HomeMy WebLinkAbout05/16/2018 "Town. of Southold
Agricultural Advisory Committee Meeting
Minutes of May .1.6, 2018
Opening:
The regular meeting of the Agricultural Advisory Committee was called to order at 7:08 prn on May 16,
2018, 2018 in Southold Town Hall conference room.
Present:
Members Present Members absent Guests
Chris Baiz John P. Sepenoski Ed Dart
Douglas Cooper Louis Caracciolo Karl Novak
Jim Glover Mark Van Bourgondien Katie Sepenoski
Karen Rivara Adam Suprenant
John B.Sepenoski Sr. Supervisor, Scott Russell
Tom Stevenson
Councilman Bill Ruland
Approval of Minutes:
Agenda distributed and approval of May 2, 2018 minutes was tabled.
Ongoing Business:
Scott Russell addressed the committee noting that the To Board Work Session made changes to
Chapter 280, Agricultural Advisory Committee which are noted on the 3/11/2018 draft(attached).
The Land Preservation Committee reviewed the proposed revised May 7, 2018 codification for the
Agricultural Advisory Committee with no changes being made (attached).
Special Events discussed. Current application allows 6 special events per permit, per applicant. If
To services are required, the To Board has to approve the event. Examination of ZBA
approved past special events resulted in 60 permits being issued. Majority of events are from repeat
venues, ELIH fundraising,Northwell Health, and Oyster night/Greenport Harbor were given
examples. Based on Town Police review, events with no cost to the To do not require a deposit.
Review of proposed Amendments to local law chapter 205 outlined in letter of March 27, 2018
(attached). Certificate of insurance naming the To of Southold is now$2,000,000.00 per
occurrence. The application fee is set at$150.00 for up to 6 special events. The Town
Organizational Meeting in the beginning of each year sets this fee. Review of Southampton Town
Code Chapter 283 (attached)regarding Special Events. The issue of private vs. public events as
well as fines for non-compliance needs to be addressed. Deposits for Special events can be paid by
credit card at the To Clerk but refunds need approval from the To Board. Timeliness of
Special event application review discussed with 60 days prior to the event being optimal for
applications in order to complete the review and permit process.
7/11/2018 2:16 PM
"Town. of Southotcl
Agric,ulLural. Advisory tom mitteeMeeting
Minutes of May 1.6, 20.1.8
Discussion about Special Events Committee decisions regarding application approvals, denials, and
requests for additional information and additional permit fees by the Committee. Properties having
Site Plans from the Planning Board primarily for parking issues discussed and existing "Event
Plan" language. Introduction of a cut-off date for Special Event applications and appeals. Special
Event applications will go to the To Clerk for payment processing, Special Events Committee
for review and permit process, with the To Board maintaining final approval.
Old Business/Review:
Committee reviewed Proposed Agricultural Advisory Committee Codification with Revisions from
Code Committee Meeting. (See attached, May 15, 2018 revisions from May 8, 2018 To Board
Work Session). No changes were offered.
The open space component of every sub-division is preserved with the premise that someday it may
be farmed. The Committee agreed to review easements history, and report findings to the Town
Board. The Agricultural Advisory Committee would like to have an informal meeting with the
Land Preservation Committee regarding concerns about how easements are administered with the
goal being to bring the To some form of standardized easement language.
The Committee also proposed that all prospective landowners be given the opportunity to sit with
the Agricultural Advisory Committee and discuss the pros and cons of selling development rights.
The inherent conflict in Chapter 70 code language was reviewed; the AAC states that the language
eliminates the Land Preservation Committee (LPC) from review of agricultural structures. This
practice should be ceased as the LPC has no expertise in Agriculture or Agricultural Buildings and
this practice reaches beyond the code. The LPC is regulating structures, which is in conflict with the
definition of Agricultural production which includes agricultural structures. There may be a need
for change which is why AAC would like to informally discuss this with the LPC.
Note: Review of above paragraph at 8/22/18 Committee meeting. The AAC will confer with the
To Attorney regarding the interpretation of the conflict in Chapter 70.
Discussion of 280-13, Use Regulations, A. Permitted Uses (attached).
BONA FIDE FARM OPERATIONS, BONA FIDE AQUACULTURE/MARICULTURE FARM
OPERATIONS and use of an On-Farrn Direct Marketing Building, a Farm Stand, or part of a
building for such uses as code used to prevent owners from simply setting up a farm stand. There
are 32 active farm stands, 5 considered large, that pre-date this code date of 2007.
