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Home My WebLink AboutAmending Chapter 25-Ag Land 04George E. Pataki Governor STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive, Albany, New York 12235 518-457-8876 Fax 518-457-3087 www.agm kt. state.ny, us April 20, 2004 Nathan L. Rudgers Commissioner Joseph M. Gergela, III Executive Director Long Island Farm Bureau, Inc. 104 Edwards Avenue Calverton, NY 11933 Dear Joe: In your March 15, 2004 letter, you raised several issues concerning proposed amendments to the Town of Southold's Purchase of Development Rights (PDR) land preservation program. You requested that the Department provide comments regarding lot coverage limitations, aesthetic requirements for siting farm structures, the treatment of "temporary greenhouses," the retail sales of farm products at farm stands and wineries, and the placement of farm labor housing on a farm. I understand that the Town of Southold is in the process of amending Chapter 25 of its Code, which provides standards for the acquisition of development dghts on land. Participation in the Town's PDR program is voluntary and as such, restrictions placed upon the reserved properties are negotiated and agreed to by the landowner and the Town. In exercising their powers to enact and administer comprehensive plans and local laws, ordinances, rules or regulations, local governments must do so in a manner as may realize the policy and goals of the Agricultural Districts Law (Agriculture and Markets Law [AML], Article 25-AA). They are also prohibited from unreasonably restricting or regulating farm operations within an agricultural district in contravention of the purposes of Article 25-AA unless it can be shown that the public health or safety is threatened. These provisions, contained in AML §305-a, apply to the Town of Southold's local law that authorizes the Town to purchase the Development Rights on farmland. Since participation in the PDR program is voluntary, it would be difficult to conclude that the requirements of the local law applicable to that program are unreasonably restrictive of farm operations. If the limitations you mentioned in your letter are applied to farm operations within an agricultural district, and a purchase of development rights is not involved, some or all of them might be determined to be unreasonably restrictive under §305-a based upon a case-by-case review. Joseph Gergela, Ill, bxecutive Director While not finding provisions of the Town's voluntary PDR program violative of AML §$05-a, the Department has concerns about some of the restrictions and their long-term effect on farm operations in general. Consequently, to the extent that a locality may seek funding from the State's Farmland Protection Program, the Department is considering whether funds should be granted when the Iocality's easement language is more restrictive than the standards used by the Department in administering AML'§305-a, subd. 1. In regard to farmland not involving a purchase of development rights, you inquired about the Department's views concerning restrictions on lot coverage, aesthetic requirements for siting farm structures, the treatment of "tempQrary greenhouses," the retail sales of farm products at farm stands and wineries, and the placement of farm labor housing on a farm. The Department's AML §$05-a guidelines on Local Zoning and Planning Laws, Temporary Greenhouses, Direct Farm Marketing, and Farm Worker Housing, copies enclosed, address each of these subjects in detail. You express the view that since temporary greenhouses are not considered buildings under Executive Law §372(17), they should not be subject to the Town's lot coverage restrictions. The Department is considering the use of a model conservation easement for its Farmland Protection Program that recognizes the Executive Law treatment of temporary greenhouses as specialized agricultural equipment. Under that model, a temporary greenhouse is excluded from lot coverage limitations as long as it has a non-contiguous foundation and the floor is not composed of an impervious material. You asked whether site plans can be required for structures used for retail sales of farm products at farm stands and wineries and, if so, to what degree of detail. Direct farm marketing is considered by the Department to be part of a "farm operation" and thus protected from unreasonably restrictive local regulation by AML §305-a when conducted on the farm. It is the Department's position that direct farm marketing should be allowed in all areas within a county-adopted, State certified agricultural district. However, the degree of regulation of the various forms of direct farm marketing that is considered unreasonably restrictive depends on the nature of the proposed activities and the size and complexity of the proposed structure. A requirement to apply for a permit is generally not unreasonably restrictive. For a large and complex retail facility, greater regulation, such as site plan review, may not be unreasonably restrictive. On the other hand, to require a small farm market which sells only a minimal amount of off- farm product to obtain site plan approval may be unreasonably restrictive. The Department's Local Zoning and Planning Laws includes extensive guidance on site plan review requirements. In our experience, many local governments do not require farm operations to undergo site plan review. Some local governments, however, desire an opportunity to review proposed agricultural projects within their borders, and in those cases there is a need for farmers to have an efficient, economical, and predictable process. In balancing those interests, the Department developed a model streamlined site plan review process, as described in the guideline, which Joseph Gergela, III, ExeCutive Director attempts to respond to the farmers' concerns while ensuring the ability to have other local issues examined and addressed. I hope that you find the above comments helpful in discussing the Town of Southold's proposed legislation to amend the PDR provisions of its Code and the limitations on local regulation of farm operations generally. Sincerely Nathan L. Rudgers Commissioner NLR/rcs Cc (with encls): Hon. Joshua Y. Horton, Supervisor, Town of Southold Patricia Finnegan, Southold Town Attorney Lisa Clare Kombrink, Esq., P.C. Guidelines for Review of Local Zoning and Planning Laws Background and Objective As communities adopt or amend zoning regulations, potential conflicts between farm operations and local land use controls may increase. This, coupled with continuing exurban development pressures on many of the State's agricultural communities, increases the need to better coordinate local planning and the agricultural districts program, and to develop guidelines to help address conflicts which may occur. Proactively, guidelines can aid in crafting zoning regulations by municipalities with significant farming activities. Zoning and Farm Operations: Practical Limitations and Problems Farms are host to several discrete but interdependent land uses which may include barns, commodity sheds, farm worker housing, garages, direct farm markets, silos, manure storage facilities, milking parlors, stables, poultry houses and greenhouses, to name but a few. The typical zoning regulation, in addition to establishing minimum lot sizes and separations between uses, often prohibits more than one "principal" structure on each parcel of record. Many zoning devices, then, are unable to distinguish between on-farm structures as part of a farm operation from the same building when it is used for an independent, freestanding use. The minimum separation and "yard" requirements of zoning are designed to avoid over concentration, maintain adequate spaces for light and air, and to reduce fire hazard in more urban environments. The application of such requirements to suburban and rural communities and farm operations often results in the unintended regulation of farm operations and uses not as an integrated whole, but as separate improvements. The rapidly changing nature of the agricultural industry does not always allow zoning and the comprehensive planning process to keep pace. This can result in the application of outdated regulations to contemporary land uses and gives rise to potentially unreasonable restrictions. Local governments may run afoul of the letter and intent of the Agricultural Districts Law by limiting the type and intensity of agricultural uses in their communities and by narrowly defining "farm" or "agricultural activity." This is sometimes problematic even in municipalities with a significant base of large, "production" level farming operations. Inadequately defined terms also give rise to conflict between the zoning device and farm operations. Because of the inherent nature of zoning, there is essentially no discrete administrative authority to waive its standards, even when those standards are at variance with the community's land use policy and what may be deemed its "intent." A municipal zoning board of appeals may, consistent with specific tests 9:16,03 found in Town, Village and City Law, vary the use and area standards of a zoning regulation, and reverse or affirm determinations of the zoning administrative official. Such a remedy: i.e., an area or use variance, may, however, in and of itself be considered "unreasonably restrictive" if it is the only means available to establish, expand or improve a "farm operation" in a county adopted, State certified agricultural district. These and other limitations and problems that can lead to AML §305-a violations may be avoided in the first instance by sound comprehensive planning. The Town Law, Village Law, General City Law and the Agricultural Districts Law are designed to encourage coordination of local planning and land use decision making with the agricultural districts program. Agricultural Districts and County Agricultural and Farmland Protection Plans: Their Influence on the Municipal Comprehensive Plan and the Zoning Process The preparation, adoption and administration of a municipal comprehensive plan and zoning regulation are not independent actions of local government, but should be part of a well thought out, seamless process. A zoning regulation is, in the final analysis, simply a device to implement the community plan and, in fact, ... must be in accordance with a comprehensive plan ..." [Town Law §272- a(11 )(a)] The State Legislature has codified the intent, definition and content of the comprehensive plan (Town Law §272-a, Village Law §7-722 and General City Law §28-a). In so doing, the Legislature has given significant status to "agricultural uses" in general, and State certified agricultural districts and county agricultural and farmland protection plans created under Agriculture and Markets Law Articles 25-AA and 25-AAA in particular. Town Law §272-a (9) requires agricultural review and coordination with the comprehensive planning process: "A town comprehensive plan and any amendments thereto, for a town containing all or part of an agricultural district or lands receiving agricultural assessments within its jurisdiction, shall continue to be subject to the provisions of article twenty-five-AA of the agriculture and markets law relating to the enactment and administration of local laws, ordinances, rules or regulations. A newly adopted or amended town comprehensive plan shall take into consideration applicable county agricultural and farmland protection plans as created under article twenty-five-AAA of the agriculture and markets law." (The same language is found in Village Law and General City Law.) Thus, the statutory influence the Agricultural Districts Law and the Agricultural and Farmland Protection programs have on the comprehensive planning process and zoning regulations is significant. State certified agricultural districts and 9/16/03 2 county agricultural and farmland protection plans are community shaping influences in much the same way as existing and proposed infrastructure; wetlands, floodplains, topographical features; cultural, historic and social amenities; economic needs; etc. are viewed. The Agricultural Districts Law is a valuable planning tool to conserve, protect and encourage the development and improvement of the agricultural economy; protect agricultural lands as valued natural and ecological resources; and preserve open space. In addition to AML §305-a, limitations on local authority in Town Law §283-a and Village Law §7-739 were enacted to ensure that agricultural interests are taken into consideration during the review of specific land use proposals. Town Law §283-a (1) and Village Law §7-739(1), as recently amended by Chapter 331 of the Laws of 2002, require local governments to "...exercise their powers to enact local laws, ordinances, rules or regulations that apply to farm operations in an agricultural district in a manner which does not unreasonably restrict or regulate farm operations in contravention of the purposes of article twenty-five- AA of the agriculture and markets law, unless it can be shown that the public health or safety is threatened." The recent amendments make the Town and Village Law provisions consistent with AML §305-a regarding showing a threat to the public health or safety. AML §305-a, subd.1 is not a stand-alone requirement for coordination of local planning and land use decision making with the agricultural districts program. Rather, it is one that is fully integrated with the comprehensive planning, zoning and land use review process. Application of Local Laws to Farm Operations within Agricultural Districts In general, the construction of on-farm buildings and the use of land for agricultural purposes should not be subject to site plan review, special use permits or non-conforming use requirements when conducted in a county adopted, State certified agricultural district. