural district, then such benefit assessments, ad valorem levies or other rates or fees shall continue to be imposed on such land or farm structure. Use of assessment for certain purposes. The goveming body of a fire, fire protection, or ambulance district for which a benefit assessment or a special ad valorem levy is made, may adopt a resolution to proVKle that the assessment determined pursuant to subdivision one of this section for such property shall be used for the benefit assessment or special ad valorem levy of such fire, fire protection, or ambulance district. Notwithstanding any provision of law to the contrary, that portion of the value of land which is used solely for the purpose of replanting or crop expansion as part of an orchard or vineyard shall be exempt from real property taxation for a pedod not to exceed four successive years following the date of such replanting or crop expansion beginning on the first eligible taxable status .date following such replanting or expansion provided the following conditions are met: ao The land used for crop expansion or replanting must be a part of an existing orchard or vineyard which is located on land used in agricultural production within an agricultural district or such land must be part of an existing orchard or vineyard which is eligible for an agricultural assessment pursuant to this section or section three hundred six of this chapter where the owner of such land has filed an annual application for an agricultural assessment; The land eligible for such real propeK'y tax exemption shall not in any one year exceed twenty percent of the total .acreage of such orchard or vineyard which is located on land used in agricultural production within an agricultural 40 district or twenty pement of the total acreage of such omhard or vineyard eligible for an agricultural assessment pumuant to this section and section three hundred six of this chapter where the owner of such land has filed an annual application for an agricultural assessment; The land eligible for such real property tax exemption must be maintained as land used in agricultural production as part of such omhard or vineyard for each year such exemption is granted; and When the land used for the purpose of replanting or crop expansion as part of an orchard or vineyard is located within an area which has been declared by the governor to be a disaster emergency in a year in which such tax exemption is sought and in a year in which such land meets all other eligibility requirements for such tax exemption set forth in this subdivision, the maximum twenty percent total acreage restriction set forth in paragraph b of this subdivision may be exceeded for such year and for any remaining successive years, provided, however, that the land eligible for such real property tax exemption shall not exceed the total acreage damaged or destroyed by such disaster in such year or the total acreage which remains damaged or destroyed in any remaining successive year. The total acreage for which such exemption is sought pureuant to this paragraph shall be subject to verification by the commissioner or his designee. 305-a. Coordination of local planning and land use decision-making with the agricultural districts program 1. Policy of local govemments. Local govemments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened. The commissioner, upon his or her own initiative or upon the receipt of a complaint from a person within an agricultural district, may bring an action to enforce the provisions of this subdivision. Agricultural data statement; submission, evaluation. Any application for a special use permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by a planning beard, zoning board of appeals, town board, or village board of trustees pursuant to article sixteen of the town law or article seven of the village law, that would occur on property within an 41 agricultural distdct containing a farm operation or on property with boundaries within five hundred feet of a farm operation located in an agricultural district, shall include an agricultural data statement. · The planning board, zoning board of appeals, town board, or village board of trustees shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district. The information required by an agricultural data statement may be included as part of any other application form required by local law, ordinance or regulation. Agricultural data statement; notice provision. Upon the receipt of such application by the planning board, zoning board of appeals, town board or village board of trustees, the clerk of such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the said project. The cost of mailing said notice shall be borne by the applicant. Agricultural data statement; content. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within five hundred feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. 306. Agricultural lands outside of districts; agricultural assessments Any owner of land used in agricultural production outside of an agricultural district shall be eligible for an agricultural assessment as provided herein. If an applicant rents land from another for use in conjunction with the applicants land for the production for sale of crops, livestock or livestock products, the gross sales value of such products produced on such rented land shall be added to the gross sales value of such products produced on the land of the applicant for purposes of determining eligibility for an agricultural assessment on the land of the applicant. Such assessment shall be granted pursuant to paragraphs a, b and f of subdivision one of section three hundred five of this article as if such land were in an agricultural district, provided the landowner annually submits to the assessor an application for an agricultural assessment on or before the taxable status date. In the year of a revaluation or update of assessments, as those terms are defined in section one hundred two of the real property tax law, the application may be filed with the assessor no later than the thirtieth day prior to the day by 42 which the tentative assessment roll is required to be filed by law. Nothing therein shall be construed to limit an applicant's discretion to withhold from such application any land, or portion thereof, contained within a single operation. 1-a [repealed] 2. a. (i) If land which received an agricultural assessment pursuant to this section is converted at any time within eight years from the time an agricultural assessment was last received, such conversion shall subject the land so converted to payments in compensation for the pdor benefits of agricultural assessments. The amount of the payments shall be equal to five times the taxes saved in the last year in which land benefited from an agricultural assessment, plus interest of six percent per year compounded annually for each year in which an agricultural assessment was granted, not exceeding five years. (ii) The amount of taxes saved for the last year in which the land benef~ed from an agricultural assessment shall be determined by applying the applicable tax rates to the amount of assessed valuation of such land in excess of the agricultural assessment of such land as set forth on the last assessment roll which indicates such an excess. If only a portion of such land as described on the assessment roll is converted, the assessor shall apportion the assessment and agricultural assessment attributable to the converted portion, as determined for the last assessment roll on which the assessment of such portion exceeded its agricultural assessment. The difference between the apportioned assessment and the apportioned agricultural assessment shall be the amount upon which payments shall be determined. Payments shall be levied in the same manner as other taxes, by or on behalf of each taxing jurisdiction on the assessment roll prepared on the basis of the first taxable status date on which the assessor considers the land to have been converted; provided, however, that no payments shall be imposed if the last assessment roll upon which the property benefited from an agricultural assessment, was more than eight years prior to the year for which the assessment roll upon which payments would otherwise be levied is prepared. (iii) Whenever a conversion occurs, the owner shall notify the assessor within ninety days of the date such conversion is commenced. If the landowner fails to make such notification within the ninety day pedod, the assessing unit, by majority vote of the governing body, may impose a penalty on behalf of the assessing unit of up to two times the total payments owed, but not to exceed a maximum total penalty of five hundred dollars in addition to any payments owed. b. (i) An assessor who determines that there is liability for payments and any penalties pursuant to subparagraph (ii) of this paragraph shall notify the landowner of such liability at least ten days prior to the day for headng of 43 complaints in relation to assessments. Such notice shall specify the area subject to payments and shall descdbe how such payments shall be determined. Failure to provide such notice shall not affect the levy, collection, or enforcement of payments. (ii) Liability for payments shall be subject to administrative and judicial review as provided by law for the review of assessments. (iii) An assessor who imposes any such payments shall annually report such payments to the state board of real property services, in a manner and form determined by the state board by rules and regulations. (iv) The assessing unit, by majority vote of the govemment body, may impose a minimum payment amount, not to exceed one hundred dollars. Co If such land or any portion thereof is converted by virtue of oil or gas exploration, development, or extraction activity or by virtue of a taking by eminent domain or other involuntary proceeding other than a tax sale, the land or portion so converted shall not be subject to payments. If land so converted constitutes only a portion of a parcel described on the assessment roll, the assessor shall apportion the assessment, and adjust the agricultural assessment attributable to the portion of the parcel not subject to such conversion by subtracting the proportionate part of the agricultural assessment attributable to the portion so converted. Provided further that land outside an agricultural district and eligible for an agricultural assessment pursuant to this section shall not be considered to have been converted to a use other than for agricultural production solely due to the conveyance of oil and gas rights associated with that land. The purchase of land in fee by the city of New York for watershed protection purposes or the conveyance of a conservation easement by the city of New York to the department of environmental conservation which prohibits future use of the land for agricultural purposes shall not be a conversion of parcels and no payment for the prior benefits of agricultural assessments shall be due under this section. Upon the inclusion of such agricultural lands in an agricultural district formed pursuant to section three hundred three, the provisions of sect'ton three hundred five shall be controlling. A payment levied pursuant to subparagraph (i) of paragraph a of subdivision two of this section shall be a lien on the entire parcel containing the converted land, notw'r[hstanding that less than the entire parcel was converted. Use of assessment for certain purposes. The governing body of a water, lighting, sewer, sanitation, fire, fire protection, or ambulance dis.t.rict for whose benefit a special assessment or a special ad valorem levy is imposed, may adopt a resolution to provide that the assessments determined pursuant to subdivision 44 one of this section for property within the district shall be used for the special assessment or special ad valorem levy of such special district. 307. Promulgation of rules and regulations The state board of real property services and the commissioner are each empowered to promulgate such rules and regulations and to prescribe such forms as each shall deem necessary to effectuate the purposes of this article, and the commissioner is further empowered to promulgate such rules and regulations as are necessary to provide for the reasonable consolidation of existing agricultural districts with new agricultural districts or with other existing distr{cts undergoing modification pursuant to section three hundred three of this article. Where a document or any other paper or information is required, by such rules and regulations, or by any provision of this article, to be filed with, or by, a county clerk or any other local official, such clerk or other local official may file such document, paper, or information as he deems proper, but he shall also file or record it in any manner directed by the state board of real property services, by rule or regulation. In promulgating such a rule or regulation, such board shall consider, among any other relevant factors, the need for security of land titles, the requirement that purchasers of land know of all potential tax and penalty liabilities, and the desirability that the searching of titles not be further complicated by the establishment of new sets of record books. 308. Right to farm The commissioner shall, in consultation with the state advisory council on agriculture, issue opinions upon request from any person as to whether particular agricultural practices are sound. bo Sound agricultural practices refer to those practices necessary for the on-farm production, preparation and marketing of agricultural commodities. Examples of activities which entail practices the commissioner may consider include, but are not limited to, operation of farm equipment; proper use of agricultural chemicals and other crop protection methods; direct sale to consumers of agricultural commodities or foods containing agricultural commodities produced on-farm; and construction and use of farm structures. The commissioner shall consult appropriate state agencies and any guidelines recommended by the advisory council on agriculture, The commissioner may consult as appropriate, the New York state college of agriculture and life sciences and the U.S.D.A. natural resources conservation service. Such practices shall be evaluated on a case-by-case basis. UPOn the issuance of an opinion pursuant to this section, the commissioner shall publish a notice in a newspaper having a general circulation in the area surrounding the practice and notice shall be given in writing to the owner of the property on which the practice Is conducted and any adjoining property owners. 45 The opinion of the commissioner shall be final, unless within thirty days after publication of the notice a pemon affected thereby institutes a proceeding to review the opinion in the manner provided by article seventy-eight of the civil practice law and rules. Notwithstanding any other provisions of law, on any land in an agricultural district created pursuant to section three hundred three or land used in agricultUral production subject to an agricultural assessment pursuant to section three hundred six of this article, an agricultural practice shall not constitute a private nuisance, when an action is brought by a person, provided such agricultural practice constitutes a sound, agricultural practice pursuant to an opinion issued upon request by the commissioner. Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for personal injury or wrongful death. The commissioner, in consultation with the state advisory council on agriculture, shall issue an opinion within thiKy days upon request from any person as to whether particular land uses are agricultural in nature. Such land use decisions shall be evaluated on a case-by-case basis. 308-a. Fees and expenses in certain private nuisance actions. 1. Definitions. For purposes of this section: "Action" means any civil action brought by a person in which a private nuisance is alleged to be due to an agricultural practice on any land in an agricultural district or subject to agricultural assessments pursuant to section three hundred three or three hundred six of this article, respectively. "Fees and other expenses" means the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, consultation with experts, and like expenses, and reasonable attomey fees, including fees for work performed by law students or paralegals under the supervision of an attorney, incurred in connection with the defense of any cause of action for private nuisance which is alleged as part of a civil action brought by a person. c. "Final judgment" means a judgment that is final and not appealable, and settlement. "Prevailing party" means a defendant in a civil action brought by a person, in which a private nuisance is alleged to be due to an agricultural practice, where the defendant prevails in whole or in substantial part on the private nuisance cause of action. 