7/11/2018 2:16 PM
Town of Southold
Agricultural Advisory Committee Meeting
.Minutes ofmay 16, 201.8
Consideration was given to repercussions for code violations, the viability of 3`d Party certification
for farm stands perhaps stating "Certified Locally Grown", and anonymous complaints made to
Code Enforcement or the Building Department that have resulted in false allegations against the
farmer and what can be done to limit exposure to false allegations.
New Business:
Louis Caracciolo has resigned this committee.
Codification is ready to be adopted.
Food Trucks are not permitted in Southold Town and are not addressed in the Town code. Scott intends to
address this informally with Food Truck owners. Most of these are components of local restaurants.
Violations have been issued to wineries that have used Food Trucks. Wineries are allowed certain food items
which are clearly identified. Discussion as to how Food Trucks may be permitted as they are sometimes a
stepping stone to a new business owner looking to progress to a brick and mortar business.
Oysterponds creek in Orient has been closed by the DEC May I to November I". The DEC completed 3
water tests and made the determination. There should be 20 tests done before closure of waters. Efforts were
made to allow for more testing and procure another Lab for testing. This was met with DEC resistance and
creeks were closed.
Codification and Special Events were approved by this committee with any changes in the new draft on
Tuesday May 22. The To Board will notice the codification of the Agriculture Advisory committee and
the Special Events on the May 22,d meeting and set a date for public hearing.
Permitted Uses will be discussed at the next meeting which will be on Wednesday June 6,2018,
Adjournment:
Meeting adjourned 9:27 pm.
Minutes respectfully submitted by: Cheryl Kaswell
7/11/2018 2:16 PM
I)RAF'F 011 l...y- , / �� ��m��.. � .� .. ,, 1. 1, -/ I " I1/48� 01 (-)/4
m/ / �. .. 1. . iii, 03/11/2018
TOWN OF SOUTHOLD
Local Law #/2018
Chapter 280
AGRICULTURAL ADVISOY COMM ITTF
Purpose and Legislative Intent:
The purpose of this Chapter to the Town of Southold and its Code is to:
A. Recognize the importance of agriculture and its industry as both a vital economic driver
to the local economy and a mode of land use which provides the Town of Southold with
both its rural and rustic character.
K Promulgate legislatioh for the Town Code as needed to enhance the economic viability
for the long-term of agriculture in the Town of Southold,for Town oar 's approval.
C. Assure the continuation of advancingthe economic viability and sustainability, of the
Town's agricultural industry.
D. Provide for the most opportune relationship with respect to the use of lands, buildings,
and agricultural practices, now and in the future, and to further encourage the wise use
and management of the natural resources within the Town.
Provide the Town Board, Planning Board, Land Preservation Department, Building
Department, Zoning Board of Appeals, and other relevant departments and committees
of local government with recommendations from the Town's agricultural industries on
the short and long term impacts to the Town's agricultural industries on matters and
quti ins coicler ! y these decision making groups.
Fo rhe Agricultural Advisory Committee, Its Membership, and Terms of icer
A. The Committee shall be composed of nine members, appointed by the Town Board, who
are residents and active owners/operators of bona fide agricultural "farm operations"
within the Town of Southold, including representatives from row crop, aquaculture
mriclture, animal farming, greenhouses, nurseries, vineyards, and other segments
based on acreage in use and/or dollar value of sales of farm products.
B. People appointed to the Committee shall serve for a three-year term of three classes of
three people each. The initial Committee formation shall have three staggered classes:
one, two, and three years. The Committee members will recommend a Chairperson to
the Town Board, annually. A member of the Town Board shall serve ex officio, as liaison
between the Town Board and the Agricultural Advisory Committee.
b 4
ORA=..1.. n.. f 6/ 4 ,7,w µ /' �� / I/i Nc �/� ��� : 01.1241-18, 01-P3.0/1
TOWN OF SOUTHOLD
Local Law##/2018
Chapter 280
AGRICULTURAL ADVISORY COMMITTEE
Purpose and Legislative Intent:
The purpose of this Chapter to the Town of Southold and its Code is to:
A. Recognize the importance of agriculture and its industry as both a vital economic driver
to the local economy and a mode of land use which provides the Town of Southold with
both its rural and rustic character.
" UB IPromulgate legislation for the Town Code as needed to enhance the economic viability
for the long-term of agriculture in the Town of Southold, for Town Board's approval.
C. Assure the continuation of advancing the economic viability and sustainability, of the
Town's agricultural industry.
D. Provide for the most opportune relationship with respect to the use of lands, buildings,
and agricultural practices, now and in the future, and to further encourage the wise use
Or and management of the natural resources within the Town.