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be allowed uses when the farm operation is located within an agricultural district. Town Law §274-b, subdivision 1 allows a town board to authorize a planning board or other designated administrative body to grant special use permits as set forth in a zoning ordinance or local law. "Special use permit" is defined as %..an authorization of a particular land use which is permitted in a zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met." Agricultural uses in an agricultural district are not, however, "special uses." They are constitutionally recognized land uses which are protected by AML §305-a, subd.1. Further, agricultural districts are created and reviewed locally through a process which includes public notice and hearing, much like zoning laws are adopted and amended. Therefore, absent any showing of an overriding local concern, generally, an exemption from special use permit requirements should be provided to farm operations located within an agricultural district. The application of site plan and special permit requirements to farm operations can have significant adverse impacts on such operations. Site plan and special permit review, depending upon the specific'i'equirements in a local law, can be expensive due to the need to retain professional assistance to certify plans or simply to prepare the type of detailed plans required by the law. The lengthy approval process in some local laws can be burdensome, especially considering a farm's need to undertake management and production practices in a timely and efficient manner. Site plan and special permit fees can be especially costly for start-up farm operations. Generally, farmers should exhaust their local administrative remedies and seek, for example, permits, exemptions available under local law or area variances before the Department reviews the administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. The Department has found local laws which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Building Code (unless exempt from the State Building Code 4) and Health Department requirements not to be unreasonably restrictive. Requirements for local building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. Site Plan Review for Farm Operations within an Agricultural District Many local governments share the Department's view that farm operations should not have to undergo site plan review and exempt farms from that requirement. However, the Department recognizes the desire of some local governments to have an opportunity to review agricultural development and projects within their borders, as well as the need of farmers for an efficient, economical, and predictable process. In view of both interests, the Department developed a model streamlined site plan review process which attempts to respond to the farmers' concerns while ensuring the ability to have local issues examined. The process could be used for farm buildings and structures (new and significant expansions) proposed for a site, but should not be required for non-structural agricultural uses. For example, to require farm operations in an agricultural distirct to undergo site plan review to enage in the production, discussion of the New York State Uniform Fire Prevention and Building Code follows below. 9~ t6.~03 4 preparation and marketing of crops, livestock and livestock products, would generally be unreasonably restricitve. The authorizing statutes for requiring site plan review are quite broad and under "home rule" muncipalities retain signicant flexibility in crafting specialized procedures (e.g., the selection of a reviewing board; uses which trigger submission of site plans; whether to have a public hearing and the length of time to review an application). Town Law §274-a and Village Law §7-725-a define a site plan as "a rendering, drawing, or sketch prepared to specifications and containing necessary elements as set forth in the applicable zoning ordinance or local law which shows the arrangement, layout and design of the proposed use of a single parcel of land .... "These sections of law further outline a list of potential site plan elements including parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses as well as additional elements. Many municipalities have also added optional phases to the site plan review. While a preliminary conference, preliminary site plan review and public hearings may assist the applicant earlier in the review process and provide the public an opportunity to respond to a project, they can result in a costly delay for the farmer. For the sake of simplicity, the model site plan process and the following guidance presume that the planning board is the reviewing authority. Site Plan Process The applicant for site plan review and approval shall submit the following: 1) Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. Show the existing features of the site including land and water areas, water or sewer systems and the approximate location of alt existing structures on or immediately adjacent to the site. 2) Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic. 3) Sketch of any proposed building, structure or sign, dimensions and elevations of front, side and rear views. any available blueprints, plans or drawings. including exterior Include copies of 9 10,03 ; 4) Provide a description of the project and a narrative of the intended use of such proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. 5) If any new structures are going to be located adjacent to a stream or wetland provide a copy of the floodplain map and wetland ma'p that corresponds with the boundaries of the property. 6) Application form and fee (if required). If the municipality issues a permit for the structure, the Code Enforcement Officer (CEO) determines if the structures are subject to and comply with the local building code or New York State Uniform Fire Prevention and Building Code prior to issuing the permit. Similarly, the Zoning Enforcement Officer (or the CEO in certain municipalities) would ensure compliance with applicable zoning provisions. The Department urges local governments to take into account the size and nature of the particular farm buildings and structures when setting and administering any site plan requirements for farm operations. The review process, as outlined above, should generally not require professional assistance (e.g., architects,engineers or surveyors) to complete or review and could be completed relatively quickly? The Department understands, however, that in some cases, a public hearing and/or a more detailed review of the project which may include submission of a survey, architectural or engineering drawings or plans, etc., may be necessary. The degree of regulation that may be considered unreasonably restrictive depends on the nature of the proposed activities, the size and complexity of the proposed buildings or structures and whether a State agricultural exemption applies. Time Frame for Review and Decision Town Law §274-a and Village Law §7-725-a require that a decision on a site plan application be made within a maximum of 62 days after receipt of the application or date of a public hearing, if one is required. Town and Village Law authorize town boards and village boards of trustees to adopt public hearing requirements and local laws often provide planning boards with the discretion whether to hold a public hearing. The Department recommends that if the municipality requires construction of farm buildings and structures within a state certified agricultural district to undergo site plan review, that the review and decision be expedited within 45 days, with no public hearing. The Department recognizes that the Town Law allows municipalities to determine which uses Please see discussion of Agricultural Exemptions below. 9/16,~03 6 must undergo site plan review, the time frame for review (within the 62 day maximum), and whether to conduct a public hearing. A protracted review of most agricultural projects could, however, result in significant economic impacts to farmers. The process outlined above affords the community an opportunity to examine a proposed agricultural project and to evaluate and mitigage potential impacts in light of public health, safety and welfare without unduly burdening farm operations. Of course, the "process" must also be adminstered in a manner that does not unreasonably restrict or regulate farm operations. For example, conditions placed upon an approval or the cost and time involved to complete the review process could be unreasonably restrictive. Agricultural Exemptions State Environmental Quality Review (SEQR) Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with "generally accepted principles of farming" are designated as Type ti actions which do not require preparation of an Environmental Assessment Form (EAF) and are not subject to compliance with State Environmental Quality Review (SEQR). 6 NYCRR §617.5(a), (c)(3). [See In the Matter of Pure Air and Water Inc. of Chemung County v. Davidsen, 246 A.D.2d 786, 668 N.Y.S.2d 248 (3rd Dept. 1998), for application of the exemption to the manure management activities of a hog farm.] The SEQR regulations require localities to recognize the Type II actions contained in the statewide list. New York State Uniform Fire Prevention and Building Code - While farmers must comply with local requirements which regulate health and safety aspects of the construction of farm buildings, many farm buildings are exempt from the State Uniform Fire Prevention and Building Code ("Uniform Code"). The Uniform Code recently underwent major revisions and now is comprised of seven sub-codes (the Building Code, Fire Code, Residential Code, Plumbing Code, Mechanical Code, Fuel Gas Code, and the Property Maintenance Code). The exemption for agricultural buildings has been incorporated in the following portions of the revised Uniform Code and the Energy Conservation Construction Code, which became fully effective on January 1, 2003. Agricultural building is defined in §202 of the Building Code as "A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public." 9q6~03 Building Code {}101.2(2) provides an exemption from the Building Code for "[a]gricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation." Section 102.1(5) of the Fire Code of New York State provides that "[a]gricultural buildings used solely in the raising, growing or storage of agricultural products by a farmer engaged in a farming operation" are exempt from the provisions of the Fire Code pertaining to construction but are subject to applicable requirements of fire safety practice and methodology. Section 101.4.2.5 of the Energy Conservation Construction Code ("ECCC") exempts "nonresidential farm buildings, including barns, sheds, poultry houses and other buildings and equipment on the premises used directly and solely for agricultural purposes" from the provisions of the ECCC. The above briefly highlights the agricultural buildings exemptions. Any specific questions regarding the interpretation and applicability of the revised State Uniform Fire Protection and Building Code should be directed to the Department of State's Codes Division at (518) 474-4073. Professionally Stamped Plans - Education Law {}7209(1) provides that no official of the State or any city, county, town or village charged with the enforcement of laws, ordinances or regulations may accept or approve any plans or specifications that ara not stamped with the seal of an architect, or professional engineer, or land surveyor licensed or authorized to practice in the State. Thus, where local laws, ordinances or regulations raquira that plans and specifications for private construction be accepted or approved, they may not be accepted or approved without the required seal, subject to the exceptions set forth in the statute. 1981 Op Atty Gen April 27 (Informal). However, the exceptions contained in Education Law {}7209(7)(b) include "farm buildings, including barns, sheds, poultry houses and other buildings used directly and solely for agricultural purposes." As a result, plans and specifications for such buildings are not required to be stamped by an architect, professional engineer or land surveyor? Against this backdrop, specific guidelines for review of zoning and planning regulations by local governments and the Department can best be understood. Generic Review Guidelines Generic reviews are those of entire zoning regulations or sections of zoning regulations that impact the municipality's farm community as a class or several farm operations in the same way. Examples of actions which might result in a generic review include the adoption or administration of an entirely new or Similar requirements and exceptions are also provided in Education Law §7307(1) and (5). 9,'16,03 8 substantially amended zoning regulation that results in a material change in the use and area standards applied to farm operations in a State certified agricultural district. In such cases, the Department recommends that the municipality ask itself the following questions: · Do the regulations materially limit the definition of farm operation, farm or agriculture in a way that conflicts with the definition of "farm operation" in AML §301, subd.117 · Do the regulations relegate any farm operations in agricultural districts to "non-conforming" status? · Is the production, preparation and marketing of any crop, livestock or livestock product as a commercial enterprise materially limited, resticted or prohibited? · Are certain classes of agriculture subject to more intensive reviews or permitting requirements than others? For example, is "animal agriculture" treated differently than crop production without demonstrated links to a specific and meaningful public health or safety standard designed to address a real and tangible threat? · Are any classes of agricultural activities meeting the definition of "farm operation" subject to special permit, site plan review or other original jurisdiction review standard over and above ministerial review? · Are "farm operations" subject to more intensive reviews than non-farm uses in the same zoning district? · Are "farm operations" treated as integrated and interdependent uses, or collections of independent and competing uses on the same property? · Is the regulation in accordance with a comprehensive plan and is such a plan crafted consistent with AML Article 25-AA as reqired by law? If the answer to any of the first six questions is "yes," or if the answer to either of the last two is "no," the zoning regulations under review are likely to be problematic and may be in violatiotion of AML §305-a, subd.1. Certainly such regulations would appear to be on their "face" inconsistent with the statutory requirement that "Local governments ...shall exercise these powers in such manner as may realize the poficy and goals set forth in this article [Article 25AA- Agricultural Districts]." Guidelines for Site Specific Reviews AML §305-a zoning case reviews often involve application of zoning regulations to a specific farm operation. Such cases typically result from applying the site plan, special use permit, use or non-conforming use sections, yard requirements, or tot density sections of the municipal zoning device to an existing farm operation. 