2. Fees and other expenses in certain private nuisance actions. 46 When awarded. In addition to costs, disbursements and additional allowances awarded pursuant to sections eight thousand two hundred one through eight thousand two hundred four and eight thousand three hundred one through eight thousand three hundred three-a of the civil practice law and rules, and except as otherwise specifically provided by statute, a court shall award to a prevailing party, other than the plaintiff, fees and other expenses incurred by such party in connection with the defense of any cause of action for private nuisance alleged to be due to an agricultural practice, provided such agricultural practice constitutes a sound agricultural practice pursuant to an opinion issued by the commissioner under section three hundred eight of this article, prior to the start of any trial of the action or settlement of such action, unless the court finds that the position of the plaintiff was substantially justified or that special circumstances make an award unjust. Fees shall be determined pursuant to prevailing market rates for the kind and quality of the services fumished, except that fees and expenses may not be awarded to a party for any portion of the litigation in which the party has unreasonably protracted the proceedings. Application for fees. A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application which sets forth (i) the facts supporting the claim that the party is a prevailing party and is eligible to receive an award under this section, (ii) the amount sought, and (iii) an itemized statement from every attorney or expert witness for which fees or expenses are sought stating the actual time expended and the rate at which such fees and other expenses are claimed. Interest. If the plaintiff appeals an award made pursuant to this section and the award is affirmed in whole or in part, interest shall be paid on the amount of the award. Such interest shall run from the date of the award through the day before the date of the affirmance. 4. Applicability. Nothing contained in this section shall be construed to alter or modify the previsions of the civil practice law and rules where applicable to actions other than actions as defined by this section. bo Nothing contained in this section shall affect or preclude the right of any party to recover fees or other expenses authorized by common law or by any other statute, law or rule. 309. Advisory council on agriculture There shall be established within the department the advisory council on agriculture, to advise and make recommendations to the state agencies on state government plans, policies and programs affecting agriculture, as outlined below, and in such areas as its experience and studies may indicate to be appropriate. The department of agriculture and markets shall provide necessary secretariat and support services to the council. The advisory council on agriculture shall consist of eleven members appointed by the governor with the advice and consent of the senate, selected for their expedenca and expertise related to areas of council responsibility. At least five members of the council shall be operators of a commercial farm ent.erpdse and at least two members shall be representatives of local governments. 'The balance of the council shall be comprised of representatives of business or institutions related to agriculture. Members shall be appointed for a term of three years and may serve until their successors are chosen provided, however, that of the members first appointed, three shall serve for a term of one year, three shall serve for a term of two years, and three shall serve for a term of three years. Members shall serve without salary but shall be entitled to reimbursement of their ordinary and necessary travel expenses. The members of the council shall elect a chairman. The duties and responsibilities of the advisory council on agriculture as they pertain to agricultural districts shall include, but not be limited to, providing timely advice, comments and recommendations to the commissioner in regard to: a. the establishment of agricultural districts; b. the eight year review of agricultural districts; and c. the establishment of and any revision to the land classification system used in' connection with the determination of agricultural assessment values. The commissioner may delegate to the council such additional duties and responsibilities as he deems necessary. The duties and responsibilities of the advisory council on agriculture shall include, but not be limited to, providing timely advice, comments and recommendations to the state board of real property services in regard to the establishment of agricultural assessment values. The advisory council on agriculture shall advise the commissioner and other state agency heads on state government plans, policies and programs affecting farming and the agricultural industry of this state. Concerned state agencies shall be encouraged to establish a working relationship with the council and shall fully cooperate with the council in any requests it shall make. 48 o 310. 1. The advisory council on agriculture may ask other individuals to attend its meetings or work with it on an occasional or regular basis provided, however, that it shall invite participation by the chairman of the state soil and water conservation committee and the dean of the New York state college of agriculture and life sciences at Comell university. The advisory council on agriculture shall set the time and place of its meetings, and shall hold at least four meetings per year. The advisory council on agriculture shall file a wdtten report to the governor and the legislature by ^pdl first each year concerning its activities dudng the previous year and its program expectations for the succeeding year. The advisory council on agriculture shall advise the commissioner in regards to whether particular land uses are agricultural in nature. Disclosure When any purchase and sale contract is presented for the sale, purchase, or exchange of real property located partially or wholly within an agricultural district, the prospective grantor shall present to the prospective grantee a disclosure notice which states the following: "It is the policy of this state and this community 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 residents that the property they are about to acquire lies partially or wholly within an agricultural distdct and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors. Prospective residents are also informed that the location of property within an agricultural distdct may impact the ability to access water and/or sewer services for such property under certain circumstances." Such disclosure notice shall be signed by the prospective grantor and grantee pdor to the sale, purchase or exchange of such real property. Receipt of such disclosure notice shall be recorded on a property transfer report form prescribed by the state board of real property services as provided for in section three hundred thirty-three of the real property law. [effective date for 1999 changes to Section 310: 7/1/00] PUBLIC HEARING MARCH 28, 2000 8:00 P.M. 1N THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO GREENHOUSES, CHAPTER 100 ZONING OF THE CODE OF THE TOWN OF SOUTHOLD". Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richer Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Absent: Councilman William D. Moore SUPERVISOR COCHRAN: John, do you want to read it? COUNCILMAN ROMANELLI: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of February, 2000 a Local Law entitled "A Local Law in Relation to Greenhouses, Chapter 100 Zoning of the Code of the Town of Southold", Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, March 28, 2000 as the time and place for a public hearing at which time all interested persons will be heard. This proposed "Local Law in Relation to Greenhouses, Chapter 100 of the Code of the Town of Southold" which reads as follows: A Local Law in Relation to Greenhouses Be it enacted by the Town Board of the Town of Southold as follows: I. Chapter 100 entitled ZONING of the Town Code of Southold is hereby mended as follows: ARTICLE I, General Provisions 100-13 (B) Definitions: GREENHOUSE -- A structure for growing plants. A2rlcultural Greenhouse: A~rlcultural Rreenhouses are Greenhouses that are used solely for wholesale al~ricultural ooerations. No retail sales, excent as oermitted under the Town'j farm ~tand law. are nermitted. Personal Greenhouse: Personal Greenhouses are greenhouses that are for oersonal use only. Personal greenhouses shall not exceed 250 sauare feet. No wholesale or retail sales are oermitted exceot as oermitted under the Town's farmstand law. Retail Greenhouses: Retail ~reenhouses are ureenhouses where retail sales are uermitted. II. ARTICLE III, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, K-200 and R-400 Districts § 100-31. Use regulations. In A-C, R-80, R-120, R-200 and R400 Districts, no building or premises shall be used and no building or par~ ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (c) B~ms, storage buildings, greenhouses A~ricultUral Greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. Retail Greenhouses are not nermitted, i) The followin~ additional reouirements aoolv to A~ricultural Greenhouses in the AC: R-120: R=200: R- 400: LI: and LIO Zoning Districts: a) Minimum Lot Size- 5 acres b) Maximum Lot Coverage- 60%: if the lot is nonconforming maximum lot coverage is 20%. Lot coverage includes all structures on the oarcel, not just greenhouses. Ex. Farm Stand storage buildings, suooort buildings, etc. c) Setbacks: il Fron~ard- If no screenina the frontvard ii) iii) setback shall be 300 ft. If there is screenin~ than the setback shall be 200 ft. Rear yard- If there is no screening the setback shall be 50 ft. If there is screenine than the setback shall be 25ft. Sid~ yard- If there is screenin~ than the setback shall be 50it, combined 100ft. If there is screenin~ than thesetback shall be 2fi ft, combined ~0 ft. d) Outdoor Storage: All outdoor storage of materials associated with the A~icultural Greenhouse(si must be located in the rear yard or screened. Screening is defined in this section. el Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three years of~rowth to accomolish the screening. Alon~ Route 25 and County Route 48 the scroenin~ must be at least 60 ft back from the road to avoid growth on too of the road and elimination of ooenness of these roadways. Planning Board aporoval is reunited if an aoolicant seeks to substitute some other tyne of screening for natural screening. ii) The following additional reouirements aoolv for agricultural2reenhouses in the R-80 zoning district. al Minimum Lot Size- 10 acres b/ Maximum Lot Coverage- 60% cl Front Yard: 300 ft dl RcarYnrd: If there is no screening than the setback shall be 100 ft. If there is screening than the setback shall be 50 ft. el Side Yard: ffthere is no screening than the setback shall be 100 ft. If there is screenin~ than the setback shall be 50 ft. fl Outdoor Storage: All outdoor storage of materials associated with the Agricultural Greenhouse(si must be located in the rear yard or screened. Screening is defined in this section. gl Screening: The criteria for screening is that the screening must be natural screenin~ and must effectively screen year-round. There can be three (3) vcars of~erowth to accomolish the screening. Along Route 25 and County Route 48 the scroenin~ must be at least 60 ft back from the road to avoid ~rowth on too of the road and elimination of ooenness of these roadways. Plannin~ Board auoroval is reouired if an aoolicant seeks to substitute some other tyne of screenin2 for natural screening. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: 4 · 12. Personal Greenhouses III. ARTICLE III& Low-Density Residential R-40 District § 100-30A.2. Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: (1) Same as § 100-3 lA of the Agricultural-Conservation District, except that wineries and Retail Greenhouses are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] IV. ARTICLE IV, Hamlet Density (I-ID) Residential District § 100-42. Use regulations. (I) Accessory uses, limited to the following: Accessory uses as set forth in and regulated by § 100-31C(1) through (7), (9),and (I1) ,and (12) of the Agricultural-Conservation District, and subject to conditions set forth in § 100-33 thereof. V. ARTICLE V, Affordable Housing (AtID) District § 100-52. Applicability. § 100-53. Use regulations. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (2), (3), (4), (6) and (7) and (12) of this chapter. VI: ARTICLE VI, Resort Residential (RR) District § 100-61. Use regulations~ In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-3 IA of the Agricultural- Conservation District, except that wineries and Retail Greenhouses are ~xeluded. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-3 lC(l) through (7)of the Agricultural-Conservation District. Personal Greenhouses are also a oermitted accessory use and are not subiect to site olan review. VI. ARTICLE VII, Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1989; 2-7-1995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15- 1999] C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted accessory use and re not sub|eot to site ~lan review. VII. ARTICLE VIII, Limited Business (LB) District § 100-81. Use regulations. In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or inpart, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residonces require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-3 lA of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below and exeeot A~ricultural Greenhouses which are not oennitted and Retail Greenhouses which are nermitted subiect to site ~lan aooroval and the bulk schedule of the LB Zonine District. c. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions'set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted use and are not subieet to site olan review. VHI. ARTICLE IX, Hamlet Business (HB) District § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(l) and (3) of the Agricultural-Conservation District except that A~ricultural Greenhouses are not oermitted and Retail Greenhouses are oermitted subject to site elan aooroval and the bulk schedule of the HB Zonine District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by {} 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in {} 100-33 thereof. Personal Greenhouses are also a nermitted accessory uses and are not sub|eet to site vlan a~nroval, IX. ARTICLE X, General Business (B) District § I00-101. Use'regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following t/Scs are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) oi~the Agricultural-Conservation District except that A~ricultural Greenhouses are not ~ermitted and Retail Greenhouses are nermitted sub|eet to site ~lan a~l~roval and the bulk schedule of the B Zonin~ District. ~C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (I) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a nermitted accessory use and are not subieet to site nlan a~roval. 