E. Provide the Town Board, Planning Board, Land Preservation Department, Building
Department, Zoning Board of Appeals, and other relevant departments and committees
of local government with recommendations from the Town's agricultural industries on
the short and long term impacts to the Town's agricultural industries on matters and
I�ueSti r .o��rtl re by these decision making groups.
For r a�r ara �°� � Arrrr.ultt,iral Advisor Committee Its Membership, and Terms of Office:
� t� Y p
A. The Committee shall be composed of nine members, appointed by the Town Board, who
are residents and active owners/operators of bona fide agricultural "farm operations"
within the Town of Southold, including representatives from row crop, aquaculture &
mariculture, animal farming, greenhouses, nurseries, vineyards, and other segments
based on acreage in use and/or dollar value of sales of farm products.
B. People appointed to the Committee shall serve for a three-year term of three classes of
three people each. The initial Committee formation shall have three staggered classes:
one, two, and three years. The Committee members will recommend a Chairperson to
the Town Board, annually. A member of the Town Board shall serve ex officio, as liaison
between the Town Board and the Agricultural Advisory Committee.
4
Vt, �'�• Ing-'
C. Each year shall begin on .lanuary I, and conckide on December 31.
�D. Committee members will serve without compensation.
E. Attendance at not less than Ihalf of each statutoii,y year's meetings is o,nandatoiry to av6d
potential 44,mal disrn"i"ssa'I from the Committee by a simple majority of the meMbers.
F. The Committee shall meet for Regular Meetings at least one time per month.
Duties:
The Agricultural Advisory Committee shall have referred to it any of the following for:
A. Review and report recommendations to the Town Board regarding preservation of
farmlands and proposed agricultural easements, prior to contract signing and closing
documentation.
B. Review and Report Committee's recommendations to the Town Board and the Planning
Board as to changes in policy and rules, including but not limited to proposing revisions
to the Town Code of the Town of Southold, which revisions will enhance, but not detract
from, the economic viability of the agricultural industries in the Town of Southold.
C. Review and Report to the Town Board, Planning Board, and other relevant boards and
departments on any and all Agriculture related site plan applications and subdivisions in
the AC, R-400, R-200, R-120, R-80, and R-40 zones as agriculture is permitted in those
zones, or land currently or formerly used in agriculture elsewhere.
D. Review and Report recommendations to the Town Board and the Land Preservation
Department regarding the Town's farmland preservation;program and the purchase of
development rights with CPF, Town, County, State, and/or Federal sourced funds.
E. Review and Report to the Town Board on all proposed zoning changes in Town as they
may impact the Town's agricultural lands and industries.
F. Review local, county, state, and federal legislation raising issues affecting the agricultural
industry, especially impacting the Town, and repqrt to the Town Board and other
appropriate boards, committees, or departments.
G. Review and Report on all applications to erect structures on farmlands which lands'
development rights have previously been transferred to the Town or/and County to the
Town Board as to the suitability and necessity for agricultural "farm operations".
H. Provide at a minimum a communications channel between the agricultural industries and
the Town Board with at least one report annually,otherwise more frequently as required.
I. Other Statutory Obligations, e.g. Bona Fide Operator's Farm Stand Permit (280-13
proposed), etc.
PROPOSED CODIFICATION OF AG ADVISORY COMMITTEE WITH REVISIONS FROM CODE
COMMITTEE MEETING
Prior Ag Committee Revisions revisions: 6/62017, 6/7/2017, 11/21/2017. 1/12/2018,
1/30.2018, 2/7/2018, 2/10/2018, 3/29/2018
Last revised May 7, 2018 (TA Office)
TOWN OF SOUTHOLD
Local Law #/2018
Chapter XX. AGRICULTURAL ADVISORY COMMITTEE
§ XXX-XX. Purpose
The purpose of this Agricultural Advisory Committee is to:
A. Recognize the importance of agriculture and its industry as both a vital economic driver
to the local economy and a mode of land use which provides the Town of Southold with
both its rural and rustic character.
B. Assure the continued viability of farming as an industry which is important to the local
economy.
C. Provide for the most beneficial between the use of lands, buildings, and agricultural
practices and to further encourage the wise use and management of the natural
resources within the Town.
D. Provide the Town Board, Planning Board, Zoning Board of Appeals, and other relevant
Town boards and committees with a conduit for recommendations from the Town's
agricultural industries on the short and long term impacts of a variety matters and
questions considered by these groups.
§XXX-XX Definitions
As used in this Chapter, the terms used herein are defined as follows.
AGRIM..ruRAL ZONING DISMICTS
The Agdcuftural Conservaflon (A C) zoning dstrid: and any resdeintiai zonong cfistricts Mthin the
'rown Of Sr: (Atha. 41 wNch agricuRure is an aflowed use.