9 [6,03 '~ These cases often evolve because although the zoning regulation may appear to be consistent with the agricultural districts law, its application to a specific issue or set of facts is not. In such cases, the Department recommends that the municipality ask itself the following questions: · Is the zoning regulation or restriction being applied to a use normally and customarily associated with a "farm operation" as defined in AML Article 25-AA? · Does the regulation or restriction materially 'limit the expansion or improvement of the operation without offering some compelling public benefit? · Is the regulation or restriction applicable to the specific farm operation in question or, under the same circumstances, would it apply to other farm operations in the community? · Does the zoning regulation impose greater regulation or restriction on a use or farming activity than may already be imposed by State or federal statute, rule or regulation? · Is the regulation or restriction the result of legislative action that rendered the farm operation a "non-conforming use"? If the answer to any of these questions is yes, then the zoning regulation or restriction under review is likely to be problematic and may be in violation of the statutory prohibitions against unreasonably restrictive regulation of farm operations in an agricultural district, unless a threat to the public health or safety is demonstrated. Guidance on Specific Zoning Issues The following are some s[3ecific factors that the Department considers when reviewing local zoning laws": A. Minimum and Maximum Dimensions Generally the Department will consider whether minimum and maximum dimensions imposed by a local law can accommodate existing and/or future farm needs. For example, many roadside stands are located within existing garages, barns, and outbuildings that may have dimensions greater than those set by a local ordinance. Also, buildings specifically designed and constructed to accommodate farm activities may not meet the local size requirements (e.g., silos and barns which may exceed maximum height limitations). The size and scope of the farm operation should also be considered. Larger farms, for example, cannot effectively market their produce through a traditional roadside 4 Please see other Department guidance documents for further information on issues related to specific types of farm buildings and practices. 9/16/03 10 stand and may require larger farm markets with utilities, parking, sanitary facilities, etc. B. Lot Size Establishing a minimum lot size for farm operations within a zoning district that includes land within a State certified agricultural district might be unreasonably restrictive. The definition of "farm operation" in AML §301, subd. 11 does not include an acreage threshold. Therefore, the Department has not set a minimum acreage necessary 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 "commemial enterprise" and more than a hobby farm. For agricultural assessment purposes, however, AML §301, subd. 4 states that a farm must have "land used in agricultural production" to qualify (either seven or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than seven acres and average gross sales of more than $50,000 in the preceding two years). A recent amendment to AML §301, subd. 4 also provides for an agricultural assessment on seven or more acres which has an annual gross sales of $10,000 or more "...when such land is owned or rented by a newly established farm operation in the first year of operation." AML §301, subd. 4.h. Laws of 2003, Chapter 479, effective September 9, 2003. Local requirements for minimum lot sizes for farm buildings raises concerns similar to those involving minimum and maximum building dimensions. A farmer may be unable to meet a minimum lot size due to the configuration of the land used for production or lying fallow as part of a conservation reserve program. The need to be proximate to existing farm roads, a water supply, sewage disposal and other utilities is also essential. Farm buildings are usually located on the same property that supports other farm structures. Presumably, minimum lot size requirements are adopted to prevent over concentration of buildings and to assure an adequate area to install any necessary utilities. Farm buildings should be allowed to be sited on the same lot as other agricultural use structures subject to the provision of adequate water and sewage disposal facilities and meeting minimum setbacks between structures. C. Setbacks Minimum setbacks from front, back and side yards for farm buildings have not been viewed as unreasonably restrictive unless a setback distance is unusually long. Setbacks that coincide with those required for other similar structures have, in general, been viewed as reasonable. A farm operation's barns, storage buildings and other facilities may already be located within a required setback, or the farm operation may need to locate new facilities within the setback to meet the farm operation's needs. Aisc, adjoining land may consist of vacant land, woodland or farmland. The establishment of unreasonable setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation (e.g., water supply, utilities and farm roads) is often already located within, and adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the cost of, or make it impracticable to construct new structures fo~ the farm operation. D. Sign Limitations: Whether or not a limitation on the size and/or number of signs that may be used to advertise a farm operation is unreasonably restrictive of a farm operation depends upon the location of the farm and the type of operation. A farmer who is located on a principally traveled road probably will not need as many signs as one who is located on a less traveled road and who may need directional signs to direct the public to the farm. The size of a sign needed may depend on whether the sign is used to advertise the farm's produce or services (e.g., for a commercial horse boarding operation) as part of the farm's direct marketing, or just for directional purposes. E. Maximum Lot Coverage Establishing a maximum lot coverage that may be occupied by structures may be unreasonably restrictive. For example, it may be difficult for horticultural operations to recoup their investment in the purchase of land if they are not allowed to more fully utilize a lot/acreage for greenhouses. Farm operations within an agricultural district 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 minimized. F. Screening and Buffers Some municipalities impose buffer requirements, including setbacks where vegetation, landscaping, a wall or fencing is required to partially or completely screen adjacent land uses. Often, the buffer area cannot be used or encroached upon by any activities on the lot. Requirements for buffers or setbacks to graze animals, construct fences and otherwise use land for agricultural purposes are generally unreasonably restrictive. Buffers and associated setbacks may require farmers to remove land from production or otherwise remove land from use for the farm operation. The impact on nursery/greenhouse operations is especially significant since they are often 9/16,03 12 conducted on smaller parcels of land. Maintenance of the buffer also creates a hardship to the landowner. If a setback is required for fencing, the farmer may have to incur the expense of double fencing the perimeter of the property, or portion thereof, to prevent encroachment by neighboring property owners. A requirement to screen a farm operation or agricultural structures such as farm labor housing or greenhouses from view has been found by the Department to be unreasonably restrictive. Screening requirements suggest that farm operations and associated structures are, in some way, objectionable or different from other forms of land use that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless such requirements are otherwise warranted by special local conditions or necessary to address a threat to the public health or safety. 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. 9/16/03 I ' Guidelines for Review of Local Laws AffectinR Temporary Greenhouses "Temporary greenhouses" are typically used on farm operations to propagate and grow nursery stock, flowers and vegetables. AML §301(2)(d) defines "horticultural specialties" to include nursery stock, ornamental shrubs, ornamental trees and flowers. Although temporary greenhouses are usually found on nursery operations and farms that produce vegetables, they are also used in the animal industry to raise young stock. It is common practice for greenhouse operations to p'urchase 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. In 1992, the Executive Law was amended to define temporary greenhouses as "specialized agricultural equipment." [Executive Law §372(17)~] Executive Law §372(3) states that temporary greenhouses are not buildings for purposes of the State Building Code. Therefore, temporary greenhouses that are specifically designed, constructed and used for the culture and propagation of horticultural commodities are exempt from requirements for building permits. However, temporary greenhouses are not exempt from local zoning requirements. The erection and use of temporary greenhouses as part of a farm operation, including nursery/greenhouse operations, produce farms and livestock farms, is protected under AML §305-a. Real Property Tax Law §483-c2 exempts temporary greenhouses from taxes, special ad valorem levies and special assessments. There is a "one-time" filing of a form, as prescribed by the New York State Office of Real Property Services (ORPS), to receive this exemption. The form must be completed and presented to the Town Assessor. Real Property Form 483-c may be obtained from the ORPS's web site at www.orps.state.ny.us.3 ~ Executive Law §372(17) defines a "Temporary greenhouse" as "...specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuos foundation, which is specifically designed, constructed and used for the culture and propagation of horticultural commodities. A 'temporary greenhouse' may include, but is not limited to, the use of heating devices, water and electrical utilities, and supporting poles embedded in non-continuous concrete. In no instance will a temporary greenhouse be used for the retail sale of any farm or non-farm products." (emphasis added) 2 Real Property Law §483-c(1 ) defines "Temporary greenhouse" as "...specialized agricultural equipment having a framework covered with demountable polyethylene or polypropylene materials or materials of a polyethylene or polypropylene nature which is specifically designed, constructed and used for agricultural production. A temporary greenhouse may include, but is not limited to, the use of heating devices, water and electrical utilities, and embedded supporting poles." (emphasis added) 3 When the web site is accessed, click onto "Forms, Publications and Procedures." On the next screen, click onto "Agency Forms" and on the following screen, click onto "Agency Form Listing by Number." Scroll down to RP~83-C for the two-page form and RP-483-C-INS for the instructions. 3/10/03 The following are some of the specific matters that the Department considers when reviewing a local law that affects temporary greenhouses: A. Minimum Lot Size 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 definition of "farm operation" in AML §301(11) does not include an acreage threshold. Therefore, the Department has not'set a minimum acreage necessary 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. For agricultural assessment purposes, however, AML §301(4) states that a farm must have "land used in agricultural production" to qualify (either seven or more acres and gross sales of an average of $10,000 or more in the preceding two years or have less than seven acres and average gross sales of more than $50,000 in the preceding two years). Maximum Lot Coverage Establishing a maximum lot coverage that may be occupied by greenhouses may be unreasonably restrictive. It may be difficult for horticultural operations to recoup their investment in the purchase of land if they are not allowed to more fully utilize a IotJacreage. 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. C. Maximum Number of Greenhouses Establishing a maximum number of greenhouses that may be constructed on a farm operation may be unreasonably restrictive. Generally, a farm operation should be allowed to erect all agricultural structures and specialized agricultural equipment (temporary greenhouses), regardless of size, which are necessary to operate, consistent with the need to protect the public health or safety. D. Setbacks Minimum setbacks from front, back and side yards have not been viewed as unreasonable unless a setback distance is unusually long. The establishment of lengthy setback distances increases the cost of doing business for farmers because the infrastructure needed to support the operation is usually located within, and adjacent to, the farmstead area or existing farm structures or greenhouses. Excessive setbacks can 3/10/03 also increase the cost of, or make it impracticable to construct, new greenhouses for the farm operation. E. Screening A requirement to screen greenhouses from view has been found by the Department to be unreasonably restrictive. Farmers should not be required to bear the extra costs to provide screening unless such requirements are otherwise warranted by special local conditions or necessary to address a threat to 'the public health or safety. 