7 X. AKTICLE XI, Marine I (MI) Distriot [.Added 1-10-1989 by L.L. No. 1-1989EN] § 100-11 I. Use regulations. In an MI District, no building or premises shall be used and no building or part cfa building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a permitted accessory use and are not subieet to site plan approval. XI. ARTICLE XII, EN Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-121. Use regulations. In the lyre District, no building or premises shall be used and no building or part cfa building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: C. [Amended 5-9-1989 by L:L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-31C(I) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a permitted accessory use and are not subieet to site plan approval. XII. ARTICLE XIII~ Light Industrial Park/Planned Office Park (LIe) District [Added 1- 10-1989 byL.L. No. 1-1989EN] § 100-131. Use regulations. In the LIe District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; I 1-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(I) hereof; are subject to site plan approval by the Plann/ng Board: 8 The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With respect to Greenhouses, A~ricultural Greenhouses are ~ermitted and Retail Greenhouses are orohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (9) Personal Greenhouses are also a oermitted accessory use and are not subiect to site ~lan a~roval. XIII. ARTICLE XIV, EN Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1- 1989] § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and Subseaion A(2) hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resoect to Greenhouses, Aericultural Greenhouses are oermitted and Retail Greenhouses are nrohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residemial accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incide,ntal to any permitted or special exception use and not involving a separate business. (2)ENAceessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. (3) Personal Greenhouses are also a ~ermitted accessory use and are not subject to site nlan a~oroval. XIV. Severability: If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was posted on the Town Clerk's Bulletin Board. I have a letter from Suffolk County Planning. They determined that it is a matter of local determination, so it for us to make the decision. From our own Planning Board, and also that it was posted and an affidavit that it was published in the Suffolk Times in legal notices. That's it. No other written correspondence. SUPERVISOR COCHRAN: I would just like to say that we will take comment for the hearing tonight, but 1 am not going to close the hearing. I am going to keep it open, and I will tell you why. Bob VanBourgondien, Bob, you are here somewhere, came in to see me the other day, and he had been in touch with the Ag and Markets, New York State Department of Ag and Markets, and they evidently have requested that they would like to go through paragraph by paragraph with our Town Attorney, so I have asked that when this happens not only will the Town Attorney be there, and Bill Moore, Chairman of the Code Committee, Brian Murphy, who is with Land Preservation, and Dick Ryan. I asked Dick Ryan to sit in on this. So, the letter we just received today, and the department received a request from Bob VanBourgondien to review proposed mnendments to the Town Zoning Code concerning greenhouses for compliance with Section 203A Subdivision, one of the Agriculture and Markets Law. Pursuant to Section 305A Sub local governments are prohibited from enacting and/or administrating laws that would unreasonably restrict farm operations located within a County adopted State Certified Agricultural District. Section 305A Subdivision One provides that local government shall not unreasonably restrict or regulate farm operation unless it can be shown that the public health or safety is threatened. For your convenience I have enclosed a copy of the stature and a companion brochure entitled Local Law in Agricultural District, How They Relate. The Department requests that the town not take any action on the adoption of proposed amendments to the Town Zoning Code until the Department has completed its review. In the meantime if you have any questions or would like to discuss this matter further, please, contact Bob Summers, Chief of the Agriculture Protection Unit, or his number, or have the Town Attorney contact John Nika Associated Attorneys. So, that is what we will be doing, and they will review this. So, at this time the heating is open. We certainly will take anyone's comments in relation to this proposed Local Law. Is there anyone who would like to address the Town Board? If not, your option is you can wait until we sit with the Ag and Markets, and see what they have to say, and then we will all know more, and you might have more comment. We are going to set this phone conference up as quickly as possible. BOB VANBOURGONDIEN: Good evening, my name is Bob VanBourgondien. I am Chair of the Agricultural Advisory Committee. I have been to numerous Code Committee meetings regarding the greenhouse, as many of the other growers here have, too. Some of 10 the setbacks are unreasonable to a lot of the smaller operations. I think a few of them might ~vant to speak tonight, in regard to the fact that they wouldn't have been able to be entrepreneurs and start their business, if these regulation were in effect when they came into town. Some of the regulations as far as [ am concerned in my future may prohibit me from expanding and growing. When I talked to Ag and Markets, and I look at the way greenhouse operations are in Holland, Ag and Markets said if you have a five acre piece of property, and you can only put a half acre greenhouse on it, or a acre of greenhouse on it, that is a terrible waste of space, and if you look at from Holland's point of view, yes, it is a terrible waste of space. We, right now, we rent out the back forty of our farm to our neighbor, Briarcliff Sod. If by chance I had to set my sidelines in much further than they are and mn my greenhouse much longer I probably would eliminate six to eight acres of sod because of the way I would have had to build the greenhouse. There are just so many reasons why the laws that have been on the books, the way people have been building their greenhouses really aren't a detriment. What they are trying to regulate here, I think, and I think Brian would agree is you are trying to regulate aesthetics. A case in point, [ have been in Southold Town as a greenhouse operation, and I will be the first one to admit it is a sloppy operation. You drive outside of town pass Mullen Motors pass 7-11 around the comer, and there is a beautiful farm operation on the other side of town, well-kept, well maintained, farm implements out. It is an asset to the town. This law is trying to regulate aesthetics. It has nothing to do with health and safety, and I really, really think that in most part the law has to be looked at with Ag and Markets, and pretty much scaled way back down to where it was. SUPERVISOR COCHRAN: We are certainly going to be doing that, Bob. Anyone else like to address the Town Board? Scott Russell is one of our Assessors. SCOTT RUSSELL: Scott Russell, Board of Assessors. There are some troubling aspects with this particular law, and there is a larger issue that I don't think the Town Board has been looking at. There is a farming industry in Southold Town, and lot of the effort of the Town over the past several years has been to focus on farmland preservation. The problem with farmland preservation is that it doesn't include or has included farming as an industry, and I would really encourage the Town Board to step away from this particular war at this time, and deal with all of these separate issues that have come up over the past several months, and in fact of years. Over the past several weeks we have heard about greenhouse regulations, ~ve have heard about farmstand regulation. There, I think, lacks a larger vision of the town at this point to deal with the farming industry. If we are going to talk about saving farmland, any thoughtful, thorough, and sincere effort to save farmland has to include a provision for saving the farming industry. The Suffolk Times wrote an editorial about a week ago. I thought that in part it was correct, and a part was probably unfortunate. Greenhouses they said were a blight. In some respects I agree with that, but in other respects some of the greenhouses out here are perhaps a blight. Others are some of the functionally the most fantastic buildings I assess as an Assessor, and I think you could look at any place or property and probably find that sense of some are a blight, some aren't, I mean some of the wineries are some of the most fantastic buildings in town, and then others are somewhat garish, gaudy, and certainly don't fit the aesthetics of the North Fork. So, you can take that blight word and kind of use it unfortunately throughout all of the 11 class of properties. I think one of the larger problems, beside the farming industry, is the fact that the Suffolk Times editorial talked about how the farmers have to give a little, and I agree with that 100%. I think the farmers are going to have to give, and I think as a community we are going to have to give. I think we are going to have to recognize if we are going to be sincere about the agricultural industry then we are going to have to live with some of the inconvenience of that industry. Now, maybe the greenhouse growers are going to have to live with some of the regulation, and I talked to Bob Graeb and some of the others, and I think they will live with some of that. But, I think you can't start creating these piecemeal laws to deal with these different issues that come up. Perhaps you need to step back and come up with a comprehensive vision for the greenhouses, and the aspect of retail and with that includes farm stands, wineries, It would seem unreasonable to place an unfair burden on the greenhouse growers at this point to require setbacks, that you don't require in other farming operations, such as wineries, or to, say, preclude them from retailing. It would seem unrealistic to tell a greenhouse grower, well, you can't sell peat moss, but a winery can host a wedding, after wedding, after wedding, special event, etc. These are all agricultural operations, and we are going to have to give some latitude laws to each of them for their particular circumstances, but at the same time you don't want to create these separate laws that are divisive by nature, and start creating these resentments within this agricultural community. I remember when I worked on the farms in high school the farmers more or less worked together. Of course, the crops back then weren't so diversified, but the problem is because they have these particular needs, and because there are particular inconveniences you are addressing them separately. The problem with that is you are coming up with laws that are somewhat consistent, and they treat the agricultural operations differently, and it is unfair to hold a stringent burden on to one class of agricultural grower, and not to another one. With all due respect, Brian, I don't think your Christmas tree farm would survive the test of this particular law, particularly with the aspects of retail and etcetera, so, you know, you have to find some way to meld this all together, and find a consistent broad view that treats these agricultural operations as even- handed as possible. Thank you. SUPERVISOR COCRIdAN: Thank you for your comments, Scott. Anyone else like to address the Town Board? Yes, sir? DOUG GILL: My name is Doug Gill, and I am the business manager for the Plantage in Mattituck. Our farm is surrounded by development fights, and we are container growers. We use hoop houses. I am kind of curious as, you Imow, if the law does come into effect when we sold the development fights to preserve the land it was under our understanding that would continue to be container growers, and be able to m~mtain our hoop houses. If the new law comes into effect will we be able to be grandfathered, and protected? This is changing the rules in the middle of the game. COUNCILMAN MURPHY: There is no prohibition for what you are doing even though you are in this new law. There is no prohibition of doing what you are doing. DOUG GILL: I guess we had a little bit of difficulty reading the resolution, and it seemed to say that, it did seem to specify what we referred to as hoop houses, which we cover 12 plastic over the winter. Those are our over wintering houses, and we do have some permanent greenhouses for propagation purposes, so that we propagate our own plants. COUNCILMAN MURPHY: There is no prohibition in these laws on the hoop house, or anything like that. The only thing we addressed was in certain areas where it was proposed that certain zonings that wouldn't be allowed in, but where you are, and your operation there was no, absolutely no prohibition at all. DOUG GILL: Well, I guess I am not concerned then, but actually I would be concerned for everybody else. SUPERVISOR COCHRAN: Okay, anyone else like to address the Town Board? Yes, sir? WALTER GAIPA: Good evening, I am Walter Gaipa. With my wife, Lin, we operate Marion Gardens. We are small herb grower wholesale to the trade, and I would like to give the prospective from the small grower. We have an acre of property in East Marion. It should be noted that our neighbors are Sep's Farm, Suffolk County Water Authority; they own a big piece of agricultural land, an artist studio, and one residential summer cottage. We are in an R-40 zone, and we started out with one greenhouse. We are a niche operation, and it should also be noted that you don't need six, or ten, or twelve acres to do some of the small crops. We are just a small grower. If this law was in effect, we never would have been able to get to where we are today, and looking to expansion it would cause a severe hardship with us. I was involved in a lot of meetings for the past year with the Code Committee, sitting in, and listening to what their suggestions were, and them was always discussion on 60% lot coverage for the larger growers, and I would always ask, well, what about the little guy? I think Brian, and a couple of other people had mentioned, well, we might go to the sliding scale, rather than the current 20%, 30% or 40%. Well, that sounds reasonable, and given the fact that when you try and compete in the business, I mean it is very difficult if your neighbor can grow on a much larger piece of property, and you are restricted to a smaller piece of property. It is very difficult competition-wise. We may have to change our crop someday depending on what the current climate is, and the only example I can think of, John, I am not picking on you, but if your business had a restriction of 20,000 gallons of fuel oil, and the guy across town was allowed 100,000, I mean you would probably find it difficult as well. So, I think there needs to be some kind of compromise in that line. The other main point that I have is what the gentleman brought up before. Many of us do grow with, you know I have permanent houses, which I have building permits and CO's for, and also we use temporary hoop houses, which I believe New York State Ag Law has classified as quick. We cover them for six weeks, and then they are uncovered. I think New York State exempts them to more kinds of zoning law. I wonder how that temporary structure with a temporary cover would differ from a vineyard, who has posted wires to the property lines, and puts bird netting on, or a farmer, who puts hoops in the ground, and puts cover on to protect their crops? These are all acceptable agriculture practices, and would feel I would be discriminated against if myself, and fellow growers like us, would have this law directed to just us. So, that isjust the main points, and i realize I am all for compromises but I think in fairness should be a concern. Thank you. 13 SUPERVISOR COCHRAN: Thank you very much. Anyone else like to address the Town Board on this Code change? As I said the hearing will be left open until we discuss this whole situation with Ag and Markets. You would like to say something? RAY HUNTINGTON: My name is Ray Huntington. I am a member of the Land Preservation Committee, and I would just like to say tonight that I am very happy that we have come this far in development of the change to Chapter 100, so it will cover greenhouses. This community, as you well know, has a very intense interest in preserving farming, farmland, and our quality of life. There are a number of dollars that have been put forward for that purpose. There are investments being made. When we change the economic equation and we produce a situation where, not all of this is being done by the Town, just part of the economic machine, but what set up a situation wherein the production of greenhouse grown products are the highest use of the land. We must recognize the trend that was set up, so what we want to do here is simply speak as a community as to how we want to direct that. That is good to be the code. We have gotten pretty far, two years worth, as I remember it, working on the Code change that we have before us. So, that is important achievement. We have to keep going and doing that. Nobody is looking for a change to the Code that is unfair, or puts a burden that is unreasonable on the growth of Southold, but at the same time we do want to reflect the interest of the entire community, and so what is so important here is that we continue to do with dispatch that which is being done. So, I look forward to the comments from the Ag and Markets Division, so let's keep everybody at their oar. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? (No response.) If not, once we get the information from the Ag and Markets, I guess, we can schedule it back, because the hearing is open. We can continue to take input at that time. We might hear something from Ag and Markets that people want to comment on. If there is no other comment in this particular change in the Code I will recess the hearing. Southold Town Clerk 109 Zoning of the Code of the Town of Southold". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and here- by sets 8.-00 P.M. Tuesday, March 28, 2000 as the time and place for a pub- lic hearing at which time all inter- ested persons will be heard. This proposed "Local Law in Relation to Greenhouses, Chapter 100 of the Code of the Town of Southold" which reads as follows: LOCAL LAW NO. OF 2000 A Local Law in Relation to Greenhouses Be it enacted by the Town Board of the Town of Southold that 1. Chapter 1000 entitled ZONING of the Town Code of Southold is hereby amended as follows: ARTICLE I, General Provisions §I00-13(B) Definitions: GREENHOUSE -- A structure for growing plants. Agricultural Greenhouse: Agri- cultural greenhouses are Green- houses that are used solely for whole- sale a~ieulturai operations. No retail ~ales, except as permitted under the Town's farmstand law. are I~rmitted. Personal Greenhouse: Personal Greenhouses are greenhouses that are for personal use only. Personal ureenhouses shall not exceed 250 square feet. No wholesale or retail ted under the Town's farmstand law. Conservation (A-C) District and (2) [Amended 5-23-1989 by L.L. there is -screeldng th[tn th,e?~ no ~ Igl~llC~ ifil Side yard -- If there is screen- I~[~l~ lng then the setback shall ~e 50 ~ ~ combined I00 ~1. If there is screening ON LO~AL LAW then the setback 'shall be 25 it.. eom- ' PUBLIC NOTICE IS HEREBY bined 50 ~, Southold, Suffolk County, New York, the Agricultural GreenhouseCsl mll~t on the 15[h day of February, 2000 a be located in the rear yard or local LaW entltled -~A Local Lmv in screened, Screening Js defined in this Relation to Gceenhouses, Chapter See Legals, next page t~From previous page el Screeni~ The criteria for scr~9~,~ ~s ~,.t t~ ~ ~ a~k ~ ~ni~ Alum or,dr- · -,a* , .* at'if laese or theo, r--' lY- pi ~MI * ~t ~-- 10~ b~ MaT~Um ~t Co~ di R~Y~ff~b~ ~ at ..... ~ . h I~ in ~ air ~ or ~ A~ ~ limited to ~e foHow~g ~s and subj~ to ~ ~n- ~i~o~ ~ ~ ~1~ beret: IlL A~ mA. ~w-De~ty ~riden~l R~ D~ct ~ ~ R~ D~. no budd~ or mg or p~ of a b~d~8 s~ ere~ or ~te~ which is intended or designed to ~ ~, in whole or in p~, for any u~ ex. pt the folin~g: A. Pelleted uses: (1) Same as ~I~-3IA of A~iculturaV~n~afion Dis~ict, ~ are excluded. [Amend~ 11-29-I~ ~y L,L. No. ~4] IE ARTICLE IV, Hamlet Density ~1~2. U~ regulatinn~ C. A~s~ u~ Kmi~d to the following: (1) Acres~ u~s as ~t forth in ~d regulated by ~1~-31C(1) throu~ (7), (9), ~ (11) ~ of the Agriguit oral-Conservation D~t~, a~ subj~ ~ ~nditio~ set '[~th ~ ~1~33 thereof, V~ARTIC~ V, Affordabl~ Ho~g (~D) D~t~ct ~1~-~. A~li~b~ity. ~1~-53. U~ re~lati~ as set fo~h ~ ~ regulat~ by Jl~- ~ of ~ chapter. VI. ARTICLE VI, Keaort den~al (~) D~t~ct [1~0-61. Use regulations. Ia m., RR District, no building or Premises shall be used and no build- ing or pert of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitied uses. (l) Any permitted use set forth in and as regulated by §I~0-31A of the A~icult or aI-Couservarioa District. except that wineries mad natal iT~BalllkllMl~ ate excluded, C. [Amended 5-9-!.989 by L.L No. 6-1989] Aecasanry uses.The following uses a~ pennim~d as acee~ory uses and, except for seatdeutinl accessory nsas and signs, which at~ governed by Article X~, afc subject to site plan (1) Any ac~nory usc set forth in and as tngulated by 9100-31C(1) through (7y of the Agricultural- Conaen'vnfzou DisWict. Vl. ARTICLE VII, Residential Office (RO) District [Added 1-10- I~9 by L.L Nd, I-I989EN; amended I~by L.L No. 22.1~, 12-I3-1989 by L.L No. 33-t01FA, 3-7-3995 by L.L. No, 3-H~5:10-I9-I~99 by LL. No, C, Aecesan~ ~s. The following me~ are pennkted as aece~orv uses and, anecpt for residential accessory uses and signs, which are governed by ^~cle XX, are subject to site plan (1) Aceusaory uses aa set forth in and regulated by 9100-31C(1) through (7) of the Agricultural- Conservation DisUict and subject to the coed§fi§us set forth in 9100-33 VII. ARTICLE VIII. Limited Business ILB) District lll~81. Use regulations. Ia the LB District, no betiding or premises shall bc usedlo"a ,d no build- ing or part of a building shall be erected or altered which is arranged, intended or designed to be used. in whole er in part, for any uses exco~ot the following: A, Perndt~d uses..Th¢ following a~es are permitted uses. All permit. ted uses ~,si~le-hmily and ow~er-oecu0ind two-family resi. denecs require site plan spin.vat, (I) Any pem~med use as set forth in and renu§need by 9100-31A of the Agrinultur ul-Conservutinn District except winei'iea, which shall be as set forth in Subsection A(9) beldw ~ except A~i,~m~l Grne-hoas~s bulk s-'.~ '- or the LB Zoning C. Accessory uses, The fo~owing uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (I) Any accessory use as set forth in nad regulated hy §100-31C(I) through (8) and (10) of the Agricult oral-Conservation District, and subject to the conditions set forth in 9100-33 thereof. Pm~onnl net --' use p,.q P.~ect to site plea hq, hay. VIII. ARTICLE IX, Hamlet Busi- nesa (HB) Dish4.ct 9~00-91. Us~ re~ulatious. In the lib District, no building or premises shall be used and no build- ing or part of a building shall bc erected or altered which is arranged, intended or dceigned to be used, in STATE OF NEW YORK) )SS: COUNTY OF SUFF,O~LK) county, being duly sworn, whole or in pert, for any uses except the following: A~ Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) add A(19) hereof, are subject to rite plan ap- proval by the Planning Board: (t) Any perfaitted uae set forth iu and regulated by §I00-31A(I) and (3) of the Agricoltural-Coflscrvafion District except d.-t .4~FicultasM G--- 'ous~q use hal galena*ed e ' ~C, [Amendexi 5-9-1989 by LL. No. 6-1~89] Accessory uses. The following uses are permitted as accessory uses and. except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan ft~ Acecsaory uses as set forth in 'and regulated by §100-31C(1) through (7} of the Agricultural. Conservation Districl~ and subject to the conditions set forth in 9100-33 thereof. [~erso~-m G-- '-* m asenasl ~ecttosh*l~ ~. IX. ARTICLE X. Ocneral Business (B) District 9100-101. Use regnlatinus. In the B DistricL no building or premises shall be used and no build. lng or part thereof shall be erected or altered which is stranded, intended or designed to be used. in whole Or in part, for any uses except the lull§w- ing: A. [Amended 5-9-1989'b~ LL. No. 6-1989] permitted usus. The following uses are permitted uses and. except for those uses permit~d ~nder Subsection A(ll hereof, are subject to site plan approval by the Planning Board: (1) Any permitted t~e se~ forth in and regulated by 9100-31A(2} and (3} of the Agxiculturui-Couservatiou District exc~pt II,s~ A,~tm,ltorul Re~.il Greenb ..... are pmmllied s ~4J.e--~dh'n' ~ '- 'the b-W srbf;dud- at the B 7,§Sing C. IAmcnded S.9-1.989 by LL No. 6.1989] Accessory uses. The fdiinwing uses are permitted as asec~oanry uses and. except for Yestdentinl accessory uses and signs, which are governed by A.nicle XX. are subject M site plan (1.) Accessory uses set forth in and as regulated by 9100-:31C(1) through (8) and (lO) of thc Agricultoral- Conservation District, subject to the conditions set forth in 9100-33 there- pmmltted ac~u~.T use ' are not s'q~'~ t° site P' V. m X. ARTICLE Xl, Marine I (MI) District [Added 1-10-1989 by L.L No. 1-1989EN] 9100-1 l l. Use regulations. lu an MI District, no building or premises shall be used~and no build- . lng or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. {Amended $-9-1989 by LL No. 6-1980! Accessory uses. The following and, except for reridanfial accessory uses and signs, which are governed by Art§cie X~(, are subject to site plan ~1~ Accassory uses as set Iorth in and regulated ~ §100-31C(I) through (7) of the Agriguitural- Conservation District, and subject W the Conditions of 9100-33 thereo~ peran,--*Gr ' - m~oaper- '~1 ~se~e~M~m~ 'amnass. a. Ject to site ~ ~. of Matt§tuck, in said says that he/she is XI. ARTICLE XII, EN Marine Il (MR) District [Added 1-~0-1989 by LL, No. 1-1989] 9100-121. Use regulations. In the MH District, no building or premises shall be used and no build- lng or part of a building shall be erected or altered which is arranged, intended or designed to bc used. in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless other- wise specified]: C. [Amended 5-9.1989 by LL. No. 6.1989] Accesanry usus. The following and. excopt for residential accessory usas and signs, which are governed by Article ~. are subiect to site plan fl~ Accessory uses as set forth in and regulated by 9100-31C(I) through (7) of-the Agricultural- Cot~ser~ation District. and subjecs the conditions of 9100-33 thereof. XII. ARTICLE XlII, Light industrial Park/Planned Office Park District [Added 1-I0-1.989 hy L.L. No. 1-1989EN) §1.00-131. Use regulations. In the LIn District. no building or premises shall be used ~ no build- ing or part of a building shall be erected or altered which is arranged, intended or designed to he used. in whole or in part, for any purpose except the fol~owing: A. [Amended 5-9.1989 by L.L No. 6-1089; 1.1.-?.9.1.094 by L.L No. ?.6- 199d: 4-28-1997 by L.L No. 6-1997[ Permitted uses. The following uses are pcrndtted uses and. except for Subsection A(1) hereof, are subject to site plan approval by the Planning Boatd~ ~ The agricultural operations and accessory uses, inchiding h-ri- gntion, the raising of field an~ garden crops, vineyard and orchard farming, the premises, the keeping, breeding, raising and training of horses, domes- t~c unimnh and fowl. barns, storage buildings, greenhouses and other allowed in the AC Zone. ]~ to Gr~ .... , &~culturul Greeubn--- ere per~ttted and C, [Amended S-9-1980 by L.L. No. 6-1989] Aec~sory uses The following and, except for residential accessory uses and signs, which are governed by Article FX, are subject to site plan fo) Peran-,;: Gree.h,,mes are al,o a 0ennittod ave--.'~ me and are not XIII. ARTICLE XIV, EN Light Industrial (LI) District [Added 1-10- 1989 by L.L No. 1-1989] 9100-14L Usc regulations. In the LI District, no building or premises shall bc used and no build- ing or part of a building shall be ~rected or altered which is arranged, intended or designed to .be used, in whole or in part, for any purpose except the following: A. Perelitted uses. The following Sub~ection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Pinuuing B~)ard: (~) The agricultural operations and accessory uses, including irri- gation, the raising of field and garden crops, vineyard and orchard farming, the premises, the keeping, breeding, raising and training of horses, domes- tic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. Wl~h respect to Greenhouses. .dkfricultasal Gzee~h~- -- are ~rmmed and C. [Amended 5-9.1989 by L.L No. 6-1989] Accessory uses. The following and, except for residential accessory uses and signs, which are governed by ,a~liCle XX, are subject tO rite plan review: (t) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not in~,~lving a separate burl- (2) EN Accessory uses as set forth in and as regulated by 9100-131C($) through ($) of the Light Iadustrial Park/Planned Office Park District, (3) l*a~-* G .... v-~ ~e ~' n a-~eci to rito Id ql{g ' XIV. Severabiilty: If any section or subcection, paragraph, clause, phrase or prov]swn of this law shat] he judged invalid or held constitutional by any cou~t et compe- tent jurisdiction, any judgment made thereby shall net affect the validity this law as a whole or any part there- of other than the part or provision so adjudged to be invalid or unconstitu- tional. XV, This Local Law shall take effect immediately upon tiling with the Secretary of State. *Underline represents additions. Strikethrough represents deletions, BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD. SOUTHOLD. NEW YORK, Dated: FF. BRUAR¥ 29.2000, ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK, 1229-1TM9 PUBLIC HEARING MARCH 28, 2000 8:00 P.M. 1N THE MATTER OF A GREENHOUSES, CHAPTER SOUTHOLD". Present: Absent: PROPOSED "LOCAL LAW IN RELATION TO 100 ZONING OF THE CODE OF THE TOWN OF Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richer Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: John, do you want to read it? COUNCILMAN ROMANELLI: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of February, 2000 a Local Law entitled "A Local Law in Relation to Greenhouses, Chapter 100 Zoning of the Code of the Town of Southold". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, March 28, 2000 as the time and place for a public hearing at which time all interested persons will be heard. This proposed "Local Law in Relation to Greenhouses, Chapter 100 of the Code of the Town of Southold" which' reads as follows: A Local Law in Relation to Greenhouses Be it enacted by the Town Boar~iffi'the Town of Southold as follows: I. Chapter I00 entitled ZONING ofth~ Town Code of Southold is hereby amended as follows: ARTICLE I, General Provisions § 100-13 (B) Definitions: GRRRNHOUSE ~ A structure for growing plants. Am-icultursl Greenhouse: A~ricultural ereenhouses are Greenhouses that are used solely for wholesale a~rlcultural ouerntions. No retail sales, excent as ~ermitted under the Town's farmJland law~re~ermltted. 2 Personal Greenhouse: Personal Greenhouses are greenhouses that are for oersonal use only. Personal greenhouses shall not exceed 250 sauam feet. No wholesale or retail sales are oermitted exeeot as oermitted under the Town's farmstand law. Retail Greenhouses: Retail ~reenhouses are ~reenhouses where retail sales are oermitted. II. ARTICLE HI, Agricultural-Conservation (A-C) District and Low-Densi~ Residential R-80, R- 120, R-200 and R-400 Districts § 100-31. Use regulations. In A-C, R-g0, R-120, R-200 and R400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-pmdudng substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (e) Barns, storage buildings, grccnhousc~ AgricultUral Greenhouses (including plastic covered) and other related structures, pwvided that such buildings stall conform to the yard requirements for principal buildings. ~Retail Greenhouses are not uermitted. i~) The following additional reouirements aonlv to A~ricolturnl Greenhouses in the AC: R-12(}t R-200t R- 400: Lit and LIO ZOntne Districts: a} Minimum Lot Size- 5 acres b) Maximum Lot Coverni~e- 60%t if the lot is nonconformine maximum lot eoveraee is 20%. Lot Coverage includes all structures on the varceL not iust ~.~reenhouses. Ex. Farm Stand stoea~e buildines, suooort buildings, etc. c) Setbacks: i) Frontvard- If no screening the frontvard setback shall be 300 ft. If there is screening than the setback shall be 200 ft. ii) Rear yard- If them is no screentne the setback shall be -~0 ft. If there is sereenin~ than the setback shall be 25ft. iiil Side yard- If there is screenim~ than the t;etback shall ~be ~OtL combined loOft. Il' ina he~etbaekshall d) Outdoor Storage: AH outdoor storage of materials associated with the AGricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section. e) Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three (3) years of Growth to aeeomolish the screening. Along Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid growth on too of the road and elimination of ooenness ofthese roadways. Planning Board aooroval is required if an aonlicant seeks to substitute some other true of screening for natural screening. ii) The following additional renuirements aoolv for agricultural ~reenhouses in the R-80 zoning district. a) Minimum Lot Size- 10 acres b) Maximum Lot CoveraGe- 60% c) Front Yard: 300 ft d) RearYard: Il'there is no screening than the setback shall be 100 ft. If there is screening than the setback fhall be 50 ft. el Side Yard: If there is no screening than the setback shall be 100 ft.' If there is screening than the setback shall be 50 ft. f) Outdoor Storage: Ail outdoor storage of materials associated with the Agricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section. g) Screening: The c~iteria for screening is that the screening must be natural screening and must effectively ~creen year-round. There can be three (3) years of ~rowth to aeeomnlish the screening. Alert2 Route 2S and County Route 48 the screening must be at least 60 ft back from the road to avoid growth on too of the road and elimination of ol~enness of these roadways. Plannin2 Boar~. aoDroval is required if an aonlicant seeks to substitute some other tvoe of screeninG for natural screening. Bo Acce. sso~/uses, limited to the following uses and subjeot to tho ooudttions listed 4 · 12. Personal Greenhouses IH. ARTICLE HIA, Low-Density Residential R-40 District § 100-30A~2. Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: (1) Same as § 100-3 lA of the Agricultural-Conservation District, except that wineries and Retail Greenhouses are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] IV. ARTICLE IV, Hamlet Density (liD) Residential District § 100-42. Use regulations. (1) Accessory uses, limi(ed tothe following: Accessory uses as set forth in and regulated by § 10(~-3 lC(l) through (7), (11) and (12) of the Agricultural-Conservatinn District, and subject to conditions set forth in § 100-33 thereof. V. ARTICLE V, Affordable Housing (AHD) District § 100-$2. Applicability. § 100-53. Use regulations. 1~. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 IC(1), (2), 0), (4), (6) cad (7) and (12} of this chapter. VI: ARTICLE VI, Resort Residential (PR) District § I00-61. Use regulations, In the RR District, no building or premises shall be used and no building or pl~t of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use.except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-3 lA o£the At~ieultural- Comerv~on District, except~t winede~nfl~Retnfi~-reenhonses~a~ ~xolud~d. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-3 lC(1) through (7)of the Agricultural-Conservation District. Personal Greenhouses are also a oermitted accessory use and are not subiect to site clan review. VI. ARTICLE Vff, Residential Office (Re) District [Added 1-10-1989 by L.L. No. 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1989; 2-7-1995 by L.L. No, 3-1995; 10-19-1999 by L.L. No. 1999] C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100.33 thereof. Personal Greenhouses are also a cc.:mitred accessory use and re not subject to site olan review. VII. ARTICLE VIH, Limited Business (LB) District § 100-81. Use regulations. In the LB District, no building or prenfises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in' part, for any uses except the following: A. P¢~ufitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-31A ofthe Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below and exeeot Aerieultural Greenhouses which are not oermitted and Retail Greenhouses which are oermitted subieet to site ~lan a~roval and the bulk schedule of the LB Zonine I)istriet. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential aecessery uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-3 IC(1) through (8) and (I0) of the Agricultural-Conservation District, and subject to the conditions'set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted use and are not sublectto site olan 6 VIII. ARTICLE IX, Hamlet Business (HB) District § 100-91. Use regulations. Inthe IdB District, no bhilding or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are pennitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forthin and regulated by § 100-3IA(I) and (3) ofthe Agricultural-Conservation District excent that Aericultural Greenhouses are not oermitted and Retail Greenhouses are oermitted subiect to site olan al~oroval and the bulk schedule of the HB Zonine District. C. [Amended 5~9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are'subject to site plan review: Ac, eessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the eonditions set forth in § 100-33 thereof. Personal Greenhouses are also a nermitted accessory uses and are not subiect to site olan anoroval. IX. ARTICLE X, General Business 03) District § 100-101. Use'regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in pa~ for any uses except the following: A. [Amended 5-9,1989 by L.L. No. 6-1989] Permitted uses. The following ~ses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forthin and regulated by § 100-31A(2) and (3) °fthe Agricultural-Conservation District exeevt that Alzrieultural GreenhoUses are not nermitted and Retail Greenhouses are oermitted subieet to site nlan aonroval and the bulk schedule of the B Zonin~ District tC. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accesSory uses and, except for residential aecessoq' uses and signs, which are governed by Article XX, are subject to site.plan review: (1) Accessory uses set forth in and as regulated by § 100-31C(1) through ($) and (10) of tho Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are als0 a oermitted accessory use and are not su, btect_to,Site nlan anoroval. X AKTICLE Xt, Marine I (MI) District [.Added 1-10-1989 by L.L. No. 1-1989EN] § 100-111. Use r~ations. In an MI District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: fl) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a nermitted accessory use and are not subiect to site Dian aDDroval. XI. ARTICLE XH, EN Marine II (IVffI) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-121. Use regulations. In the IvffI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, eXcept for residential accessory uses and signs, which are governed by Article XX~ are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the condition~ of § 100-33 thereof. Personal Greenhouses are also a uermitted accessory use and are not subiect to site ulan auuroval. XII. ARTICLE XIII~ Light Industrial Park/Planned Office Park (LIe) District [Added 1- I0-1989 by L.L. No. 1-1989EN] § 100-131. Use regulations. In the LIe District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. Ho. 6-1997] Permitted uses. The following uses are permitted uses and, eXcept for those uses permitted under Subsection A(1) he,eof; are subject to site plan approval, by file Planning Board: 8 The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resneet to Greenhouses, A~rlcultural Greenhouses are nermitted and Retail Greenhouses are prohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessorY uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: ¢9) Personal Greenhouses are also a nermitted accessory use and are not sub|ect to site nlan a~roval, XllI. ARTICLE XIV, EN Light Industrial (Ir) District [Added 1-10-1989 by L.L. No. 1- 1989] § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and Subsection A(2) hereof; are subject to site plan approval by the Plaaning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resoect to Greenhouses, A~rlcultural Greenhouses are oermitted and Retail Greenhouses are orohibited. C. [Amended 5-9-'1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as acc,~ssory us~s and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)ENAccessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. O) Personal Greenhouses are also a nermltted accessory use and are not ~ubieet to4rlte nlan,aoor0¥al. 9 XIV. Severability: If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was posted on the Town Clerk's Bulletin Board. I have a letter from Suffolk County Planning. They determined that it is a matter of local determination, so it for us to make the decision. From our own Planning Board, and also that it was posted and an affidavit that it was published in the Suffolk Times in legal notices. That's it. No other written correspondence. SUPERVISOR COCHRAN: I would just like to say that we will take comment for the heating tonight, but I am not going to close the heating. I am going to keep it open, and I will tell you why. Bob VanBourgondien, Bob, you are here somewhere, came in to see me the other day, and he had been in touch with the Ag and Markets, New York State Department of Ag and Markets, and they evidently have requested that they would like to go through paragraph by paragraph with our Town Attorney, so I have asked that when this happens not only will the Town Attomey be there, and Bill Moore, Chairman of the Code Committee, Brian Murphy, who is with Land Preservation, and Dick Ryan. I asked Dick Ryan to sit in on this. So, the letter we just received today, and the department received a request from Bob VanBourgondien to review proposed amendments to the Town Zoning Code concerning greenhouses for compliance with Section 203A Subdivision, one of the Agriculture and Markets Law. Pursuant to Section 305A Sub local governments are prohibited from enacting and/or administrating laws that would unreasonably restrict farm operations located within a County adopted State Certified Agricultural District. Section 305A Subdivision One provides that focal government shall not unreasonably restrict or regulate farm operation unless it can be shown that the public health or safety is threatened. For your convenience I have enclosed a copy of the stature and a companion brochure entitled Local Law in Agricultural District, How They Relate. The Department requests that the town not take any action on the adoption of proposed amendments to the Town Zoning Code until the Department has completed its review. In the meantime if you have any questions or would like to discuss this matter further, please, contact Bob Summers, Chief of the Agriculture Protection Unit, or his number, or have the Town Attorney contact John Nika Associated Attorneys. So, that is what we will be doing, and they will review this. So, at this time the hearing is open. We certainly will take anyone's comments in relation to this proposed Local Law. Is there anyone who would like to address the Town Board? If not, your option is you can wait until we sit with the Ag and Markets, and see what they have to say, and then we will all know more, and you might have more comment. We are going to set this phone conference up as quickly as possible. BOB VANBOURGONDIEN: Good evening, my name is Bob VanBourgondien. I am Chair of the Agricultural Advisory Committee. I have been to numerous Code Committee meetings regarding the greenhouse, as many of the other growers here have, too. Some of 10 the setbacks are unreasonable to a lot of the smaller operations. I think a few of them might want to speak tonight, in regard to the fact that they wouldn't have been able to be entrepreneurs and start their business, if these regulation were in effect when they came into town. Some of the regulations as far as I am concerned in my future may prohibit me from expanding and growing. When I talked to Ag and Markets, and I look at the way greenhouse operations are in Holland, Ag and Markets said if you have a five acre piece of property, and you can only put a half acre greenhouse on it, or a acre of greenhouse on it, that is a terrible waste of space, and if you look at from Holland's point of view, yes, it is a terrible waste of space. We, fight now, we rent out the back forty of our farm to our neighbor, Briarcliff Sod. If by chance I had to set my sidelines in much further than they are and mn my greenhouse much longer I probably would eliminate six to eight acres of sod because of the way I would have had to build the greenhouse. There are just so many masons why the laws that have been on the books, the way people have been building their greenhouses really aren't a detriment. What they are trying to regulate here, I think, and I think Brian would agree is you are trying to regulate aesthetics. A case in point, I have been in Southold Town as a greenhouse operation, and I will be the first one to admit it is a sloppy operation. You drive outside of town pass Mullen Motors pass 7-11 around the comer, and there is a beautiful farm operation on the other side of town, well-kept, well maintained, farm implements out. It is an asset to the town. This law is trying to regulate aesthetics. It has nothing to do with health and safety, and I really, really think that in most part the law has to be looked at with Ag and Markets, and pretty much scaled way back down to where it was. SUPERVISOR COCHRAN: We are certainly going to be doing that, Bob. Anyone else like to address the Town Board? Scott Russell is one of our Assessors. SCOTT RUSSELL: Scott Russell, Board of Assessors. There are some troubling aspects with this particular law, and there is a larger issue that I don't think the Town Board has been looking at. There is a farming industry in Southold Town, and lot of the effort of the Town over the past several years has been to focus on farmland preservation. The problem with farmland preservation is that it doesn't include or has included farming as an industry, and I would really encourage the Town Board to step away from this particular war at this time, and deal with all of these separate issues that have come up over the past several months, and in fact of years. Over the past several weeks we have heard about greenhouse regulations, we have heard about farmstand regulation. There, I think, lacks a larger vision of the town at this point to deal with the farming industry. If we are going to talk about saving farmland, any thoughtful, thorough, and sincere effort to save farmland has to include a provision for saving the farming industry. The Suffolk Times wrote an editorial about a week ago. I thought that in part it was correct, and a part was probably unfortunate. Greenhouses they said were a blight. In some respects I agree with that, but in other respects some of the greenhouses out here are perhaps a blight. Others are some of the functionally the most fantastic buildings I assess as an Assessor, and I th'ink you could look at any place or property and probably find that sense of some are a blight, some aren't. I mean some of the wineries are some of the most fantastic build'rags in town, and then others are somewhat garish, gaudy, and certainly don't fit the aesthetics of the North Fork. So, you can take that blight word and kind of use it unfortunately throughout all of the 11 class of properties. I think one of the larger problems, beside the farming industry, is the fact that the Suffolk Times editorial talked about how the farmers have to give a little, and I agree with that 100%. I think the farmers are going to have to give, and I think as a community we are going to have to give. I think we are going to have to recognize if we are going to be sincere about the agricultural industry then we are going to have to live with some of the inconvenience of that industry. Now, maybe the greenhouse growers are going to have to live with some of the regulation, and I talked to Bob Graeb and some of the others, and I think they will live with some of that. But, I think you can't start creating these piecemeal laws to deal with these different issues that come up. Perhaps you need to step back and come up with a comprehensive vision for the greenhouses, and the aspect of retail and with that includes farm stands, wineries. It would seem unreasonable to place an unfair burden on the greenhouse growers at this point to require setbacks, that you don't require in other farming operations, such as wineries, or to, say, preclude them from retailing. It would seem unrealistic to tell a greenhouse grower, well, you can't sell peat moss, but a winery can host a wedding, after wedding, after wedding, special event, etc. These are all agricultural operations, and we are going to have to give some latitude laws to each of them for their particular circumstances, but at the same time you don't want to create these separate laws that are divisive by nature, and start creating these resentments within this agricultural community. I remember when I worked on the farms in high school the farmers more or less worked together. Of course, the crops back then weren't so diversified, but the problem is because they have these particular needs, and because there are particular inconveniences you are addressing them separately. The problem with that is you are coming up with laws that are somewhat consistent, and they treat the agricultural operations differently, and it is unfair to hold a stringent burden on to one class of agricultural grower, and not to another one. With all due respect, Brian, I don't think your Christmas tree farm would survive the test of this particular law, particularly with the aspects of retail and etcetera, so, you know, you have to find some way to meld this all together, and find a consistent broad view that treats these agricultural operations as even- handed as possible. Thank you. SUPERVISOR COCRHAN: Thank you for your comments, Scott. Anyone else like to address the Town Board? Yes, sir? DOUG GILL: My name is Doug Gill, and I am the business manager for the