COMMITTEE
The Southold Town Agricultural Advisory Committee.
§XXX-XX. Composition; membership, terms of office; removal.
"NV A. The Committee shalc
omposed of nine, mem[wrs appointed by the Fawn
4 be 5
Board, who are residents and actiw', owners/operators of bona fide agricultural "farni
operations" within the Town of Southold.
The Town Board shall appoint one of its members to as Chair of the Committee.
\J C. The members appointed to the Committee shall serve for a four-year term. Upon initial
formation, two members shall serve for a one-year term, two members for a two-year term and
all others for a three-year term. Each year thereafter; reappointments or new appointments will
be for four-year terms.
D. Appointments shall be from January 1, through December 31.
E. Committee members shall serve without compensation.
Any member who fails to attend at least half of the meetings of the Committee in a
given cl,alenclar year shall bes jbject to removal from the Committee by a majority vote of the
Corm "A,nittee. 10" - 1'6' Vv- L'�wL Iry 10
§ XXX-XX. Powers and Duties:
The Agricultural Advisory Committee shall:
A. The proposed acquisition of development rights shall be referred to the Committee for
review. The Committee shall have 45 days to provide recommendations to the Town
Board.
te
Review s recUffirrmt,iAitions to the Town Board and the Planning
Boar'd �,_' to changes in policy and rules, includin "1 0
9 G�Viioj limited to proposing revisions
(e, but not detract
to the Town Code of the Town of Southold, which revisions will eff 1�,')Tti
from, the economic viability of the agricultural industries in the Town of So6lfiold,
C. Review agricuRure-related site plan applications and subdivisions.
(1) Any site plan that is related to agricultural activities .shall be referred to the
Agricultural Advisory Committee for review.
(2) Any proposed subdivision of land located in an agricultural zoning district or
land currently used for agriculture shall be referred to the Agricultural
Advisory Committee for review.
(3)The Committee shall present advice relating to the desirability of such
proposed use or subdivision, including advice as to the nature of farming
and farm resources within any proposed or established area. The
Agricultural Advisory Committee shall have 45 days to respond with a
recommendation(s) for the proposed action. The recommendation(s)
shall be advisory only.
D. Review proposed zoning changes in agricultural zoning districts.
(1) Whenever a proposed zoning, policy change or development
(residential, business or industrial) affecting Town agricultural
zoning districts is presented to the Town Board within or
contiguous to a county agricultural district or Town agricultural
zones, it shall be referred to the Agricultural Advisory Committee
for review. The Agricultural Advisory Committee shall have 45
days to respond with a recommendations) for the action(s).
(2)The Committee shall present advice relating to the desirability of such
action, including advice as to the nature of farming and farm
resources within any proposed or established area. This
recommendations) shall include a determination as to whether
the proposed action(s) will have an unreasonable adverse effect
on the continuing viability of a farm enterprise or enterprises
within the county or Town agricultural districts. This
recommendation(s) shall be advisory only.
E. Review local, county, state, and federal legislation affecting the agricultural industry and
report their effect to the Town Board.
F. Serve as a vehicle for communication between the agricultural community and the Town Board.
G C I per'ICO rrI 5m. h :vtIw� dii.atl'ia��s and hmrrc horns as r.nIa", � Irm:xn Iiaw Imp hms' be dke,ry ee !I b,lj� the ImA,t n
Boa
K Meet as determned necessary by a majority of the Committee members, but no Ves.s than once
a month.,
0. Submit to the down Board an annuaU surnmary of the activities of the Agric uku rag Advisory
Committee.
Mr. Scott Russell,Supervisor& March 27, 2018
Members of the Town Board, Town of Southold
Town Hall, 53095 Main Road
Southold, New York 11971
Re: Proposed Amendments to Local Law Chapter 205
_.� . _.., µ, _ _R CATI NS SUB I I CtiN
1. tCHANGEfi �I_IC IWI=t�i� PPLI
, A._
For simplicity, in regard to the proposed amendments to Chapter 205, it is suggested that the only
change necessary is that of changing the office of submission of an application from the Chairperson of
the Zoning Board of Appeals to that of the Special Event Committee. Further, and consistent with the
law as presently written,the Town Board need only approve large public events of say 500,or 1,000,
people or more, rather than every single event application, as presently proposed.