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. F. Greenhouses/Nursery Operations as a Permitted Use The use of greenhouses as part of a farm operation should be a principal permitted use in all local zoning districts located in a county adopted, State certified agricultural district, since the purpose of such districts is to encourage the development and improvement of agricultural land. Agricultural uses and structures within an agricultural district should generally not be subject to special use permits, use variances or non-conforming use requirements. 3/10/03 Guidelines for Review of Local Laws Affectin~l Farm Worker Housin,q Farm worker housing, including mobile homes (also known as "manufactured homes"), is an integral part of numerous farm operations. Farmers often provide on-farm housing for their farm laborers to, among other things, accommodate the long workday, meet seasonal housing needs and address the shortage of nearby rental housing in rural areas. The use of manufactured or mobile homes for farm worker housing is a common farm practice. Manufactured or mobile homes provide a practical and cost effective means for farmers to meet their farm labor housing needs. The term "on-farm buildings" includes farm labor housing, including manufactured housing, used for the on-farm housing of permanent and seasonal employees, and is therefore subject to the protection of Agriculture and Markets Law (AML) §305-a.~ Generally, in evaluating the use of farm labor housing under §305-a, the Department considers whether the housing is used for seasonal and/or full-time employees and their families; is provided by the farm operator (irrespective of whether the operator owns or rents the farm for the production of agricultural products); whether the employee to be housed is engaged in the production function(s) of the farm operation and is not a partner or owner of the farm operation. The Department does not consider the primary residence of the owner or partner of the farm operation to be protected under §305-a. The degree of regulation of farm worker housing that is considered unreasonable depends on the number of units, size of the structure(s) and the complexity of the housing to be provided. A requirement to apply for a permit is generally not unreasonable. Depending upon the size and complexity of the structure(s) to be built or the number of units to be sited on a farm, a site plan review requirement may be reasonable. The Department urges local governments to take into account the size, complexity and number of units of housing required by the farm operation when setting and administering such requirements. For example, the Department has not considered the need to undergo site plan review, where more than two mobile homes are sited on the same farm complex, unreasonable. However, conditions placed upon the issuance of a permit and/or the cost and time involved to complete site plan review requirements may be unreasonable. In some cases farmers should exhaust their local administrative remedies and seek, for example, certain permits, exemptions available under a local law or area variances, before the Department reviews the administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirementJprocess, as well as the substantive requirements imposed on the farm operation. Local laws which the Department has found not to be unreasonably restrictive include those which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Uniform Fire Prevention and Building Code ("Uniform Code") [unless exempt from the Uniform Code under Building Code §101.2(2) and Fire Code §102.1(5)] and Health Department requirements for potable water and sewage disposal. Requirements for local building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. The Department's interpretaLion was upheld ~n Town of Lysander v. Hafner. New 'fork Court of Appeals, 96 N.Y.2d 558 (October 18, 2001 ). 8/27/03 Some municipalities have developed reasonable requirements to ensure that farm labor housing is used only for legitimate farm employees; is removed if it is not used for its intended purpose; and is periodically reviewed for compliance. The following are some of the specific matters that the Department considers when reviewing a local law that affects farm worker housing: A. Minimum Dimensions Establishing minimum square foot dimensions and/or floo~:' space has been determined to be unreasonably restrictive in certain instances. Many mobile homes used for farm labor housing have outside dimensions of 14 feet by 70 feet (i.e., 980 square feet). Older model manufactured housing may have lesser square foot dimensions, however. To address this concern, a municipality may elect to not establish a minimum square foot requirement for farm worker housing on a farm operation within a State certified agricultural district. B. Lot Size Requiring a minimum lot size exceeding 10,000 to 15,000 square feet may be unreasonably restrictive. A farmer may be unable to meet such a minimum lot size due to the configuration of the land used for production or lying fallow as part of a conservation reserve program. The need to be proximate to a water supply, sewage disposal and other utilities is also essential. Farm worker housing is usually located on the same property which supports other farm structures. Siting farm labor housing very near other farm structures, such as a barn or milking parlor, is important for ease of access and for security purposes. Presumably, minimum lot size requirements are adopted to prevent over concentration of residences and to assure an adequate area to install a properly engineered well and waste disposal system. Farm worker housing should be allowed to be sited on the same lot as other agricultural use structures subject to the provision of adequate water and sewage disposal facilities and meeting minimum setbacks between structures. C. Setbacks Minimum setbacks from front, back and side yards have not been viewed as unreasonable unless a setback distance is unusually long. Setbacks that coincide with those required for other residential structures have, in general, been viewed as reasonable. D. Screening A requirement to screen farm labor housing from view has been found by the Department to be unreasonable. Screening requirements suggest that farm worker housing is, in some way, objectionable or different from other forms of residential housing that do not have to be screened. Farmers should not be required to bear the extra costs to provide screening unless screening is required to address a threat to the public health or safety or is shown to be necessary due to special local conditions. E. Compliance with HUD Standards A requirement that mobile homes constructed before June 1976 comply with HUD construction and safety standards may be unreasonably restrictive. Manufactured homes do not need to meet current HUD standards to be safe and fit for human occupancy. The adoption of the federal standards does not mean that manufactured homes constructed prior to their 8/27/03 promulgation (June 1976) are unsafe or unfit for human occupancy, any more than a conventional unit built prior to the application of a local building code or the State Uniform Fire Prevention and Building Code can be considered unsafe. The Uniform Code provides that manufactured homes constructed before June 15, 1976 need not be built in accordance with HUD standards and have a certifying label and data plate if they have been inspected to determine that they are structurally sound and free of heating and electrical system hazards [Residential Code of New York State, AE 102.6 ]. Manufactured homes as part of a farm operation should be allowed to meet either the HUD standards or pass inspection as provided in Residential Code, AE 102.6. F. Removal of Farm Labor Housing if Unoccupied Requiring farm labor housing be immediately removed from a site upon cessation of its use by the farm operation or if a farm operation stops producing an agricultural crop may be unreasonable. Housing may be used only seasonally. In addition, unforeseen circumstances, such as a change in a farm operation due to a death in the family or a change in ownership, may prevent such housing from being used within a given year. Some municipalities require the removal of farm labor housing if it has not been used for such purposes for three years. Such a requirement is reasonable and takes into account changes in farm circumstances. G. Sharing of Farm Labor and Housing Farmers may, under certain circumstances, share farm labor and housing to provide full employment to farm workers throughout the growing season. This helps ensure that labor needs are met and workers do not leave the area for other employment opportunities. There should be some flexibility in a local law to accommodate the sharing of farm tabor and/or housing. The Department considers the facts of a particular case in making a determination whether a local law is unreasonably restrictive, but generally would view a requirement that workers be employed or used more than 51 percent of the time by the farm operation where the housing is located as reasonable. 8/27/03 Guidelines for Review of Local Laws Affecting Direct Farm Marketin.q Activities Typically "direct farm marketing" encompasses roadside stands, farm markets, farmers' markets, and "u-pick" or "pick your own operations". Direct farm marketing is considered by the Department to be part of a "farm operation" and thus protected from unreasonable local restrictions by Agriculture and Markets Law (AML) §305-a when conducted on the farm. Direct farm marketing should be allowed in all areas within a county- adopted, State certified agricultural district. However, the degree of regulation of the various forms of direct farm marketing that is considered unreasonable depends on the nature of the proposed activities and the size and complexity of the proposed structure. A requirement to apply for a permit is generally not unreasonable. Depending upon the size and scope of the retail facility, greater regulation, such as site plan review, may be reasonable. The Department urges local governments to take into account the size and nature of the particular farm market when setting and administering such requirements. For example, to require a small farm market, which sells only a minimal amount of off-farm product, to obtain site plan approval may be unreasonably restrictive. In some cases farmers should exhaust their local administrative remedies and seek, for example, certain permits, exemptions available under a local law or area variances, before the Department reviews the administration of a local law. However, an administrative requirement/process may, itself, be unreasonably restrictive. The Department evaluates the reasonableness of the specific requirement/process, as well as the substantive requirements imposed on the farm operation. Local laws which the Department has found not to be unreasonably restrictive include those which regulate the health and safety aspects of the construction of farm buildings through provisions to meet local building codes or the State Uniform Fire Prevention and Building Code ("Uniform Code") [unless exempt from the Uniform Code under Building Code §101.2(2) and Fire Code §102.1(5)]4) and Health Department requirements. Requirements for local building permits and certificates of occupancy to ensure that health and safety requirements are met are also generally not unreasonably restrictive. The following are some of the specific matters that the Department considers when reviewing a local law that affects direct farm marketing: A. Maximum Dimensions: GeneraLly the Department will consider whether maximum dimensions imposed by a local law are sufficient to meet existing and/or future farm needs. For example, many roadside stands are located within existing garages, barns, ~ Please see Guidelines for Review of Local Zon#tg and Planning Laws for discussion of State Building Code. 10/9/03 and outbuildings that may have dimensions greater than those set by a local ordinance. Buildings specifically designed and constructed to accommodate the sale of farm products may also not meet the local requirements. The size and scope of the farm operation is also considered. Larger farms, for example, cannot effectively market their produce through a traditional roadside stand. B. Sign Limitations: Whether or not a limitation on the size and/or number of signs that may be used to advertise a roadside stand is unreasonable depends upon the location of the stand and the type of produce sold. A farmer who is located on a principally traveled road probably will not need as many signs as one who is located on a less traveled road and may need directional signs to direct the public to their stand. The size of a sign needed may depend on whether the farmer needs to advertise the availability of several different types of produce or just one or two products. C. Product Origin: 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 farm market. 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 versus 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. The needs of "start-up" farm operations should also be considered. These farms often start out selling a large percentage of agricultural products grown off the farm in order to develop a customer base and maintain income while their farms are growing. If a percentage of on-farm products were required by a locality, allowing such farms a reasonable period of time to meet the percentage would be reasonable. The Department considers agricultural commodities produced "on-farm" to include any products that may have been produced by a farmer on their "farm operation," which could include a number of parcels owned or leased by that farmer throughout a town, county, or the State. The Department considers all such land, when it is located in a State certified agricultural district, as part of the farm operation. D. On-farm preparation of processed foods: Some of the larger farm markets may have facilities for the on-site preparation of processed foods (e.g. a kitchen, bakeshop, etc.), as well as facilities for consumption of foods (e.g., a cafb). The Department considers 10/9/03 these practices as part of the farm operation as long as the products that are prepared are composed primarily of ingredients produced on the farm. E. Ag-tourism/recreational activities: Many farm markets offer some form of on-farm recreational activity such as hayrides, a petting zoo, or a cornfield maze. These activities are often an important component of farm markets since they are a useful tool to attract customers. If it can be shown, on a case by case basis, that an activity will "...contribute to the production, preparation and marketing of crops, livestock, or livestock products..." [AML §301(11), emphasis added] it may be considered by the Department to be part of the farm operation. However, the activity, e.g., hayrides, a petting zoo, or a cornfield maze, must be used as part of the direct marketing strategy of the farm operation. Crops, livestock or livestock products must be grown or raised and sold through direct marketing to the public at the time the activity is in use since these activities are designed to attract potential customers to the property so they may purchase crops, livestock or livestock products. 