Ptantage in Mattituck. Our farm is surrounded by development rights, and we are container growers. We use hoop houses. I am kind of curious as, you know, if the law does come into effect when we sold the development fights to preserve the land it was under our understanding that would continue to be container growers, and be able to maintain our hoop houses. If the new law comes into effect will we be able to be grandfathered, and protected? This is changing the roles in the middle of the game. COUNCILMAN MURPHY: There is no prohibition for what you are doing even though you are in this new law. There is no prohibition of doing what you are doing. DOUG GILL: I guess we had a little bit of difficulty reading the resolution, and it seemed to say that, it did seem to specify what we referred to as hoop houses, which we cover 12 plastic over the winter. Those are our over wintering houses, and we do have some permanent greenhouses for propagation purposes, so that we propagate our own plants. COUNCILMAN MURPHY: There is no prohibition in these laws on the hoop house, or anything like that. The only thing we addressed was in certain areas where it was proposed that certain zonings that wouldn't be allowed in, but where you are, and your operation them was no, absolutely no prohibition at all. DOUG GILL: Well, I guess I am not concerned then, but actually I would be concerned for everybody else. SUPERVISOR COCHRAN: Okay, anyone else like to address the Town Board? Yes, sir? WALTER GAIPA: Good evening, I am Waiter Gaipa. With my wife, Lin, we operate Marion Gardens. We are small herb grower wholesale to the trade, and I would like to give the prospective from the small grower. We have an acre of property in East Marion. It should be noted that our neighbors are Sep's Farm, Suffolk County Water Authority; they own a big piece of agricultural land, an artist studio, and one residential summer cottage. We are in an R-40 zone, and we started out with one greenhouse. We are a niche operation, and it should also be noted that you don't need six, or ten, or twelve acres to do some of the small crops. We are just a small grower. If this law was in effect, we never would have been able to get to where we are today, and looking to expansion it would cause a severe hardship with us. I was involved in a lot of meetings for the past year with the Code Committee, sitting in, and listening to what their suggestions were, and there was always discussion on 60% lot coverage for the larger growers, and I would always ask, well, what about the little guy? I think Brian, and a couple of other people had mentioned, well, we might go to the sliding scale, rather than the current 20%, 30% or 40%. Well, that sounds reasonable, and given the fact that when you try and compete in the business, I mean it is very difficult if your neighbor can grow on a much larger piece of property, and you are restricted to a smaller piece of property. It is very difficult competition-wise. We may have to change our crop someday depending on what the current climate is, and the only example I can think of, John, I am not picking on you, but if your business had a restriction of 20,000 gallons of fuel oil, and the guy across town was allowed 100,000, I mean you would probably find it difficult as well. So, I think there needs to be some kind of compromise in that line. The other main point that I have is what the gentleman brought up before. Many of us do grow with, you know I have permanent houses, which I have building permits and CO's for, and also we use temporary hoop houses, which I believe New York State Ag Law has classified as quick. We cover them for six weeks, and then they are uncovered. I think New York State exempts them to more kinds of zoning law. I wonder how that temporary structure with a temporary cover would differ from a vineyard, who has posted wires to the property lines, and p'4ts bird netting on, or a farmer, who puts hoops in the ground, and puts cover on to protect their crops? These are all acceptable agriculture practices, and would feel I would be discriminated against if myself, and fellow growers like us, would have th~s law directed to just us. So, that is just the main points, and I realize I am all for compromises but I think in fairness should be a concern. Thank you. 13 SUPERVISOR COCHRAN: Thank you very much. Anyone else like to address the Town Board on this Code change? As I said the hearing will be left open until we discuss this whole situation with Ag and Markets. You would like to say something? RAY HUNTINGTON: My name is Ray Huntington. I am a member of the Land Preservation Committee, and I would just like to say tonight that I am very happy that we have come this far in development of the change to Chapter 100, so it will cover greenhouses. This community, as you well know, has a very intense interest in preserving farming, farmland, and our quality of life. There are a number of dollars that have been put forward for that purpose. There are investments being made. When we change the economic equation and we produce a situation where, not all of this is being done by the Town, just part of the economic machine, but what set up a situation wherein the production of greenhouse grown products are the highest use of the land. We must recognize the trend that was set up, so what we want to do here is simply speak as a community as to how we want to direct that. That is good to be the code. We have gotten pretty far, two years worth, as I remember it, working on the Code change that we have before us. So, that is important achievement. We have to keep going and doing that. Nobody is looking for a change to the Code that is unfair, or puts a burden that is unreasonable on the growth of Southold, but at the same time we do want to reflect the interest of the entire community, and so what is so important here is that we continue to do with dispatch that which is being done. So, I look forward to the comments from the Ag and Markets Division, so let's keep everybody at their oar. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? (No response.) If not, once we get the information from the Ag and Markets, I guess, we can schedule it back, because the hearing is open. We can continue to take input at that time. We might hear something from Ag and Markets that people want to comment on. If there is no other comment in tiffs particular change in the Code I will recess the heating. Southold Town Clerk 03/27/00 WON 16:13 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARK~ [ =a I WINNERS CIRCLE ALBANY, NEW YORK 12235 Fax: 516 457-2716 Honorable Jean Cochran, Supervisor Town of $outhold P.O. Box 1179 Southold, NY 11971 March 27, 2000 Dear Ms. Cochran: The Depa, i.',ent received a request from Bob VanBourgondien to review proposed amendments to the Town's Zoning Code conosming greenhouses for compliance with Section 305-a, subd. 1 of the Agriculture and Markets Law (AML). Pursuant to Section 305-a, subd. 1, local governments are prohibited from enacting and/or administering laws that would unreasonably restrict farm ope, aGons located within a county adopted, State certified agricultural district. Section 305-a, subd. 1 provides that local governments shall not unreasonably restrict or regulate farm operations unless it can be shown that the public health or safety is threatened. For your convenience, I have enclosed a copy of the ~aL~te and a companion brochure entitled Local Laws and Agricultural Districts: How Do They Relate. The Depa, Lment requests that the Town not take any action on the adoption of the proposed amendments to the Town's Zoning Code until the Department has completed its review. In the meantime, if you have any questions or would like to discuss this matter further, please contact Bob Somers, Chief of the Agricultural Protection Unit, at (518) 457-2713 or have the Town's Attorney contact John Rusnica, Associate Attorney, at (518) 457-4111. Sincerely, Director Bob VanBourgondien Greg Yakabeski, Esq. (Town of Southold) Ken Schmitt, Chair, Suffolk COunty AFPB ~ p~nted on eecyeted paper COUNTY OF SUFFOLK RECEIVED M .R 2 ' Soulhold To~n DEPARTMENT OF PLANNING SUFFOLK COUN I~ EXECUTIVE STbPHEN [vi ,JONES, AICP. DIRECTOR OF PLANNING March 14, 2000 Town Clerk Town of Southold Applicant: Zoning Action: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment to Articles I, Ill, IV, V, VI, VII, VIII, 1X, X, XI, XII, XIII, and XIV of the Town Zoning Code. 3/28/00 SD-00-03 Pursuant to the requirements of Sections A 14-14 to 23 of the Suflblk County Administrative Code, the above referenced application which has been submitted to the SufIblk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN :cc G:/CCHORNY~.ONING~ZONING\WORK~NG/LD2000/MAR\SD00 03 FEB ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 ]Fax (516) 765-1823 Telephone (516) 765~1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Pursuant to Sections 1323 and 1332 of the Suffolk County Charter the Town Board of the Town of Southold hereby refers the following proposed zoning action to the Suffolk County Department of Planning: XX New Zoning Ordinance Amendment Of Zoning Cod~ Amendment of Zoning Map (Change of Zone) Location of affected land: The Town of Southold in~ its' entirety. Suffolk County Tax Map No.: Within 500 feet of: same The boundary of any village or town X The boundary of any existing or proposed county, state or federal park. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway. The existing or proposed right-of-way of any stream or drainage channel owned by the County or for which the County has established channel lines. The existing or proposed boundary of any other county, state or x federally owned land. The Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water. Or within one mile of: Nuclear power plant. Airport COMMENTS: Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M.. Tuesday. March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. · Neville Southold Town Clerk Attachments cc: Received By Suffolk County Department of Planning Long island State Park Commissionk~ Village of Greenport Town of Shelter island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Boar~of Town Trustees Title ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town HaH, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of $outhold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday. March 28. 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope, Thank you, . NeviUe Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport~~' Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees D U P L I C A T E Received By Title ' /)ate ELIZABETH A· NEVILLE TOWN CLERK REGISTRAB, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto· Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. ·Neviile 5outhold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport / Town of Shelter Island/ Town of Riverhead Tow~ of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees D U P L I C A T Rece~ved~y Title E ELIZABETH A. NEVILLE, TOWN CLEI~K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1500 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Eli~z~abeth ~.. Neville Southold Town Clerk Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of C;reenport Town of Shelter Island Town of Riverhead~/ Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees D U P L I C A T E Re~elved By~ Title // Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Creenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. · Neville Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees D U P L I C A T E Received By Title ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI{MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope, Thank you, EIFEabeth A. NeviUe Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees C A T E Title ELIZABETH A. NEVILLE TOWN CLERK REGISTRA~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOUFN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28, 2000 at the Southold Town Hall, 53095 Main Road, $outhold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Plannin9 Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees/ D U P L I C A T E R~'~ived By Title Date ELIZABETH A. NEVILLE TO'q~N CLERK REGISTI~a~R OF VITAL STATISTICS NL~.RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (63).) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall $outhold, New York 11971 Gentlemen: Transmitted is a proposed Local Law in Relation to Greenhouses, Chapter 100 of the Code of the Town of Southold. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed change of zone and forward same to me. Thank you. Very truly yours, Southold Town Clerk Attachments ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE ADOPTED AT A REGULAR MEETING OF HELD ON FEBRUARY 15. 2000: FOLLOWING RESOLUTION WAS THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby directs Town Clerk Elizabeth Neville to refer a copy of the proposed '~Local Law in Relation to Greenhouses" to the Southold Town Planning Board and the Suffolk County Planning Commission for their determination and recommendations. Southold Town Clerk February 15. 2000 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAG~ OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RECEIVED Southol4 T~'~r, OFFICE OF THE TOVv-N CLERK TOWN OF SOUTHOLD March 7, 2000 Town Hall, 53095 Main Road P.O. Box 1179 Southold, ~l:~w Yor ,l~_.~ 1971 Fax (63!2 765-6'~4~' Telephone~31) 765-11~00 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M.. Tuesday. March 28, 2000 at the Southold Town Hall, 53095 Main' Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. · Nevifle Southold Town Clerk Attachments cc: Suffolk County Department of Plannlng[ Long island State Park Commission Village of C;reenport Town of Shelter island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees Dat~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREED(~M OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M.. Tuesday. March 28, 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relat'lon to Creenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton/' Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees  D U IP L I C A T E Received By Title ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS NLkRRIAG E OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M.. Tuesday. March 28. 2000 at the Southold Town Hall, 53095 Main Road, Southold. New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate COlSy of this letter and return to me in the enclosed self-addressed, stamped envelope, Thank you, Southold Town Clerk Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees ELIZABETH A. NEVILLE TOWN CLERK REGISTfL~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (63L) 765-6J_45 Tolephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 7, 2000 PLEASE TAKE NOTICE that the Town Board of the Town of Southold at a regular meeting held on November 10, 1998 set 8:00 P.M., Tuesday, March 28. 2000 at the Southold Town Hall, 53095 Main Road, Southold, New York 11971 as the time and place of a public hearing on "A Local Law in Relation to Greenhouses", a copy of which is attached hereto. Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. · Nevitle Southold Town Clerk Attachments CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals Southold Town Building Department Southold Town Board of Town Trustees D U P L I C A T E Received By Title Date LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of February, 2000 a Local Law entitled "A Local Law in Relation to Greenhouses, Chapter 100 Zoning of the Code of the Town of Southold". NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 8:00 P.M., Tuesday, March 28, 2000 as the time and place for a public hearing at which time all interested persons will be heard. This proposed "Local Law in Relation to Greenhouses. Chapter 100 of the Code of the Town of Southold" which reads as follows: LOCAL LAW NO. OF 2000 A Local Law in Relation to Greenhouses Be it enacted by the Town Board of the Town of Southold that I. Chapter 100 entitled ZONING of the Town Code of Southold is hereby amended as follows: ARTICLE I, General Provisions § 100-13 (B) Definitions: GREENHOUSE -- A structure for growing plants. Agricultural Greenhouse: Agricultural Rreenhouses are Greenhouses that are used solely for wholesale agricultural ooerations. No retail sales, exceot as oermitted under the Town's farm stand law, are nermitted. Personal Greenhouse: Personal Greenhouses are ~reenhouses that are for oersonal use only. Personal ereenhouses shall not exceed 250 souare feet. No wholesale or retail sales are oermitted exceot as oermitted under the Town's farmstand law. Retail Greenhouses: Retail ~reenhouses are ~reenhouses where retail sales are oermitted. II. ARTICLE Il/, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts § 100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: -2- (c) Barns, storage buildings, grccnhouscs Aericultural Greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. Retail Greenhouses are not oermitted. The following additional reouirements aooiv to Agricultural Greenhouses in the A-C: R-120: R-200: R- 400: LI: and LID Zoning Districts: a) Minimum Lot Size- 5 acres b) Maximum Lot Coverage- 60%: if the lot is nonconforming maximum lot coverage is 20%. Lot coverage includes all structures on the oarceL not lust greenhouses. Ex. Farm Stand storage buildings, SuDnort buildings, etc. c} Setbacks: i) Frontvard- If no screening the frontvard setback shall be 300 ft. If there is screening than the setback shall be 200 ft. ii) Rear yard- If there is no screening the setback shall be 50 ft. If there is screening than the setback shall be 2$ft. iii) Side yard- If there is screening than the setback shall be 50ft, combined 100ft. If there is screening than the setback shall be 25 ft, combined 50 ft. d) Outdoor Storage: All outdoor storage of materials associated with the Agricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section. e) Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three years of growth to accomplish the screening. Along Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid growth on too of the road and elimination of oPenness of these roadways. Planning Board approval is re{luired if an anolieant seeks to substitute some other type of screening for natural screening. ii) The following additional reouirements aDDIv for agricultural greenhouses in the R-80 zoning district. a) Minimum Lot Size- 10 acres b} Maximum Lot Coverage- 60% c) Front Yard: 300 ft d) RearYard: If there is no screening than the setback shall be 100 ft. If there is screening than the setback shall be 50 ft. e) Side Yard: If there is un screening than the setback shall be 100 ft. If there is screening than the setback shall be 50 ft. f} Outdoor Storage: All outdoor storage of materials associated with the Agricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section, g) Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three (3) years of nrowth to accomnlish the screening. Along Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid zrowth on too of the road and elimination of 0nenness of these roadways. Planning Board aooroval is recluired if an aoolicant seeks to substitute some other type of screening for natural screening. -3- Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: · 12. Personal Greenhouses III. ARTICLE IliA, Low-Density Residential R-40 District § 100-30A.2. Use regulations. In an K-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: (1) Same as § 100-3 lA of the Agricultural-Conservation District, except that wineries and Retail Greenhouses are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] IV. ARTICLE IV, Hamlet Density (HI)) Residential District § 100-42. Use regulations. (1) Accessory uses, limited to the following: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7), (9),and (11) and (12} of the Agricultural-Conservation District, and subject to conditions set forth in § 100-33 thereo£ V. ARTICLE V, Affordable Housing (AHD) District § 100-52. Applicability. § 100-53. Use regulations. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (2), (3), (4), (6) and (7) and {12} of this chapter. VI. ARTICLE VI, Resort Residential 0LR) District § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-31A of the Agricultural- Conservation District, except that wineries and Retail Greenhouses are excluded. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-3 lC(l) through (7)of the Agricultural-Conservation District. Personal Greenhouses are also a permitted accessory use and are not subiect to site Dian review. VI. ARTICLE VII, Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No, 23-1989; 2-7-1995 by L,L. No, 3-1995; 10-19-1999 by L,L, No, 15- 1999] C. Accessory uses. The t011owlng uses are permlttea as accessory uses aha, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereofi Personal Greenhouses are also a permitted accessory use and re not subiect to site Dian review. VII. ARTICLE VIII, Limited Business (LB) District § 100-81. Use regulations. In the LB District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-3 lA of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below and exceot A~ricultural Greenhouses which are not oermitted and Retail Greenhouses which are oerraitted subject to site olan a~oroval and the bulk schedule of the LB Zonin~ District. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted use and are not subject to site olan review. VIii. ARTICLE IX, Hamlet Business (HB) District § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(l) and (3) of the Agricultural-Conservation District exceot that A~ricultural Greenhouses are not ~ermitted and Retail Greenhouses are oermitted subiect to site t}ian aooroval and the bulk schedule of the HB Zonin~ District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted accessory uses and' are not sub|ect to site olan aooroval. IX. ARTICLE X, General Business (B) District § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: -5- (1) Any perm~.~d use set forth in and regulated by § lb~ ~ lA(2) and (3) of the Agricultural-Conservation District exce0t that A~ricultural Greenhouses are not oermitted and Retail Greenhouses are ~ermitted subiect to site ~lan a~roval and the bulk schedule of the B Zonin~ District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereo£ Personal Greenhouses are also a oermitted accessory use and are not subject to site olan aooroval. X. ARTICLE XI, Marine I (MI) District [Added 1-10-1989 by L.L. No. 1-1989EN] § 100-111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a ~ermitted accessory use and are not subject to site olan aooroval. XI. ARTICLE XII, EN Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-121. Use regulations. In the MII District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (I) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a nermitted accessory use and are not subject to site olan ao~roval. XII. ARTICLE XIII, Light Industrial Park/Planned Office Park (LIO) District [Added 1- 10-1989 by L.L. No. 1-1989EN] § 100-131. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject -6- to the same conditions allowed in the AC Zone. With resoect to Greenhouses, Agricultural Greenhouses are oermitted and Retail Greenhouses are orohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are i permitted as accessory uses and, except for residential accessory uses and signs, which fare governed by Article XX, are subject to site plan review: !(9) Personal Greenhouses are also a oermitted accessory use and are not subject to site olan aooroval. ! XIII. ARTICLE XIV EN Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1- 1989] § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resoect to Greenhouses, A~,ricultural Greenhouses are oermitted and Retail Greenhouses are orohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)ENAccessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. (3) Personal Greenhouses are also a oermitted accessory use and are not subject to site olan aooroval. Severability: If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competen jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. XV. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions. Strikethrough represents deletions. -7- BY ORDER OF THE TOWN BOARD SOUTHOLD, SOUTHOLD, NEW YORK. Dated: FEBRUARY 29, 2000. OF THE ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK TOWN OF PLEASE PUBLISH ON MARCH 9, 2000, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Town Comptroller Town Clerk Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 6th day of March 201~0 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice - Notice of Public Hearing on Local law in Relation to Greenhouses, Chapter 100 Zoning of the code of the Town of Southold to be held at 8:00 P.M.. Tuesday, March 29, 2000. Elizabeth A~ Neville Southold Town Clerk SWorn to before me this 6th day of March , 200{~. Public' LINDA J. COOPER Notary Public, State of N~, Yor~: No. 4~.2~5~3, S~, e ....... ~.~ ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON FEBRUARY 15, 2000: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of February 2000 Local Law, entitled UA Local Law in Relation to Greenhouses of the Code of the Town of Southold"; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 8:00 P.M., Tuesday, March 28, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on this Local Law, which reads as follows: LOCAL LAW NO. OF 2000 A Local Law in Relation to Greenhouses of the Code of the Town of Southold. BE IT ENACTED by the Town Board of the Town of $outhold as follows: I. Chapter 100 entitled ZONING of the Town Code of Southold is hereby amended as follows: ARTICLE I, General Provisions § 100-13 03) Definitions: GREENTIOUSE ~- A structure for growing plants. ARricultural Greenhouse: Auricultural treenhouses are Greenhouses that are used solely for wholesale a~ricultural o~eratlons. No retail sales, except as ~ermitted under the Town's farm stand law, are ~ermitted. Personal Greenhouse: Personal Greenhouses are ~reenhouses that are for personal use only. Personal Rreenhouses shall not exceed 250 scmare feet. No wholesale or retail sales are t~ermitted except as ~ermitted under the Town's farmstand law. Retail Greenhouses: Retail t..reenhouses are t~reenl~ouses where retail sales are oermitted. Il. AKTICLE HI, Agricultural-Conservation (A-C) District and Low-Density Residential R-80. R-120. R-200 and R-400 Districts § 100-3 I. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or pa~ nfs building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A~ Permitted uses. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (c) Barns, storage buildings, greenhouses At~ricultural Greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. Retail Greenhouses are not nermitted. The following additional rec~uirements aoolv to Aericultural Greenhouses in the A-C: R-120: R-200: R- 400: LI: and LIe Zonin~ Districts: ~} Minimum Lot Size- 5 acres bi Maximum Lot Coverai~e- 60%: if the lot is nonconformin~ maximum lot coverage is 20%. Lot coverage includes aH structures on the oarceL not iust t;reenhouses. Ex. Farm Stand storaee buildings, suonort buildings, etc. cl Setbacks: il Frontvard- If no sereenin~ the frontvard setback shall be 300 ft. If there is screenin~ than the setback shall be 200 ft. ii~ Rear yard- If there is no screenin~ the setback shall be 50 ft. If there is screenin~ than the setback shall be 25ft. iii) Side yard- If there is screenin~ than the ~etback shall be 50ft. combined 100ft. If there is screening, than the setback shall be 25 ft. combined 50 ft. d) Outdoor Storai~e: All outdoor storage of materials associated with the Aerienltural Greenhouse(s} must be located in the rear yard or screened. Screenin~ is defined in this section. e} Screenine: The criteria for screenine is that the · [creenin~, must be natural screening, and must effectively jcreen year-round. 'Them can be three (3) years of ~rowth to accomolish the screenine. Alon~ ~oute 25 and County Route 48 the screenine must be at [cast 60 ft back from the road to avoid~'owth on too of ~the road and elimination of ooenness of these roadways. ~lannin~ Board anoroval is reouired if an aoolicant ~eeks to substitute some other ~.voe of screenint~ for natural screening. ii) The followin~ additional reauirements anolv for agricultural~reenhouses in the ' 0 zoning district. a) Minimum Lot Size- 10 acres b) Maximum Lot Coveraee- 60% c) Front Yard: 300 ft d) RearYard: If there is no screening than the setback shall be 100 ft. If there is screenin~ than the setback shall be 50 ft. e) Side Yard: If there is no screening than the setback shall be I00 ft. If there is screening than the setback shall be 50 ft. f) Outdoor Storatle: All outdoor storage of materials associated with the Agricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section. g] Screening: The criteria for screening is that the screening must be natural screening and must effectively ~creen year-round. There can be three (3~ years of~rowth to aecomolish the screening. Along Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid~rowth on too of the road and elimination of ooenness ofthese roadways. Planning Board anoroval is reoulred if an aoolieant seeks to substitute some other tyne of screenin~ for natural screening. Accesso.ry uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: '12. Personal Greenhouses l~. ARTICLE IliA, Low-Density Residential R-40 District § I00-30&2. Use regulations. In an R-40 District, no building or premises shall be used and no building or pan cfa building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: (1) Samo as § 100-3 lA of the Agricultural-Conservation District, except that wineries and Retail Greenhouses are excluded. [Amended l 1-29-1994 by L.L. No. 26-1994] IV. ARTICLE IV, Hamlet Density (III)) Rosidential District § 100-42. Use regulations. (1) Accessory uses, limited to the following: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7), (9),an~ (11) and (12) of the Agricultural-Conservation District, and subject to conditions set forth in § 100-33 thereof. V. ARTICLE V, Affordable Housing (AHD) District § 100-52. Applicability. § 100-53. Use regulations. Accessory uses. ACCessory uses as set forth in and regulated by § 100-3 lC(l), (2), 0), (4), (6) aa~ (7) and (12) of this chapter. VI: ARTICLE VI, Resort Residential 0LR) District § 100-61. Use regulations~ In the 1LR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-3 lA of the Agricultural- Conservation District, except that wineries and Retail Greenhouses are excluded. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Aa-tide XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-3 lC(l) through (7)ofthe Agricultural-Conservation District. Personal Greenhouses are also a oermitted accessory use and are not subject to site ~lan review. VI. ARTICLE VI~ Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1989; 2-771995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15- 1999] C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted accessory use and re not subiect to site clan review. VII, ARTICLE VIH, Limited Business (LB) District § 100-81. Use regulations. In the LB District, no building or premises shall be used and no building or part cfa building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-3 lA of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below and exceot Agricultural Greenhouses which are not oermitted and Retail Greenhouses which are oermitted subiect to site clan aooroval and the bulk schedule of the LB Zoniw, District C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions'set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted use and are not sub|ect to site clan review. VIII. ARTICLE IX, Hamlet Business (liB) District § 100-91. Use regulations. In the I-lB District, no building or premises shall be used and no building or part cfa building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(I), A(2) and A(19) hereof; are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by {}'100-3 lA(l) and (:3) of the Agricultural-Conservation District extent that Agricultural Greenhouses are not oermitted and Retail Greenhouses are oermitted subject to site nlan aooroval and the bulk schedule of the HB Zonin~ District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted accessory uses and are not subiect to site olan aooroval. IX. ARTICLE X, General Business (B) District § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following t/SCS are permitted uses and, except for those uses permitted under Subsection A(1) hereof; are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) ofthe Agricultural-Conservation District exceot that A~ricultural Greenhouses are not [}ermitted and Retail Greenhouses are [}emitted subject to site [}lan a[}oroval and the bulk schedule of the B Zonin~ District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oe,:mitted accessory use and are not subject to site [}lan a[}[}roval. x. ARTICLE Xt, Marine I (MI) District [Added 1-I0-1989 by L.L. No. 1-1989EN] § 100-11 I. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(I) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a vermitted accessory use and are not subiect to site olan aooroval. XI. ARTICLE XII, EN Marine II (MI1) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-121. Use regulations. In the MII District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (D Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the A~ricultural-Conservation District, and subject to the conditions of § 100-33 thereof. Personal Greenhouses are also a oemitted accessory use and are not sub|ect to site olan aoorovaL xII. ARTICLE XIII, Light Industrial Park/Planned Office Park (LIO) District [Added 1- 10-1989 by L.L. No. 1-1989EN] § I00-131. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L.L. No. 6-1997] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof; are subject to site plan approval by the Planning Board: The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resoect to Greenhouses, A~ricultural Greenhouses are [}ermitted and Retail Greenhouses are prohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Personal Greenhouses are also a permitted accessory use and are not subject to site Dian anvroval. XIII. ARTICLE XIV, EN Light Industrial (L[) District [Added 1-10-I989 by L.L. No. 1- 1989] § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and Subsection A(2) hereof; are subject to site plan approval by the Planning Board: (I) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resnect to Greenhouses, A~rieultural Greenhouses are nermitted and Retail Greenhouses are orohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)ENAccessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. (3) Personal Greenhouses are also a oermitted accessory use and are not sub|ect to site olan aDoroval. XIV. Severability: If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competen jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereot~other than the part or provision so adjudged to be invalid or unconstitutional. XV. This Local Law shall take effect immediately upon filing with the Secretat3t of State. *Underline represents additions. Strikethrough represents deletions. Southold Town Clerk February 15. 2000 A Local Law in Relation to Greenhouses Be it enacted by the Town Board of the Town of Southold that I. Chapter 100 entitled ZONING of the Town Code of Southold is hereby amended as follows: ARTICLE I, General Provisions § 100-13 (B) Definitions: GREENHOUSE -- A structure for growing plants. A~ricultural Greenhouse: A~ricultural 8reenhouses are Greenhouses that are used solely for wholesale aericuitural onerations. No retail sales, excevt as nermitted under the Town's farm stand law, are nermitted. Personal Greenhouse: Personal Greenhouses are ereenhouses that are for versonal use only. Personal l~reenhouses shall not exceed 250 stluare feet. No wholesale or retail sales are vermitted extent as vermitted under the Town's farmstand law. Retail Greenhouses: Retail ereenhouses are I~reenhouses where retail sales are nermitted. II. ARTICLE III, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts § 100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (2) [Amended 5-23-1989 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (c) Barns, storage buildings, greenhouses A~ricultural Greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. Retail Greenhouses are not nermitted. il The following additional reauirements aool¥ to Agricultural Greenhouses in the A-C: R-120~ R-200: R- 400~ LI~ and LIO Zoning Districts: al Minimum Lot Size- 5 acres b/ Maximum Lot Coverage- 60%~ if the lot is nonconforming maximum lot coverage is 20%. Lot coverage includes all structures on the oarcel, not iust greenhouses. Ex. Farm Stand storage buildings, suooort buildings, etc. c) Setbacks: il Frontvard- If no screening the front~ard setback shall be 300 ft. If there is screening than the setback shall be 200 ft. iii Rear yard- If there is no screening the setback shall be 50 ft. If there is screenin~ than the setback shall be 25ft. iii) Side yard- If there is screening than the setback shall be 50ft, combined 100ft. If there is screening than the setback shall be 25 ft, combined 50 ft. d) Outdoor Storage: All outdoor storage of materials associated with the Agricultural Greenhouse(si must be located in the rear yard or screened. Screening is defined in this section. el Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three years of growth to accomolish the screening. Alon~ Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid growth on too of the road and elimination of ooenness of these roadways. Planning Board aooroval is recluired if an aoolicant seeks to substitute some other tvoe of screening for natural screening. iii The following additional reouirements aoolv for agricultural greenhouses in the R-80 zoning district. a) Minimum Lot Size- 10 acres bi Maximum Lot Coverage- 60% c) Front Yard: 300 ft d} RearYard: If there is no screenin~ than the setback shall be 100 ft. If there is screenin~ than the setback shall be 50 ft. e} Side Yard: If there is no screenin~ than the setback shall be 100 ft. If there is screening than the setback shall be 50 ft. f~ Outdoor Storaee: All outdoor storage of materials associated with the Agricultural Greenhouse(s} must be located in the rear yard or screened. Screenin~ is defined in this section. ~) Screening: The criteria for screenim~ is that the screening must be natural screening and must effectively screen year-round. There can be three (3} years of growth to accomolish the screenine. Alon~ Route 25 and County Route 48 the screenin~ must be at least 60 ft back from the road to avoid urowth on too of the road and elimination of o~enness of these roadways. PlanninR Board a~oroval is reoulred if an aoolicant seeks to substitute some other tvoe of screening for natural screening. Accessory uses, limited to the following uses and subject to the conditions listed in § 100-33 herein: · 12. Personal Greenhouses III. ARTICLE IIIA, Low-Density Residential R-40 District § 100-30A. 2. Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Permitted uses: (1) Same as § 100-3 lA of the Agricultural-Conservation District, except that wineries and Retail Greenhouses are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] IV. ARTICLE IV, Hamlet Density (I-ID) Residential District § 100-42. Use regulations. (1) Accessory uses, limited to the following: Accessory uses as set forth in and regulated by § 100-31C(1) through (7), (9),and (11) and (12) of the Agricultural-Conservation District, and subject to conditions set forth in § 100-33 thereo£ V. ARTICLE V, Affordable Housing (AHD) District § 100-52. Applicability. § 100-53. Use regulations. B,. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (2), (3), (4), (6) and (7) and (12) of this chapter. VI: ARTICLE VI, Resort Residential (RR) District § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) Any permitted use set forth in and as regulated by § 100-3 lA of the Agricultural- Conservation District, except that wineries and Retail Greenhouses are excluded. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use set forth in and as regulated by § 100-3 lC(l) through (7)of the Agricultural-Conservation District. Personal Greenhouses are also a ~ermitted accessory use and are not subject to site ~lan review. VI. ARTICLE VII, Residential Office (RO) District [Added 1-10-1989 by L.L. No. 1- 1989EN; amended 5-9-1989 by L.L. No. 6-1989; 11-28-1989 by L.L. No. 22-1989; 12- 12-1989 by L.L. No. 23-1959; 2-7-1995 by L.L. No. 3-1995; 10-19-1999 by L.L. No. 15- 19991 C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District and subject to the conditions set forth in § 100-33 thereofi Personal Greenhouses are also a oermitted accessory use and re not subject to site olan review. VII. ARTICLE VIII, Limited Business (LB) District § 100-81. Use regulations. In the LB District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. (1) Any permitted use as set forth in and regulated by § 100-3 lA of the Agricultural- Conservation District except wineries, which shall be as set forth in Subsection A(9) below and exceot A~ricultural Greenhouses which are not oermitted and Retail Greenhouses which arc oermitted subiect to site olan ao0roval and the bulk schedule of the LB Zonin~ District. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Any accessory use as set forth in and regulated by § 100-3 lC(l) through (8) and (10) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted use and are not subject to site olan review. VIII. ARTICLE IX, Hamlet Business (HB) District § 100-91. Use regulations. In the liB District, no building or premises shall be used and no building or part ora building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(l) and (3) of the Agricultural-Conservation District exceot that A~ricultural Greenhouses are not oermitted and Retail Greenhouses are oermitted subject to site olan aooroval and the bulk schedule of the HB Zoning District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions set forth in § 100-33 thereo£ Personal Greenhouses are also a oermitted accessory uses and are not subject to site vlan av~roval. IX. ARTICLE X, General Business (B) District § 100-10 I. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989] Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) Any permitted use set forth in and regulated by § 100-3 lA(2) and (3) of the Agricultural-Conservation District exceot that Agricultural Greenhouses are not oermitted and Retail Greenhouses are oermitted subiect to site olan aooroval and the bulk schedule of the B Zoning District. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses set forth in and as regulated by § 100-3 lC(I) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 100-33 thereof. Personal Greenhouses are also a oermitted accessory use and are not subiect to site olan aooroval. X. ARTICLE XI, Marine I (MI) District [Added 1-10-1989 by L.L. No. 1-1989EN] § 100-111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions of § 100-33 thereo£ Personal Greenhouses are also a oermitted accessory use and are not subject to site olan aooroval. XI. ARTICLE XII, EN Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 100-121. Use regulations. In the MII District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified[: C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: Accessory uses as set forth in and regulated by § 100-3 lC(l) through (7) of the Agricultural-Conservation District, and subject to the conditions of§ 100-33 thereo£ Personal Greenhouses are also a oermitted accessory use and are not subject to site olan aooroval. XII. ARTICLE XIII, Light Industrial Park/Planned Office Park (LIO) District [Added 1- 10-1989 by L.L. No. 1-1989EN] § 100-131. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. [Amended 5-9-1989 by L.L. No. 6-1989; 11-29-1994 by L.L. No. 26-1994; 4-28- 1997 by L~L. No. 6-1997] Permitted uses~ The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With resoect to Greenhouses, A~ricultural Greenhouses are permitted and Retail Greenhouses are i~rohibited. C [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (9) Personal Greenhouses are also a oermitted accessory use and are not subject to site plan avvroval. XIII. ARTICLE XIV, EN Light Industrial (LI) District [Added 1-10-1989 by L.L. No. 1- 1989] § 100-141. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and Subsection A(2) hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. With respect to Greenhouses, A~,riculturai Greenhouses are permitted and Retail Greenhouses are prohibited. C. [Amended 5-9-1989 by L.L. No. 6-1989] Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: (1) Accessory uses on the same lot with and customarily incidental to any permitted or special exception use and not involving a separate business. (2)ENAccessory uses as set forth in and as regulated by § 100-131C(5) through (8) of the Light Industrial Park/Planned Office Park District. (3) Personal Greenhouses are also a oerraitted accessorv use and are not subject to site plan a~l~roval. X1V. Severability: If any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competen jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. XV. This Local Law shall take effect immediately upon filing with the Secretary of State. *Underline represents additions. Strikethrough represents deletions. FI .UARY 15. 2000 To: Jean W. Cochrath Supervisor Town Board Members From: Gregory F. Yakaboski Mary C. Wilson Date: 2/9/00 Re: Proposed Local Law re: Greenhouses Currently this Local Law is setup as a separate Chapter of the Code. I will be attempting to "weave" these provisions into the overall Zoning Code mtber than set up Greenhouses as a separate Chapter. However, I believe it is easier to "see" the proposed component of the law in this format. Please call with any questions or comments. Be it enacted by the Town Board of the Town of Southold that The Town Code of the Town of Southold is hereby amended to add Chapter known as "Greenhouses" Section 1. Definitions: Agricultural Greenhouse: Agricultural greenhouses are Greenhouses that are used solely for wholesale agricultural operations. No retail sales, except as permitted under the Town's farm stand law, are pemfitted. Personal Greenhouse: Personal Greenhouses are greenhouses that are for personal use only. Personal greenhouses shall not exceed 250 square feet. No wholesale or retail sales are permitted except as permitted under the Town's. farmstand law. Retail Greenhouses: Retail greenhouses are greenhouses where retail sales are permitted. Personal Greenhouses: a) Personal greenhouses shall be permitted as accessory uses and accessory structures in all Zoning Districts set forth in the Town Code. Personal greenhouses are only permitted as an accessory use and as an accessory structure(s). b) Personal Greenhouses- shall be subject to the requiremems set forth in 100-33. Retail Greenhouses 1) Retail Greenhouse shall only be permitted in the following Zoning Districts: HB, LB and B Zoning Districts. Retail Greenhouses are not permitted, either as a primary use or as an accessory use in any other Zoning Districts 2) Site Plan Approval is required for Retail Greenhouses. Retail Greenhouses are subject to the bulk schedule requirements of the Zoning Districts in which they are located. Agricultural Greenhouses: a) Agricultural Greenhouses are only permitted in the following Zoning Districts: A-C; R-80; R-120; R-200; R400; LI and LIO Zoning Districts. b) Agricultural Greenhouses are not permitted, either as a primary use or an accessory use, in any other Zoning District than as set forth in subdivision A. c) Additional Requirements for Agricultural Greenhouses located in the A-C; R- 80; R-120; R-200; R-400; LI and LIO Zoning Districts: Screening is defined later in this section. 1) Minimum Lot Size- 5 acres 2) Maximum Lot Coverage- 60%; if the lot is nonconforming maximum lot coverage is 20%, Lot coverage includes all structures on the parcel, not just greenhouses. Ex. Farm Stand storage buildings, support buildings, etc. 3) Setbacks: a) Frontyard- If no screening the fi'ontyard setback shall be 300 ft. If there is screening than the setback shall be 200 fi. b) Rear yard- If there is no screening the setback shall be 50 fi. If there is screening than the setback shall be 25R. c) Side yard- If there is screening than the setback shall be 501t, combined 10012. If there is screening than the setback shall be 25 12, combined 50 fi. D) Additional requiremems for agricultural greenhouses in the R-80 zoning district. Screening is defined later in this section. 1) Minimum Lot Size- 10 acres 2) Maximum Lot Coverage- 60% 3) Front Yard: 300 ft 4) RearYard: If there is no screening than the setback shall be 100 fi. If there is screening than the setback shall be 50 fi. 5) Side Yard: If there is no screening than the setback shall be 100 fi. If there is screening than the setback shall be 50 fi. The following additional requirements apply to Agricultural Greenhouses in all permitted Zoning Districts. I) Outdoor Storage: All outdoor storage of materials associated with the Agricultural Greenhouse(s) must be located in the rear yard or screened. Screening is defined in this section. 2) Screening: The criteria for screening is that the screening must be natural screening and must effectively screen year-round. There can be three (3). years of growth to accomplish the screening. Along Route 25 and County Route 48 the screening must be at least 60 ft back from the road to avoid growth on top of the road and elimination of openness of these roadways. Planning Board approval is required if an applicant seeks to substitute some other type of screening for natural screening.