2. MULTIPLE LE VSINGLE EVENT APPLICATIONS AND13PROV L BY RFSOLUTIONS
As there are more than 400 applications for one or more events received annually for"Special Events"
by the Office of the Chairperson of the Zoning Board of Appeals,the proposed amendments of singly
filing one application for each event, instead of multiple events of a similar nature,would increase the
number of applications received to somewhere between 800 and 1,000.And then to require the Town
Board, by resolution, to approve or reject each one of these applications, would more than double the
number of resolutions the Town Board votes on in a year's worth of resolutions. Is this really an efficient
use of the Town Board's time?Does this help all the rest of those trying to advance an economy of the
Town that would better help and allow its citizens, especially the younger ones,to support themselves
and their families?At its March 22 meeting, the Agricultural Advisory Committee discussed ways of
streamlining the"Special Events" permitting process to reduce the paperwork burden on both the Town
and applicants, including multiple event dates applications.The Committee stands ready to be included
in the process to streamline the permit applications and procedure through Code Committee and other
administrative and executive meetings to bring understanding of integrating code with daily practice.
_., . .... e. . V;� '�,IK I �:�I�ki � i q�w���".� i�iff"),� �.I1APTl K,,0m�k
3. n n" B il�"�&�� LI N"1°4� "��i[, i�i IN
Further, the Agricultural Advisory Committee recommends that under the definition of"Special Event"
that the letter"J" be added to read "Private events by invitation only, such as weddings,wakes,
baptisms,c unions,bar mitzvahs,etc.and are of a venue's repetitive activity, indoor or outdoor, are
exempt from the provisions of Chapter 205 presentlys may be amended."
4. iNiIINI iiIIQI..N ;1. 1 �„ I II NiNi .. l, f i.� 1
The Agricultural Advisory Committeerecommends site l from lning Board for car parking
farmson required, rat r by law allow , 1 ,or 20 cars per unrestricted acre of the parcel in
question.Agriculture in its entirety is the oneI use of Town lands. Planningis only
development focused.Agricultureis the opposite of developmentI ni .
There are, at last count,419 agricultural parcels by tax map numbers in the Town of Southold.Possibly
3 Planning site I ill there be a consistent li site Ian
process developedavailable r 389 agricultural parcels?Can the Planning
Department Ie such a load? Will the approval interval of timer stwo ,30
days,90 days, r 365 days.The need for supplemental ` Ir I related r is critical int i
highest-cost-to-farm rein a l i eU.S.These agricultural operations
supplemental r In r r to achieve, IIzero-sumi
maintain acres of farmlandin the Town of Southoldis is difficult to achieveII),rather than force
these agricultural r Into ! developments.
S. ANNUAL �l l � I fl: lT 1 �N yl l"' I. I"N "i �tl't JL°i°NJ r4LI ,1 'CD
For events of a repetitive naturesingle r the year. Perhaps as frequently
s one event per week,as Louisa Hargrave had noted In I I Farm ProductsWorking r
meetings that is typical of other agricultural venues acrossU.S.
6. NLUVf TNSQ)T°jSIJ N+ Imo, PIINNCj TQ, Nor-SoyL" ISD C I 'I YALINSUREl
consistency f limits for addlilonal Certificates of insurance namingI is needed in
the current r . In A-10 of the proposedamendments,it is stated as$1,000,000
r occurrence. In r f the amendments,a certificate of not less than$2,000,000 naming
SoutholdTown of ii l insured is required. I I practice,insurance i s Issue
Certificates Insurance r additional Insureds ""$1,000,000 per occurrence;$2,000, in the
aggregate”.
. "FItAF-PIC ISSUES REALITY
Traffic for most events is in the range r is the number that passes
Town Hall on the Maini ten-minute ri r l 'clock AM"r r"on a
weekday.
8. LQh4V0SIT10N OF THEI N CNAI N N hl"i SQMM17TEE
The Special Events CommitteeI Include, in Its r Agricultural Advisory
Committee,one director/officer of the Long island WineCouncil,and the local affairs representative for
the Town of Southoldr Long Island FarmBureau.
nW
�.
� ..x� g� , c z � (including, ° � r p11°aa"k',ra`1th�AV� or, bi�:ycie
� aii� "n irraau-�:h, c�ssaroui�ar ..atheurvin ° �aaatp noed as- i °i uo�a
�a condition uurssto -c ��,
on is
mm
or attend attendance at,� here the ac�.-Mt�g oaanycharged6 a� i iau i��aayp pa.abpur street, a htofw�ayp sai98e�ir�lk
ew
or ars any other public place is umpacted in a manner whMi disrupts the noir mai oir usual traffic
patterns, re uiadons or controBs as determined by the ChW:of Police.
PARADE PERMIT
pern-ilt for a parade issued under this chapter.