10/9/03 DEPARTMENT OF PLANNING JNTY OF SUFFOLK STEVE LE~VY SUFFOLK COUNTY EXECLrl~VF April 2, 2004 THOMAS iSLES, AICP DIRECTOR OF PLANNING RECEIVED APR 8 2004 Town Clerk Town of Southold Soulhold Town Clerk Re: Proposed amendments to Chapter 25 of the Code of Ordiance of the Town of Southold (public hearing: 4/20/04). Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application(s) is/are not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Thomas Isles Director of Planning GGN:cc G:ICCHORNY~.ONING~ZONING\WORKING\NON- JUR~2004\SD42004 APR S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS h LEE DENNISON BLDG. - 4'Pr{ FLOOR · P 0 BOX 6 I O0 · (63 I ) 853 5 190 I O0 VETERANS MEMORIAL H~GHWAY HAUPPAUGE, NY I 1768 0099 TELECOPIER (63 I ) 653-4044 #2996 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 1 st day of April ,2004. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO6105050 Qualified In Suffolk County Commission Expires February 2~8, 20~8 Sworn to before me this 2004 Principal Clerk / day of ~ ~,.~//,}Z~-[' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there was presented to the Town Board of the Town of Southold. Suffo[k County. New York. on the 23rd day of MrLrch. 2004 a Local Law entitled Local Law in relation to the rights garment. Chanter 25 of the Town Code of the Town of Sonthold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold wil[ hold a t~ubtic hearing on the aforesaid Local Law on Aorll 20. 2004 at 8:10 n.m. 3t which time all interested nersons will be alYen an oDnortuntiv to be hearf~. The proposed Local La~ entitled r~ads as follows:" A Loca[ La'~', in rqla- tton to !!ne Land Preservation Cn a£ricuhural land_s 5ubje~! to develop merit rimhts easement. Chanter 25 of the T_own Code of the Town of Southold" ~.OCAL LAW NO. __ o~ 21104 A LOCAL LAW AMENDING Chap- ter 25 hA. GRICULTURAL [ANDS) OF THE TOWN CODE OF THE TOWN OF SOUTHOLD IN RELATION TO THE LAND PRESER'v%TION COM- MITFEE AND APPROVALS FOR STRUCTURES ON AGRICULTURAL LANDS SUBJECT TO DEVELOP- MENT RIGHTS EASEMENT, CHAP TER 25 OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION L PURPOSE. The Town Board recognizes the con- tinued importance of the Town's efforts to preserve and protect lands used for agdcuhural production. The purchase of development fights program, as set forth in Chapter 25, provides an important tool towards this goal. Certain aspects of the program are clarified and further defined al this legislation. The Town Board views the amendments as a nec- essao' component to the continued suc- cess and efficient implementation of the Town's goals. SECTION 2. CODE AMENDMENT. Chapter 25 of the Town Code of the Town of Southold is amended as fol- lows (underlined znaterial is added, stricken material is deleted~: § 25 30. Defimtions. As used m this chapter, the termS: used herein are defined as follows: AGRICULTURAL LANDS - Lands used in bona fide agricultural produc- tion, i.e.. laeds used in the Droduction for sale of cmos. livestock and fivestock p~90ucts, but not land or ~odions there- Of qsed for nrocessine of such croos. livestock or livestock areducts. For our I~9~:s of this Churner. amicultural lands ~¢ those from which develot~rae~/ dehtq have been acouired by the Town. These ak, riculmml lands may thclude agP-cnltuml structures as defined th this Chanter. AGRICULTURAL PRODUCTION The production for ~ F:.:.z: .srde of crops, livestock and live- stock products. ~ luted or mechanically heated or cooled ~-ailer on wheels, with areas in excess o[ 20 sauare feet disnlax lng prodoce, shall be considered a farm stand. STRUCTURE An','ththg c'onstruc~- ed n, on or under the ~Tound or attached to anything boxing a location, on or under the ground, including fenceb. 6;.§ 25-51. Land Preservation Committee. /44~A. The Committee shall consist of seven (7) members to be appointed by and serve at the pleasure of the To~n Board. The Chairman of the Commillee shall be designated by the Town Board. O-}[3~ Duties of the Committee. 4n~ (!/. The Conurmttee sindl perform the following Duties: or o~her Town a~_ wval sh~ll be consid- FAR_M STAND - An,,, structure o~en AmSculmral Advisory Committee and the Town Planning Board one or more doine so. the Committee shall follow cfi[erin adopted for that pumose by the Towo B_ocrd, The .~gricultural Structures Area{s} shall be desinnated b~2 the Land Preservation Coordinator on a b¢~¢ ~ap. Thc Town Amiculmral Ad¥isorv Committee shall review the issue an advisory re~ort to the Plarmine B~. Apurovals. The planninfl Board s~alLfeview the recommendations flora thc Lalad preservation Committee and Committee. and shall ap¢rove or disao grv~ the Land Preservation Committee's recommendation within 10 business days of receint of the recom~ mendation from the Land Prese~ Board disaporoves, the plannine Board /~d the Land Preservation Committee fL~al determination. In such cases. vote of all Plannint Board and Land ~Committee members, sub- iect to the quorum reoukements~of thee Plannine Board and [.and Preservation Area(s} a~p~rove_d pgrsuant to this C_ hap!er shall be qhown on the final sur- ~L 25-53. Process for R ve~Lewin~ and of~9_~s nmvided they ~ remove~ fr~o~ the land at s~ae point in the cmo IAI Ajtmm~tand- as d~fJsLed in this ~zler. may be ~rmitted. {5) A_ _house tlAiler, used exclusinel'~ engaved in a_~iculmral tnoduction ~ee of an a~al ~ennit ug~ta~~ !be A~ricultural Structures mined by ~ Zoning Boal~ of Atmeals. w~thm 30 days of ~ceiot of a co~olete ~ V~ance$ set forth in ~267-b. ~ ~tato Town La~ ~ ~ppea~e ~medYf ro~y ~er- ~gjL~?,~L~L.~t'mal determination 9J_th¢ 7~nin~ I~oard of Auoeals shall be ~C~g~¢ the ~ in the office of ~B~o_wn Clerk, a25-55- Other ~ ~n addition to any o~hers th~ SECTION 3. SEVERABILITY. Should a~y pa~ or provision of this PATRI~L~. A. FINNEGAN TOWN ATTORNEY pat ricia.finneganr~ town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TO~,VN ATTORNEY kieran.corcoran(4 town southold.ny.us LORI HULSE MONTEFUSCO ASSISTANT TOV~N ATTORNEY lori.montefusco(a town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold. New York 11971-0959 Telephone (631) 765-1939 Facsimile ,631) 765-1823 MEMORANDUM To: Members of the Town Board From: Patricia A. Finnegan Town Attorney Date: Aprill 2, 2004 Subject: SEQRA Proposal for Ag Structures, Chapter 25 Attached is a copy of correspondence that we received from Christopher Dwyer of L.K. McLean Associates relating to SEQRA on the local law in relation to Chapter 25 agricultural structures. Please contact me if you have any questions. PAF/Ik Enclosure cc: Town Clerk-/" LIh%%A L. K. fl ean Associates, P.. C. 437 South Counny Road · Bm,,kha~en · New Y,,rk · 1171o 16311286-8668 · FAX(0311280-O314 Priqcjp21s GEORGE d. KAtOH, P.E., P.L.S. EUGENE lb'. DALY, P.E., P.T.O E.m RAYMOND G DiBIASE, P.E., P.T ©.E.'~'d JOSEPIt F. CLINE. P.E. ROY R I;ULKERSON, P.L.S. ALBERT T. DAWSON, P.E. ('ONSUq rING ENGINEERS March~),_ 0 Mrs. Patricia Fim~egan Esq., Town Attorney Town of Southold 53095 Route 25 P.O. Box 1179 Southold. N.Y. 11971 SEQR for Proposed Town Code Change - "Approvals for Structures on Agricultural Lands Subject to Development Rights Easement" - Chapter Subsections 25-30, 25-51 through 25-55. LKMA Project No. 04010.003 ])ear Mrs. Fmneg,m As requested b3 the Tow n of Southold. our office has reviewcd the proposcd action to b~. taken by tile Toxin of $outhold as defined in Rcsohttlon V-259 offercd oil March 23, 2I)04. The Resolution is classified as it SEQRA Ty?e II Prqject in accordance with Titlc 6 of tltc New York Code of Rtdes and Regulations Parts 617.5 I c} (20, 27 and 28) [6 NYCRR Part 617.5 ~c} (2(I. 27 aod 281]. As st~ch, the action is not subject to SEQR reriew. I'2(D routine or co~ t/md/,g agenqv adlllJtliSlFtlliOtl and ltl~?lldgemcH[, IlO[ including new programs or mq/or rcorderit~g (~/'priorities l]ltl[ mai' tl.[]~£i tl~e ettvironment. (271 adoption oJ regulations, policu's, procedures and local legislattvc dcctsions in c'onnccilon wi/Il an.l' (lCll'OI10tl this lixt (qfl~vpe l[ prOlCCt. SL ('28) engaging in lhe review q/' any/)art Qf an application lo determine co,q~lianre with technical requirements, iwovided that no such detcrmination entitles or permily thc prqfect .qT~OllSOt' tO COItlIII(~IlCt' lhe tlCZioIl lllll¢s.v lltld ltlltJ[ ill/ FeqllJl'ellletlLg of thix Pair /hll'£ Jidfillcd. If you should have any questions regarding the content of this evaluation by our offi,:e [)lease do not hesitate to contact this office directly. Very Truly Yours Enc: (1) Copy of Towo Res,>. V-259 Christopher F. Dwyer CC: Town Council (6) Associate · Foundedin 1950 RI(SOI.UTION MARCH 23. 2004 ~ -2.';9 WHEREAS. there wa,, pre,.ented to thc Town Board of the Town o~ Southokl. Suffi,lk County. New York. on the _., day .}t March. 2004 a Local Law entitled "A l.ocal La~ in relatiou to the Land Pc~servation Committee and approvals for structures on agricultural lauds subiect to development rights easement~ Chapter 25 of the To~sn Code of the Town of Southold" and WHEREAS the Town Board of tlae Town of Soutlmld will hold a puhlic hearing on the aforesaid Local Law on April 20~ 2004 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The propo',ed Local Law entitled reads as follows: "A Local Law in relation to the Land Preservation Committee and approx als lkqr ~tmcture~ on agricultural land~, subject ~ development rights easemenh Chapter 25 of the Town Code of thc Town of Southold" LOCAL LAW NO. of 2004 A LOCAL LAW AMENDING Chapter 25 (AGRICULTURAL LANDSI OF THE TO'~VN CODE OF THE TOWN OF SOUTHOLD IN RELATION TO THE LAND PRESERVATION COMMFFTEE AN[) APPROVALS FOR STRUCTUR[:.S ON AGRICULTURAL LANDS SUBJECT TO DEVELOPMENT RIGHTS EASEMENT, CHAPTER 25 OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. PURPOSE. The Town Board recognizes the continued importance of the Tox~ n's efforts to preserve and protect lauds used for agricultural prodnctiou. The purchase of development righp, program, as set forth in Chapter 25, provides an important tool towards this goal. Certain aspects of the program are clarified and further defiued in this legislation. The Town Board views the amendments as a necessary component to the continued success and efficient implementation of the Tou,'n's goals. SECTION 2. CODE AMENDMI,]NT. Ch~tlxer 25 o! the Town Code of tile f~x~ n Gl Soulhold i~, amended u', follox~ s ,underl'ined matel'iul is added, stricken malerial i,, deleted I: ~ _3-_,0. Del'tuitions. A: u,,cd in lhi:, chupter, the terms u,,cd hereto arc defined us AGRICLILTI iR.AL I.ANDS Land,, re, ed m b,}nu fide agricultural production, i ¢.. land5 used in the production for sale Gl crops, li,.estock_a_nd li;eslock products, but not land or portions thereof nsed for processino~ of sttch crt~ps, livestock or livestock product~,. For puq)oses of this (?hapter. agricultural lands are those from which de,, elopment riders have been acquired b~, lhe Tox~. n. These a~ricu[tural lands may include agricultural strnctures its defined in Ibis Chapter. AGRICIILTURAL PRODUCTION -The production for ~ ~,ale of ci'op~, livestock and livestock products. ~"~ .... la~ or .....~ ; ..... AGRICULTURAL STRLrCTURES . ~'tcultural structures max be allo,.~.ed on al}i'icultural lands subject to the provisions of ,~ 25 52 and ~ 25-53. These stmcture~, include equipment storage buildin_o.s, greenhorn, es, livestock barns, drivext a~s and any other .-,tinctures used exclusively fl)r ugricultural purposes or which contribute to the production, preparation and marketing o1_' crops, livestock and livestock products for sale, as limited in this Chupter. Fences which reqnire a building permit or other Town approval shall be considered agricultural structures. AGRICULTURAL STRUCTURES AREA- Portion(si of agricultural lands on which agricultural structure~ may be approved according to ,~ =. -5- and 25-53 of this chapter. ,ALIENATION The transfer or an5' development right from the Town of Southold to anolher. COMMITTEE - The Southold Town Land Preservation Cormnittee. DEVELOPMENT RIGHT - The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricullural production. F..\[4:M STAND - :\nv M['LlClUl'C opel1 Iu Iht weal[icl' o[i al loam o[lc ~idc. u~ed for the ~ole p~rpo~e of l'c~ail ~alc of prodnce, ?huff MoCk ~roc[tlC1~ cooked. pressed or dried from produce an)wn ,m fro'riling opel'dlions x~ ifllin thc I'ixc East J~nd text ns. AI JcaNt 80~¢ of [[le produce, pla[l[ sleek or pI'odncl5 lntiM cc. rile fronl lbo owner's or lenafl[ fal'lllcr'$ OWll fal'lllillg opel'a[ioll5. ;~ fiLl'Ill 5[alld Nil.Ill llOI exceed 1.000 ~quarc tkct in t'ootpfint area and nhal[ nol sell mantfiacturcd producl~ ella, er than x aluc added prodnct~ that complx with llai~ p,tragl~l. Such structure shall be onc-stoi'x or less. roofed or ba;'e jlarlia[ 'a ails and flooring bLIt sbalJ noJ be CO[llpJeteJ~, tilt. l ~sed ext, c[ t V.