PERSON
Any individual,firm,partnership,association,corporation,company or organization of any kind,
including a charitable,religious,membership,hospital or not-for-profit corporation.(2]
PUBLIC SAFETY COMMISSION
A commission consisting of five members.The Town Board shall appoint members of the Public
Safety Commission and their terms by resolution,as provided for in Town Code Chapter 1g.The
duties of this Commission shall include holding public hearings to consider appeals based upon
the denial of a permit application under this chapter. In addition,the Public Safety Commission
shall,at a minimum of once per year,review all of the special events and recommend changes to
policies and procedures and to the Special Events Ordinance.
SPECIAL EVENT
Any social occasion or activity occurring on public or private property, having more than loo
persons in attendance,open to the public,conducted outdoors,with or without an admission or
invitation fee,a sponsorship,or requested donation,and held on a one-time or occasional basis,
including,but not limited to,carnivals,circuses,fairs,bazaars and outdoor shows,horse shows
or exhibitions,and concerts. A special event shall include any social occasion or activity
occurring on public or private property,that is open to the public,conducted outdoors,with or
without an admission or invitation fee,a sponsorship,or requested donation,held on a one-time
or occasional basis, regardless of the number of people in attendance,if said social occasion or
activity is advertised in advance in any media, including but not limited to a newspaper,
magazine,flyer,handbill,mailed circular,bulletin board,sign,mass e-mail,or website. Except as
limited by applicable law, a special event is not subject to express time limitations under the
terms of this chapter and may occur over several days with or without interruption. Exemptions
are as provided for in§283-2A(3) below.
(Amended 3-24-2oog by L.L.No.8-2009;1-28-2014 by L.L. No.1-2014]
SPECIAL EVENT PERMIT
A permit for a special event issued under this chapter.
TOWN
The Town of Southampton.
TOWN BOARD
The Town Board of the Town of Southampton.
TOWN CLERK
The Town Clerk of the Town of Southampton,or designee.
YARD SALE
The display and sale to the public of previously owned or used personal property from a
residential property that is owned or controlled by the person holding the sale.The term"yard
sale"does not include the mere incidental sale of one or two items of personal property when
such sale is not part of a general sale of a number of items of personal property. For purposes of
PROPOSED CODIFICA'T'ION OF AG ADVISORY COMMITTEE WITH REVISIONS FROM _-,, (Fometted;Font,14 pt
`------------ ..w-----------------------------------------
CODE COMMITTEE MEETING
Prior Ag Committee Revisions revisions: 6/62017, 6/7/2017, 11/21/2017.
1/12/2018, 1/30.2018, 2/7/2018,2/10/2018,3/29/2018
Last revised_May 7,2018 ) i�Office) r 8) W)i8_ wli oNa � wsession
„
( /
_.. Mair 15,2q14 revisions from 5/8/2018 TB work session "- Formatted:Left
TOWN OF SOUTHOLD
Local Law##/2018
Chapter XX.AGRICULTURAL ADVISORY COMMITTEE
§XXX-XX. Purpose
The purpose of this Agricultural Advisory Committee is to:
A. Recognize the importance of agriculture and its industry as both a vital
economic driver to the local economy and a mode of land use which
provides the Town of Southold with both its rural and rustic character.
6, —fe,".hew�� .. ;;otf ...�sded.nt +- fha� �the
fo�mN.1`ow��-Near=d"Ys..ai�� �N:
c-.B. Assure the eotiti .._Epr�timomTmmwaa fdvncifg „tip coNsoie
viability ani• w1ai� ilityof�iwT� •a ,rieudtreG.,. civac fari ;;6Aw :
k Wiwww was r whic}mw i _ilicit ... loc l(NLOt i�� tp " lw1!.
aC. Provide for the most ,.i)enefit..i l N eIati iishiLi ;rc-latio". -p
vtieet- ttolwvwppie w the use of lands, buildings, and agricultural
practicesr+mw-a -4n-tiie to further encourage the wise use
and management of the natural resources within the Town.
1
{l_Provide the Town Board, Planning Board,
nin8 Board of Appeals, and other relevant Town
t),j)iids depanmem-,-and committees a corx1ok
for recommendations from the Town's agricultural industries on the short
and long term impacts
matters and questions considered bythese de(Idmi-ma4dAag-groupo. Formatted:Left Indent:Left: 0.5", No bullets or
_
Formatted:Indent:Left 0.5", No bullets or numbering,
� ~ .~
- Formatted:-��'
As used In this Cha e the terms used herein are defined as follows: I'll rm I atted:Fo nt: 4 p I t I ................
A,GRIICULTU RAL ZONING DISTRICTS
K !gg, districts within the Town of Southold in which agriculture is an
allowed use.
COMMITTEE
The Southold Town Itura Ad
A. The Committee shalln
be composed ofn|ne membey appo|nted by--- fl,Formatted:Indent:Left:
the Town Board, who are residents and ac1|v
owners/operators of bona fide agricultural Lfa[m operationsL' within the
Town ofFormatted:Font:14 pt,Italic,Underline
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� °-' - Formatted:Indent:Left: |
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Q, E. Committee members w14-shall serve Without compensation. Formatted Normal, No bullets ornuniberlruzg
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The Agricultural Advisory Committee shalllve-Hefem=Fdt�t�ymfhE$ aafl
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A. Aev+ w fl cµ...i�rot 9 rt; m�C,a�rmi°aai...���m°v°amm���lg ora �n.•!., las shall be lefaervrl to
the,,,,•Committee for review,_ 1'h C�orrinlittee shad have45 da d t l provi ,
mecorraaraw"ndatmions to Y"II;L.",rown BtDrtrri,...dr'Yr� It��!r rt q•tit;(�4�6V�r1?Yl�}sitkt)r,maw,:� t�tm'a
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: r errlm,t',s ,irrr rt,.to a rpt rC im l;gran rNt�i C rio umm e.rrt li:am°r °
B. Review and Report Committee's recommendations to the Town Board and
the Planning Board as to changes in policy and rules, including but
limited to proposing revisions to the Town Code of the Town of Southold;
�vfrtratt mt vi iom s., 4.d rri�rr ,µ.i ai.,.mmot detr, t fror� ; ti r arcor t m it vial afi#y
tft aC rier�itL ra l.il i a L ier 4n tJ eIT m.t.of o N.t r.old.
Rpyit�w pgri uiture re ate sitepAp a 1 lications and subdivisions,
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n Site len tl°rat is m t la"ltt'd tq a racuitural activities'Shull Formatted Font 14 pt
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.posed or established area.This recorlyrrenda,Li!A)i 51
shaH Include a determInation as to whether the
within the coun
districts.This recommendatipriLs hall
F, Review loco[ county, state, and federal legislation Faising issues affecting
the agricultural nd report their
effect to the Town Board
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and the Town Board.
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13ONA FIDE FAIM 0131,"RATION -- Indicators of bona fide farm operation as an economic test
include, a farin operation, as defined herein, that meets the terms of NYS Form RP-305 r.
1. Is located on land with not less than seven acres of land Used as a single operation in the
preceding two years f6r the production or sale of crops, livestock or livestock products, of an
average gross sales value of$10,000 or more, or . . .
1 Is located on land of'seven acres or less used as asingle operation in the preceding two years for
the production or sale of crops, livestock-or livestock products of an average gross sales value of
$50,000 or more, or . . .
3. Has been issued a direct marketing operator's permit.
BONA FIDE AQUACULTUREWARICULTURE FARM OPERATION—indicators of a bona
fide aquacutture/mariculture farm operation as an economic test include, a farm operation, as defined
herein, engaged in aquaculttge and/or mariculture that:
1. Has obtained all commercial cultivation permits required by the New York State Department of
Environmental Conservation Law. Additionally, has obtained a permit from either the New York
State Department of Agriculture and Markets or the Suffolk County Department of Health
Services, if the farm stand or direct marketing operation off-ers on-premises consumption, and
2. Either has access to underwater land, including, but not limited to, a lease, riparian rights, a
grant, a fee title to underwater land., or a franchise within the Peconic,Bay Estuary or Town
waters, or has land-based cultivation infrastructure.
ROADSIDE STAND—A display area less than 100 square feet in area located on a parcel on which
its, vegetables or plants are home grown and sold to the general public.
§280-13. Use regulations.
A. Permitted uses.
(2) Farm Operation, provided however,
(a) Agricultural Processing and On Farm Direct Marketing Buildings, as defined
herein, shall be subject to site plan review. Notwithstanding the foregoing,
Agricultural Processing Buildings o'r Direct Marketing Buildings less than 1,000
square feet shall not be subject to site plan review. The Planning Board shall
expedite (meaning waive public hearing(s), revisions, and performed on a timely
basis—one Planning Board meeting) any application for site plan approval for an
Agricultural Processing Building and/or an On-Farm Direct Marketing Building.
(b) In addition to the direct marketing of on-farm grown agricultural products a.
farmer may sell supporting farm products and agricultural products not grown by
the farmer. Any agricultural product sold by the farmer,but not grown by the
fiariner must originate within the ('ounty of"Suffolk. The total floor area of`an.�
Farm 1)irect IMarketing Building, a Tarin Stand, oi: part of a budding for such.
tises, shall not exceed 3,000 square feet.