[lcll tilt [ tlMlless Is ti ~scd A farlll Malld shall Ilo[ be insulamd or mecllanicall,, heated or cooled by permanenl alt:a5 Ill exceN~ ~ [ $_tiSlai'~e _equipnlenl. A track bed or trailer Oil wheels, wifll ..... ' ~ ' 20 feet displaying produce, ~hal[ be considered a farn/stand. STRUCTURE - Anyttling cons/fueled in, on or under the grottnd or attached to anylbing baying ii localion, on or nndcr lllc ground, including fences. C-. § 25-5 l. Land Pre>,crvation Comnliltee. The Committee shall consist of sexen 17) nlembers to be appoint.:d ti_,, and ser;'e at tile pleasure of tile Town Board. The Chairn/an o[ file Conuniltce shall be designaled by thc Town Board. /---MB~ Duties of the Connnitlee. aa-} I_l2. Tbe Conunittec shall peffornl the following Duties: [ga] To review all matters relevant lc) development rights and the agricnhuraI economy in general. lb] To recommend to the Town Board agricultural lands from which the development rights should be acquired_Jby the_ Town, and, if applicable, to identify an Agricuhural Structures Area(si on those lands where structures may be constructed pursuant to § 25-52(A.I of this Chapter. To serve as a review board for tile granting of approvals ,pursuant to § 25-53 of this Chapter ['or the construction, reconstruction of and additions of and to structures in or on agricultural lands i., fi'om which the development rights have been acquired by the town. 14dl To I]rcpLil',~. an/e[ld altd iI1Lt[[l[aill delineating agr[cuhLiral land>, land~ m [rom kk hich doxo]opmolll rigbtn have bccn acquired, a?'icLll[LlrZtJ lands m fi'om which development acquired alld SLIC[/ appropriate. To perfornl such other duties and I'uncfimls as ma.,,, fi'om time to time, be directed by the Town Board. The committee shall be authorized to incur such expen,,e~ in perl'omtar~ce ot its duties as shall bc appropriated tber¢l'or¢ by thc Town Board. 25~52. Prncess l'or Deternfining tile Am'icultural Structures Arcals~ on Lands ~Ltbject to De,. elopment Rights Easement. Recommendations. Prior to Toxin Board approval of the purchase of developn~ent r c, hts the Committee is authorized to recommend to ibc Town Am'icultura[ Ad'. isor¥ Committee and tile Tov, n Planning Board one or more portion{,~I of a properi5 proposed its an Agricultural Structures Areal,, Lin doing so, the Committee shall follow criteria adopted for that purpose by the Town B(~ard. The Aaricuharal Structures Areais~ shall be desimtated bv the Land Preservation Coordinator on a base map. The To~ n Am'icul~ural Advisory Colnmittee shall re,, Jew the Committee's recommendation and may issue an advisor,~ report to the Planuing Board. B~ Approvals. 1'he Planning Board shall review the recommendations front the Land Preservation Committee and the Town Agricultm'al Advisory Conmfittee, ami shall approve or disapprove the Land Preservation Comnfittee's recommeadation within l0 business days of receipt of the recommendation fronl the Land Preservation Cormnittee. fll the event the Planning Board disapproves, the Planning Board and the Land Preservation Committee shall meet in joint session to make a final determination. In such cases, action may be taken upon a majority vote of all Planning Board attd Land Preservation Committee members, subject to the quorum requirements of the Pllmning Board and Land Preservation Comnfittee. C. Survey..Agricultural Structure Area(s) approved pursuant to this Chal)tcr shall be shov. n on the final survey referenced in the graut of development rights easement. ~ 25-53. Proces', I'o[' Rcvicwin~ and Approving STI'UCLLn'CS on .~X~l'iCLIItnl'al Land~, SLLbiec! to Development Ri,.2'ht., Easement. The Co[nnfittce i,, authorized to rex ic~x applications and is~t]e approx als for the con,4rnc[iou of a~ricLlltnra[ slrncttn'e% as de(ined in thih ('haptcr, m ao_'o~'_d~_mc~c ,.,.'itl) thc tbllovcin,.2,; Application:, shall be referred to the I'own Am'icLd[ura[ ..\dvi,orv Comntiltee for its report and t'ccom[nendation ,.~ ilhin I-4- dav~,. Constrnction shall be approved oul,,' on that portion of the agricultural land within the ::~gricuhural Strnctures Areaks) a__s. defined in this Chapter. it one has been identified, except thai iL farm stand nlay bc located either in or outside an identified ~gricullt]ral Structures Area( s ). Lot coverage of am'icultural structures as defined in this Chapter shill[ be limited to 20 percent of the land subject to thc development rights easement. Certain improvements not reenlated b5 this Chapter. which may he installed on anx portion of agricultural lands, shall be excluded from lot-coverage calculations. These improvements include: all fences: plant- support structures ~uch as trellise>, wires and similar strucmtz'q: and hoop houses or high tunnels covered with pol¥ or simihn' material used to moderate ~rowing conditions of crops prox ided they are removed from the hind at some point in the cro~. (4) A farm stand, as defined in this Chapter, may be permitled. (5) A house trailer, used exclnsivelv lbr thc pnrpose of housing employees engaged in ngricultural production on the propert,~, may be permitted, subiect to the issuance of an annual pernfit ~ the Town Board pursuant to the provisions of Chapter 88. § 25-54. Variances and Appeals A. Variances. A request for a variance to approve the construction of structures outside the Am'icuhural Structures Area{ ~.1 or in excess of 20 percent lot coverage, or to appeal a denial by the Committee under § 25-53 shall be determined by the Zoning Board of Appeals. The Board shall hold a public hearing v.'ithm 30 days of receipt of a complete application, and ma,,, grant a variance upon consideration of the standm'ds for Area Variances set forth in §267-b. of New York State Town Law B~. Appeals. The remedy for any person aggrieved by a final t.i¢lCllllillalJOll of l[1¢ Committee or of thc Z,)tml~ Bc~ard of Appealn ,hal. lbc an Article 7."; proceeding. Such procecdin~ ,,hall be instituted wilhin 30 daw ~1' the I'ilin~ ,~1' Ibc d¢ci.don in the office ,ff the Ymk n Clerk. §2%55. Othcr &pprmals. A~2prox :il,, aulhorized b~, thi:, ('haptcr ,,hall he in addition to an) other, that may be required b,, the 'l'oxk n Codc. SECTION 3. SEVERABILITY. Should an5 part or provi,,ion oI thN Local Law be dccidcd by the courts to be uncon,uitu[kmal or invalid, such dcciqon qmll not affect the valMit5 of this Local La~,~ its a whole nor an) part thereof other than thc part decided to be unconhtitulional oi' invalid SECTION 4. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with/he Sccretary of State a~, pr(:vided hy laxx. All interested per,,om, will I-,e herod Iw thc Tov.'n Board itt the public hearing to be held as mentioned abo;e and may appear itl person or by reprcscntali,~e. Town Hall i', acce~,sible to handicapped persons. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRL~GE OFFICER RECORDS I~L~d~AGEMENT OFFICER FREEDOM OF [NFOR~L~TION OFFICER Town Halt, 53(195 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20, 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easement, Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sigm the duplicate of this letter and return to me at yoar earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments ~-'~uffolk County Department of Plarming t~qllage of Greenport ~.-qTown o f Riverhead ~.-~$outhold Town Plamfing Board ~.~.$omhold Town Assessors t/~Southold Town Building Department ~ong Island State Park Commission ~q~'oxxTn of Shelter Island ~.--'Town of Southampton ~outhold Town Trustees t./8outhold Town Board o f Appeals Sigmature, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ~L~,RRL~G E OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Bex 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.n orr h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 PLEASE T.~2E NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the kocal Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easemenk Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and retom to me at 3'our earliest convenience. Thank you. Elizabeth A. Neville //~ Clerk Attachments cc: Suffolk County Department of Planning '/ Long Island State Park Commission Village of Greenpon Town of Shelter Island Town of Riverhead To~x n of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Buildin~epanment ired By ' ,~ ' ~ DUPLICATE TO BE SIGNED AND ~TU~ED TO ~ ~ SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTP.,MR. OF VITAL STATISTICS M.Mq. RIAGE OFFICER RECORDS ~LM'qAGEMENT OFFICER FREEDOM OF INFOIhMATION OFFICEI~; Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (65;1) 765-6145 Telephone (631) 765-1800 sour holdtown.northfork.net OFFICE OF THE TOWN CLERK TO~VN OF SOUTHOLD IVlarch 29, 2004 T ................... ',~'~ efSouthold :,,'ill bom, aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local La~ is entitled, "A Local Law in relation to the Land Presen'ation Committee and approvals for structures on agricultural lands sub[eet to development rights easement~ Chapter 25 of the Town Code of the Town of Southold'. Copies of this resolution are enclosed. Please sign the duplicate of this letter and returu to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attaclmlents Suffolk County Depamnent of Planning Village of Greenport Toxxn of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Comtnission Town of Shelter Island Town of Southampton Southold Toxvn Trustees Southold Town Board of Appeals Signature. Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELITe, BETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS ML~RRL~G E OFFICER RECORDS I~LkNAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hrdl, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~631) 765-6145 Telephone 1631) 765-1800 sout holdtown.nort h fork.net OFFICE OF THE TOIVN CLERK TO%~N OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easemenh Chapter 25 of the Town Code of the Town of Southold'. Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cc; Suffolk County Department of Plam~ing Village of Grcenport Town of Riverhead Southold Town Planning Board Soathold Town Assessors Southold Town Building Department Long Island State Park Colnmission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signatu?e. Received By DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTR-&R OF VITAL STATISTICS I',LAR RL~.GE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, t'4e~ York 11971 Fax (631) 765-6145 Telephone 1631) 765-1800 sour holdtown.rtort hfork.net OFFICE OF THE TOWN CLER]~ ,~ Tow o souT.oLD March29.2004 [~ ~ . ,~ PL~AS~ TAE~ NOTIC~ Ibm ~hc Town Boacd of~hc Town of Somhold will hold a public hcarin~ on aforesaid Local Law on April ~0, 2004 a~ 8:10 p.m, fl~c Local Law is entitled, "A Local Law the Laud Preservation Committee and approvals for structures on a~ricultural lands subjcc~ devclopmcn~ r~hts easement, Chapter 25 of the Town Code of the Town of Somhold". Cop~cs of ~his resolution arc enclosed. Please sign the duplicate of this letter and return to nle at 5,our earliest convenience. Attachments Suffolk County Department of Planning Village o f Greenport Town of Rix erhead Southold Town Planning Board Southold Town Assessors Southold Town Building Depaltment Thank you. Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter [sland Town o f Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: . :.. :,5/(' ,'/ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTIL, kR OF VITAl. STATISTICS 5L~-RRIAGE OFFICER RECOF. DS NLMNAGEMENT OFFICER FB EEDOM OF INFOt~LhTION OFFICER Town H~I, 53095 Main Road P.O. Box 1179 Southold, Ne~v York 11971 Fax t631) 765-6145 Telephone t63ll 765-1800 sout holdto~ n.nort h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Marcb 29, 2004 PLEASF_ TAKE NOTICE that the Town Board of the Town of Soutbold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local Law is entitled. "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easemenh Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at 3,our earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cci Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Long Island State Park Conmfission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Soutl~.d~'own Building Department Signf, Received By f~PLICATE TO BE SIGNED ,AND ~.U~ED TO /-- SOUTHOLD TO~ N CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF 'vITAL STATISTICS MAR RL~GE OFFICER RlqCORDS 5L&NAGEMENT OFFICER FRI~; EDOM OF INFOI~d~KATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax t6~]l) ;'65-6145 Telephone i631) 765-1800 sout holdtov:n.n orthfork.net OFFICE OF THE TOWN CLERK TO~,VN OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:i0 p.m, the Local Law is entitled, "A Local [.aw in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject 1o development rights easement~ Chapter 25 of the Town Code of the Town of Sou~hold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachments cci Suflblk County Department of Planning Village of Greenport Town of Riverhead Soutbold Town Planning Board Southold Town Assessors Southold Town Building Departtnent Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Towo Board of Appeals Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF '~qTAL STATISTICS M~kRR IAG E OFFICER RECORDS I~LM~qAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax 1631) 765-6145 Telephone (6.3 l) 765-1800 sour holdtown.northfork.net OFFICE OF THE TOWN CLERK TO'WN OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that the Town Board of the lown of Souti~oid will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easemenh Chapter 25 of lhe To~vn Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk AttacNnents cc; Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Departmeot Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Sign~iture, Received By Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ~LIT~&BETH A. NEVILLE TOWN CLERK RE~ ;ISTRAR OF VITAL STATISTICS I~LARRIAGE OFFICER RE( ORDS MANAGEMENT OFFICER FREE DOM OF INFORMATION OFFICER Town Hall, 53~)95 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) ';'65-6145 Telephone (63 i) 765-1800 southoldtown nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that the Town Board of the Toxvn of Southold will hold a public hearing on the aforesaid Local Law on April 20, 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands sub[ecl to development rights easement~ Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attaclm~ents Suffolk County Department of Plalming Village of Greenport Town of Riverhead Southold Town Plamfing Board Southold Town Assessors Southold Town Building Dep,:trtment Long Island State Park Commission Town of Shelter Island Town of Sonthampton Southold Town Trustees Southold Town Board of Appeals Sim~atare, Received By;./ Date: DUPLICATE TO BE SIGNED AND RETURNED IO .... SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTP~,MR OF VITAL STATISTICS I~LARRL, kG E OFFICER RECORDS ~LM'JAGEMENT OFFICER FREEDOM OF INFORSL~.TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone 1631) 765-1800 sout holdtown.nort h fork.net OFFICE OF THE TOWN CLERK TO%VN OF SOUTHOLD March 29. 2004 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m. the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easemenh Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to hie at 5'our earliest convenience. Thank you. Attachments cc: Suffolk County Department of Planning Village o f GreenpotX Towu o f Riverhead Southold Town Planning Board Somhold Town Assessors S~i~i D :~ltment Siguature. Received By Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~?/2//~"~ (~/ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOV~'N CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTI~hR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 3.LANAGEMENT OFFICER FREEDOM OF INFORI~.La~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 PLEASE TAKE NOTICE that thc Town Board of the Town of SoutboId will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands sub,[eot to development rights easement, Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to hie at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attaclunents cc: Suffolk County Department of Planniug Village o f Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Souflmld Town Building Department LORg [slaRd State Park Comnfission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of AppeaIs Signature. R/eceived Bv / Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTR~&R OF VITAL STATISTICS I~L&RRIAGE OFFICER RECORDS ~LkNAGEMENT OFFICER FREEDOM OF INFOI~tATION OFFICER To~ n Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax i631) 765-6145 Telephone (6311 765-1800 sour holdtown.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Marcl~ 29. 2004 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a public hearing on tile aforesaid Local Law on April 20~ 2004 at 8:10 p.m, the Local Law is entitled, "A Local Law in relation to the Laud Preservation Committee and approvals for structures on agricultural lands subiect to development rights easement~ Chapter 25 of the Town Code of the Town of Southold". Copies of this resolution are enclosed. Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Elizabeth A. Neville Town Clerk Attachnleuts Suffolk County Department of Planning Village of Greenpon Town of Riverhead Southold Town Planning Board Southold Town Assessors S~uthold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~-'~ Si~mture~ Received By Date: '7'- I- d' ~'' DUPLICATE TO BE SIGNED AND RETURNED TO 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 southoldt own.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 Kenneth Grudens New York State Agriculture & Markets I Winners Circle Albany, New York 12235 Dacr Mr. Grudens: The Southold Town Board at their regular meeting held on March 23, 2004 adopted the following resolution: Resolution Number 281 - "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easements, Chapter 25 of the Code of the Town of Southold. A certified copy of this resolution is attached. Please prepare an official report defining the New York State Agriculture & Markets recommendations with regard to this proposed local law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Southotd Town Planmng Board, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Department & Committee Ibr their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.C,. Box 1179 Southold, New York 11971 F~tx (631) 765-6145 Telephone (631) 7654800 sout holdt¢,wn, nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meeting held on March 23, 2004 adopted the following resolutions: Resolution Numbers 259 & 281 "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easement, Chapter 25 of the Code of the Town of Southold. Certified copies of these resolutions are attached. Please prepare official reports defining the planmng Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Department & Committee for their review. Should you have any questions, please do not hesitate to contact me~ Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney 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 Southo]d, New York 11971 Fax (631) 765-6145 Telephone (631~ 765-1800 southoldto wt. north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 2004 Re: Rcso. #;s 259 & 281 regarding a proposed Local Law in relation to thc Land Preservation Committee and approvals for structures on agricultural lands subject to developments rights. Thomas Isles, Director of Planning Department of Planning County of Suftblk Post Office Box 6100 Dear Mr. Isles: Please prepare an official report defining your departments recommendations with regard to thc above referenced proposed local law and forward same to me at your earliest convenience. This proposed local law has also been sent to the Southold Town planmng Board, the New York State Agriculture & Markets, the Land Preservation Committee, and the Agricultural Advisory Committee for their review. I will send you their recommendation as soon as I receive it. Thc date and time for the public hearing is 8:10 PM April 20, 2004. Should you have any questions~ please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOR~L~TION OFFICER Tmvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone ,631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTII~( THAT THE FOLLOWING RESOLUTION NO. 281 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easement, Chapter 25 of the Town Code of the Town of Southold' to the Southold Town Plam~ing Board and the Suffolk Count3' Department of Planning, and New York State Department of Agriculture and Markets for their recormnendations and reports. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there was presented to the Town Bourd of the Town of Southold. Suffblk County, New York, on the 23rd da5' of March. 2004 a Local Law entitled ".st Local Law in relation to the Land Preservation Committee and approvals for structures on agricultural lands subject to development rights easement, Chapter 25 of the Town Code of the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Tovql Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m. at which time all interested persons will be giveu an opportunity to be heard. The proposed Local Law entitled reads as follows: "A Local Law in relation to tile Land Preservation Committee and approvals for structures on a~riculturaI lands subiect to development ri e;hts easement, Chapter 25 of the Town Code o f tile Town of Southold" LOCAL LA\V NO. of 2004 A LOCAL LAW AMENDING Chapter 25 (AGRICULTURAL LANDS) OF THE ]7OWN CODE OF THE TO¥~q'4 OF SOUTHOLD IN RELATION TO THE L. AND PRESERVATION COMMITTEE AND APPROVALS FOR STRUCTURES ON AGRICULTURAL LANDS SUBJECT TO DEVELOPMENT RIGHTS EASEMENT, CHAPTER 25 OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOX3,%,r BOARD OF THE TOX3,~q OF SOUTHOLD AS FOLLOWS: SECTION 1. PURPOSE. The Town Board recognizes tire continued importance of the Town's efforts to preset-ce and protect lands used for agricultural production. The purchase of development rights program, as set forth in Chapter 25, pt'oxides an important tool towards this goal. Certain aspects of the pro,am are clarified and further defined in this legislation. Th,: Town Board views the amendments as a necessary component to the continued success and efficient implementation of the Toxx n's goals. SECTION 2. CODE AMENDMENT. Chapter 25 of the Toxxn Code of the Town of Southold is amended as tblloxx s ( underlined material is added, stricken material is deleted): § 25-30. Definitions. As used in this chapter, the terms used herein are dc'fined as follows: AGRICULTURAL LANDS Lands used in bona tide agricuhural production, i.e., lands used in the production for sale of crops, livestock and livestock products, but not land or portions thereof used for processing of'such crops, livestock or livestock products. For purposes of this Chapter, agricultural lands are those from which development rit~hts have been acquired by the Town. These agricultural lands may include a~.~oricuhural structures as defined in this Chapter. AGRICULTURAL PRODUCTION - The production Ibr eo~ sale of crops, livestock and livestock products, bet ~qutI ........~ ......... AGRICULTURAL STRUCTURES Agricultural structures may be allowed on agricultural lands subject to the provisions of § 25-52 and 25-53. These structures include equipment storage buildim~s, greenhouses, livestock barns, driveways and any other structures used exclusively for agricultural purposes or which contribute to the production, preparation and marketint{ of crops, livestock and livestock Drodttcts for sale, as limited m this Chapter. Fences which require a buildint~ pemfit or other Town approval shall be considered agricultural structures. AGRICULTURAL STRUCTURES AREA- Portion(s} o( a~gricultural lands on which a~;ricultural structures may be approved according to § 25-52 and 25-53 of this chapter. ALIENATION The transfer or any' development right from the Town of Southold to another. COMMITTEE Thc Southold Town Land Preservation Committee. DEVELOPMENT RIGHT The permanent legal interest or right to prohibit or restrict the use of land tbr any pu,'pose other than agricultaral production. FARM STAND Any structure open to the weather on at least one side, used for tile sole purpose of retail sale of produce, plant stock or l_~roducts cooked, pressed or dried from produce grown on lhrming o~eratiot~s within the five East End towns. At least 80% of'the produce, 10lant stock or products nqust conic t'rom tile owner's or te:lant fatqller's own fart, ling operations. A fam~ stand shall not exceed_ 1,000 square feet in footprint area and shall not sell manufactured ploducts other than value- added products that co:~lplv with ti:is para,rapt!. Su:ch structure sha!l be one-story or less, roofed or have partial v, alls and floorint~ bt~t shall not be con-,pletei,, enclosed except when the busineso is closed. A lb.m~ stand si:ail not be insulated or mechanicall.y h~ated or cooled bv pemlan¢nt equipment. A truck bed or trailer on .vlleels, wkh an:as in excess 0£20 sAuare feet displaying produce, s~all be ,.onsidercd a thnn stand. S'[RUCT~JRE - An/.hing constrt~cted il,, on ot mquur lhc grotmd or attached to anytlling havi:~g a Ioc'tttop. on o~ under tl:e grow~d, including fences. g. .~ 25--51. Land Presea?Uon Committee. ~t-)~. Thc ¢7on-mittee shall ?onsist of seven (7) ~'nembers to be ,~ppoint ed bv ~nd ser,'e at *Lc ple:~sur¢ of the Toxvn Board The Crmirma,~ of the Commitlee sha,l I~e designated by thc I'o,vrt B,~ard. G3_B.: D;lties oftlte t_'or.-.mittee. l'o re,'ie'.~ al! matters ri:levant tc devcloan'_eqt rights and th< agrict:llural eco~or~: in general To recominend to the To,.,. II Board a:gricuitural lapds from v, hich t~le develoEmeut tights should be a_~quired bv the Town, ired. it ap_phcabl¢., to identif': un ~ric altural Structure_j; Areal s; _O_tkt_h_o__s& lan,as 'here structures may be constalCtet pursuant to 25-52. § 25-52(A) or'this Chapter. [3c] To serve as a review board for the granting of approvals pursuant to § 25-53 of this Chapter for the construction, rcconstruction of and additions of md to structures in or on agricultural lands m from which the development rights havc been acquired by the town. To promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the Committee, which rules and regulations shall not become efl'ective until approved by the Town Board. [5_el To prepare, amend and maintain appropriate maps delineating agricultural lands, lands m £rom x~ hich development rights have been acquired, agricultural lands ~ from which development rights are proposed to be acquired and such other infonnation as may be deemed appropriate. [6_1'] To perform such other duties and fimctions as may, from time to time. be directed by the Town Board. (b)12) The committee shall be authorized to incur such expenses in the performance of its duties as shall be appropriated tbere[bre by the To~n Board. Process for Detemfining the Agricultnral Structures Area(s) on Lands Subject to Development Rig`hts Easement. Recommendations. Prior to Town Board approval of the purchase of development rights, the Committee is authorized to recommend to the Town Agricultural Advisory Colnmittee and the Town Plmming Board one or more portion(s} of a property proposed as an Agricuhural Structures Area(s}. In doing, so, the Committee shall follow criteria adopted for that purpose bv the Town Board. The Agricultural Structures Area{ s) shall be desil~nated by the Land Preservation Coordinator on a base map. The Town Agricultural Advisory Committee shall review the Comnlittee's recolnmendat~oo and may issue an advisory report to the Planning, Board. Appro,,als. The Plannin~o Board shall rcview the recommendations from the Land Preservation Colnmittee and the Town Auricultural Advisory Committee, and shall approve or disapprove the Land II Preservation Committee's recommendation within 10 bttsiness days of receipt of the recommendation fi'om the Land Presen ation Committee. In the event the Plannina Board disapproves, the Plannin~ Board and the [.and Preservation Committee shall meet in joint session to make a final determination. In such cases, action may be taken upon a majority vote of all Plamfing Board and Land Preservation Committee members, subiect to the quorum requirements of the Planninfi; Board and Land Preservation Committee. Survey. Am'icuhural Structnre Area(s} approved pursuant to this Chapter shall be shown on the final survey referenced in the ~ant of development rights easement. 25-53. Process for Reviewint~ and Approving Structures on Agricuhural Lands Subject to Dexelopment Rights Easement. The Committee is authorized to review applications and issue approvals for the construction of auricultural structures as defined in this Chapter, in accordance with tile followint~: ._Applications shall be referred to the Town Agricultural Ad,, isorv Committee lbr its report and recommendation within ten ( 10} business days. Construction shall be approved only on that portion of the a,oricuhural land within the A~ricultural Structures Area(s} as defined in this Chapter, if one has been iden_tified, except that a faint stand lrray be located either in or outside an identified Agricultural Structures Area(s}. Lot coverage of agricultural structures as defined itt this _Chapter shall be limited to 20 percent of the land subiect to the development tights easenrent. Certain iml?rovements not regulated by this Chapter, which ma,; be installed on ao¥ portion of av, ricultural lands, shall be excluded from Iot-covera~oe calculations. These improvements include: all fences; plant-suppotx structures such as trellises=`.~ ires and similar structures; and hoop houses or high tunnels covered with polv or similar material used to moderate growing conditions of crops provided they are removed t?om tile land at some point in the crop ,,,ear. farm stand, as defined in this Chapter, may_[Lc permitted. (5) A house trailer, used exclusively for the purpose of housing ' e~nplovees en~a~ed in a~oricultural production on the property, may be permitted, subject to the issuance of an annual pemfit by the Toxxn Board pursuant to the provisions of Chapter 88. § 25-54. Variances and Appeals Variances. A request for a variance to approve the construction of structures outside the Agricultural Structures Areal s} or in excess of 20 percent lot coverage, or to appeal a denial bv the Committee under § 25-53 shall be determined by the Zoning Board of Appeals. The Board shall hold a public hearing within 30 days of receipt of a complete application, and may grant a variance upon consideration of the standards for Area Variances set forth in ,}267-b. of New York State Town Law Appeals. The remedy for any person aggrieved by a final detemfination of the Zonin~ Board of Appeals shall be an Article 78 proceeding. Such proceeding shall be instituted within 30 days of the filin~ of the decision in the office of the Town Clerk. ~_25-55. Other Approvals. .Spprox als authorized by this Chapter shall be in addition to any others that ma,; be required by the Town Code. SECTION 3. SEVERABILITY. Should an3' pall or provision of this Local Law be decided by the corn"ts to be unconstitutional or invalid, sach decision shall not affect the validity of this Local Law as a whole nor att>' [,art thereof other than the part decided to be unconstitutional or invalid. SECTION 4. EI:FECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: March 23. 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabelh Neville Town Clerk PLEASE PUBL[SIt ON APRIL IT 2004~ AND FORWARD ONE ( 1 ) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOX,~'N HALL, PO BOXI179, SOUTHOLD, NY 11971. Copies to the tbllowing: Suffolk Times Planning Town Board Members Town Clerk's Bulletio Board Building Zoning Board of Appeals Town Attorney STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dui.,,' sworn, says that on the e~ q day of }'~'~ O-~.~.k._ ,2004. she affixed a notice of which the annexed printed notice is a true cop3,, in a proper and substantial manner, in a most public place in the Town ofSouthold. Suflblk Count.,,'. New York, to wit: Toxin Clerk's Bulletin Boar& 53095 Main Road. Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: April 20, 2004,~8kl0 p.m. Southold Town Clerk Sworn belbre me this day o f [-rq o..,--~U ,2004. Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New Yo~k No. 01 BO6020932 Oualified in Suffolk Count~ Term Expires Mamh 8, 20~'7 ELIZABETH A. NEVILLE TOWN CLERK REGISTI~LMq OF VITAL STATISTICS MARRLA. G E OFFICER RECORDS 5LMNAGEMENT OFFICER FREEDOM OF INFORS, La. TION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O- Box 1[79 Southold, New York 11971 Fax (631) 765-6145 Telepho ne 163 [) 765-1800 southoldto~ n. nort block.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 259 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2004: WHEREAS, there was presented to thc Town Board of the Town of Southold, Suftblk County, New York, on the -,3 day ot March, 2004 a Local Law entitled "A Local Law in relatina to the Land Preservation Committee and approvals for structures on agricultural lands subiect to development rights easement~ Chapter 25 of the Town Code of the Town of Southold' and WHEREAS the Town Board of thc Town of Southold wiII hold a public hearing on the aforesaid Local Law on April 20~ 2004 at 8:10 p.m. at which time all interested persons will be given an opportimitv to be heard. Thc proposed Local Law entitled reads as lbllows: "A Local Law in relation to the Land Prese~'ation Committee and approvals tbr structures on a~ricultural lands subject to dex elopment rights easemeot. Chapter 25 of the Town Code of the Town of Southold" LOCAL LAW NO. of 2004 A LOCAL LAW AMENDING Chapter 25 (AGRICULTUILAL LANDS) OF THE TO'qvW CODE OF THE TOWN OF SOUTHOLD IN RELATION TO THE LAND PRESERVAT[ON COMMITTEE AND APPROVALS FOR STRUCTURES ON AGRICULTURAL LANDS SUBJECT TO DEVELOPMENT RIGHTS EASEMENT. CHAPTER 25 OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. PURPOSE. Tile fown Board reco=mlizes tile contimmd importance of the Town's efforts to preserve and protect lands used for agricultural production. The purchase of development rights program, as set tbrth in Chapter 25, provides an important tool towards this goal. Certain aspects of the program are clarified and fresher defined m this legislation. The Town Board views tile amendments as a necessary component to the continued success and efficient implementation of the Town's goals. SECTION 2. CODE AMENDMENT. Chapter 25 of the Town Code of the Town of Southold is amended as follows (underlined material is added, stricken material is deleted): ~ _3-o0. Definitions. As used itl this chapter, the temps used herein are defined as [bllo~x s: AGRICULTURAL LANDS Lands used in bona fide agricultural production, i.e., lands used in the production for sale of crops, livestock and livestock products, but not land or portions thereof used for processing of such crops, livestock or livestock products. For purposes of this Chapter, agricultural lands are those from which development rights have been acquired bv the Fown. These a~ricultural lands may include agricultural structures as defined itl this Chapter. AGRICUkTURAL PRODUCTION The production lbr puq~cse,; sale of crops, livestock and livestock products ................ AGRICULTUR_'~L STRUCTURES Agricultural structures ma~_be allowed on am'icultural lands subiect to the provisions of § 25-52 and ~ 25--53. These structures include equipment storaqe buildings, greenhouses, livestock barns, drivewa,;s and any other structures used exclusively for agricultural purposes or which contribute to tile production, preparation and market~n~ of crops, livestock and livestock products for sale, as limited in this Chapter. Fences which require a building, pennit or other Town approval shall be considered agricultural structures. AGRICULTURAL STRUCTURES AREA- Portionts} of agricultural lands on whickt agricultural structures may be approx ed according to { 25-52 and 25-53 of this ALIENATION The transfer or any' development right from the Town of Southold to another. COMMITTEE - The Southold Town Land Preservation Committee. DEVELOPMENT RIGHT The permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. FARM STAND Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce, plant stock or products cooked, pressed or dried from produce grown on famfin~ operations vdthin the five East End towns. At least 80% of the produce, plant stock or products must come from the owner's or tenant fanner's own farming operations. A fann stand shall not exceed 1,000 square lbet in footprint area and shall not sell manufactured products other than value-added products that comply with this para~ra.p&h. Soeh structure shall be one-story or less, roofed or have partial walls and flooring but shall not be completely enclosed except when the business is closed. A farm stand shall no~I be insulated or mechanically heated or cooled by pemmnent equipment. A truck bed or trailer on wheels, with areas in excess of 20 sq~re feet displaying produce, shall be considered a farm stand. STRUCTURE Anything constructed in, on or under the ground or attached to anything having a location, on or under tile ground, including fbnces. C. § 25-5 l. Land Preservation Committee. (-MA. The Committee shall consist of seven (7) nlembers to be appointed t)3' qnd serve at the pleasure of the Town Board. Tile Chaimmn of the Committee shall be desigmated by the Town Board. Duties of the Committee. ha) (1~. Tile Committee shall perlbrm the following Duties: [4-] .v ............. a ~ ,,,~ ~ ..... o~ .~.., ...... ' '"""" in [ga] To review all matters relevant to development rights and the agricultural economy in general. [b_] To recommend to tile Town Board am'icultural lands fi'om which the development rights should be acquired by the Town, and, if'applicable, to identify an AeMcultural Structures Area(s) on those lands where structures may be constructed pursuant to § 25-52t A) of this Chapt% [3~1 To serve as a review board for the granting of approvals pursuant to § 25-53 of this Chapter for tile constrtiction, reconstruction of and additioos of and to structures in or on agricultural lands ~ from which the development rights bare been acquired by the town. 'Fo promulgate such rules and regulations as may be d. eemed necessary to govern the administration, procedures and duties of the Committee, wbich niles and regulatiorts shall not become effective untiI approved by the Town Board. [$~] To prepare, amend and maintain appropriate maps delineating agricultural lands, Iands ha from which development rights have been acquired, agricuhural lands m from which development rights are proposed to be acquired and such other infomlation as may be deemed appropriate. [6_fi To perfom~ such other duties and functions as may, fronl time to time. be directed by the Town Board. 0)(2) Tile committee shall be authorized to incur such expenses in tile perfomlance of its duties as shall be appropriated tberefi~re by tbe Town Board. § 25-52. Process for Determinin~ the At[ricultul'al Structures Area(s) on l_ands Subject to Development Rights Easement. Recolmnendations. Prior to To;vn Board approval of the purchase of development rN;hts, the Committee is authorized to recommeod to the Towo AglScultural Advisor,? Committee and the Town Plmming Board one or more portion{s) ora property proposed as an Agricultural Structures Area(s}.. In doing so, the Committee shall follow criteria adopted for that purpose_by the Town Board. The A~oricultural Structures Area(s) shall be designated by the Land Preservation Coordinator on a base map. The Town A~icultnral Advisory Committee shall review tile Committee's recommendation and may issue ao advisory report to the Planning Board. B~ Approvals. The Planniog Board shall review tile recommendations from the Land Preservation Committee and the Town Agricultural Advisory Committee, and shall approve or disapprove the Land Presen'ation Committee's recommendation within 10 business days of receipt of the recomnlendation from tile Land Preservation Committee. In the ex e~t the Planning Board disapproves, the Plannin~ Board and the Land Preserx ation Committee shall meet in joint session to make a final determination. In such cases, action may be taken upon a maiority vote of all Plannin~ Board and Land Preservation Committee members, subiect to the quorum requirements of the Planning Board and Land Preservation Committee. C. Survey. Agricultural Structure Area(s) approved pursuant to this C'hat)ter shall be shown on the final survey referenced in the grant of development rights easement. § 25-53. Process for Reviexving and Approx lng Structures on Agricultural Lands Subject to Development Rights Easement. The Committee is authorized to review applications and issue approvals tbr the construction of agricuhural structures as defined in this Chapter, in accordance with the following: Applications shall be referred to the Town Agr/cultural Advisory Committee for its report and recommendation within ten LB)_) business days. Construction shall be approved only on that portion of the agricuhural land within the Agricultural Structures Area(s)~s defined in this Chapter, if one has been identified, except that a fam~ stand may be located either in or outside an identified Agricultural Structures Area(s). Lot coverage of agricultural structures as defined in this Chapter shall be limited to 20 percent of the land subject to the development rights easement. Certain improvements not regnlated by this Chapter, which may be installed on any portion of agricultural lands, shall be excluded from lot-coverage calculations. These improvements include: all fences; p_Ian_t: support structures snch as trellises, :,,'ires and similar structuresi and hoop houses or high tunnels covered with poly or similar material used to moderate growing conditions of crops provided they are removed fi'om the land at some point in the crop~e_ar. (44 A farm stand, as defined in this Chapter, may be pemlitted. (5) A house trailer, used exclusively for the purpose of housing employees engaged in agricultural production on the properW, may be permitted, subject to tile issuance of an mmual permit bv the Town Board pursuant to the provisions of Chapter 88. § 25-54. Variances and Appeals A. Variances. A request for a variaoce to approve the construction of structures outside the Agricultural Structures Area(s_) or in excess of 20 percent lot coverage, or to appeal a denial b,/the Committee under § 25-53 shall be detem~ined by the Zonin~ Board of Appeals. ']-he Board shall hold a public hearine; within 30 da,/s of receipt of a complete application, and may' grant a variance upon consideration of the standards for Area Vari.~nces set forth in §267-b. of New York State To`.`. n Law B~ ,Appeals. Tile remedy' for any' person a~rieved bv a final determination of the Zoning Board of Appeals shall be an Article 78 proceeding. Such proceeding shall be instituted within 30 da,/s of the filing of the decision in the office of the Town Clerk. §25-55. Other Approvals. Approvals authorized bv this Chapter shall be in addition to any others that ma,,' be required b,/tile Town Code. SECTION 3. SEVEIL4.BILITY. Should an.,,' pat~L or provision of this Local Lax,.' be decided by the coarts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part decided to be uuconstitutional or invalid. SECTION 4. EFFECTIVE DATE. This Local Law shall take effect immediately tlpon filing with tile Secretary' of State as prox ided b~' law. Elizabeth A. Neville Southold Town Clerk