(c) At least 60% of Cite gross dollar value of all iteins offered for sale at farm stands
shall consist of agricultural products grown by the on (arm (1irect marketing
operator or manufactured or processed from products grown by the on-fat'ni direct
marketing operator within the Town of Southold.
(d) No more than 40% of the gross dollar value of all items offered for sale at an on
farm direct marketing facility may consist of the following items:
L Agricultural products grown by a person or entity,other
i than the on-farm direct marketing operator, engaged in
bona fide agricultural production within the County of
Suffolk.
ii. Item's manufactured or processed from the agricultural
products grown by a person or entity, other than the on-
farm direct marketing operator, engaged in bona fide
agricultural production within the Town of Southold;
iii. Clothing,apparel, and other similar items,but limited
to such items that promote the specific farm operation
site or operator, and souvenir items of the farm
operation; and
iv. Other accessory items, but limited to items
complementary to the specific on-farra direct marketing
agricultural operation, such as decorative house wares,
planters, and like items.
C. Accessory uses, limited to the following uses and subject to the conditions listed in§280-15
herein:
(12) Direct marketing of aquaculture/mariculture products by a bona fide
aquaculture/mariculture farm operation.
(13) Road side stand.
E. The use of an On-Farm-Direct Marketing Building, a Farrn Stand, or part of a building for such
uses, shall require the issuance of a Direct Marketing Operator's Pen-nit in accordance with
Section 280-13 A(2)herein, as well as the following requirements:
I Notwithstanding any prior course of corj(jucj 01- Perin.I.SS.I I on granted, w..) farni
stand, or on. fann direct marketing etitity, may be operated within the Town
without a valid Dinxt N/Iarkethq, Openflor's llenvjit i,,-;SuCd ujm'), to
ThL I wrl (.1cr1( simll orily le a
tune 'I'OW11 CICI"VS 001'WV
Operff-OoCs Pernift to a p.xuly engagcd in a hojia lide j,,)()
operation within the 'row.n. na bide
2. Content ot'applicatioti. All applications for direct ii,iark,le(iiil!,,,i.)I)(.,l,,,ator j,')LcrT11i ts
shall I)e
, ft) writing and shall conUdo such in-l'ortnation as rtxjuesled by the 'T'own,
but at a minimuni, such applications shall i r,)cl ude,.-
a-. A description of the farm operation or aquaculture/mariculture
operation, and its location including all parcels which make up the
Farm Operation.
b. If land is leased, copies of the Lease Agreements.
c. Proorof average gr(.')SS sales (per NYS Forin R.P-305 r or Avadavit) for
the preceding two years of operation. A startup operation, or one that
lias been in existence for less than 2 years, shall provide a business
plan, verification that the applicant is currently engaged in agricultural
or aquacultural production and any other inforination or
documentation as may be required by the Agricultural Advisory
Committee to verify that the operation is bona fide.
d. Sketch of any structures and a floor plan.
e. Sketch of parking area and ingress/egress.
3. Upon receipt of a complete applicatibri, the Town Clerk shall refer the
application to the Agricultural Advisory Committee for review and
recommendation and the Office of Code Enforcement for a determination of
Whether any violations of the law exist, 11e Town C.Jerk shall issu(� the perillit
so 10119&s the,-.1Pplicant is deemed, by the Agricultural Advisory Conunittee and
the Office of Code Erifiweernent to be in compliance with this Chapter.
4. Duration of Permit and fees. An On-Farm Direct Marketing Operator's Permit
shall be validfor a period of two (2) yearn from the date of issuance except that
pennits issued to start tip operation's shall be valid one (1)year from the date
of issuance. A nonrefundable fee in the amount of$50 shall be paid at the time
of filing of an application fora Direct Marketing Operator's Permit or a renewal
of the Permit.
5. Registry of Perinits. It shall be the,duty of the'Fom:i Clerk to maintaina register
of Direct Marketing Operator per'llits issue(] Pursivant to this chapter. Such
register shall be kept by the D11.01.0 of the pern-Littee, street address of the farm
operation's On-Faun Direct Marketing entity and set forth the date of expiral
of the pen-nit.
6. Penalties for offenses. In addition to any other penalties for violations of this
Chapter, A direct marketing operator's permit issued under the provisions of
this chapter may be revoked by the Town Clerk after notice and hearing before
the Agricultural Advisory Committee and a finding by the Agricultural
Advisory Committee that the operator is not engaged in a bona fide farm
operation ora bona fide aquaculture/mariculture operation or has caused,
permitted, or allowed to exist any violation of any provision oft e Code the
Town ofSout holdfar a period of 14 days or more after written notice has been
given tot operator. If the direct marketing operator permit is revoked, or if
the operator allows any other violation of the Town Code to remain uncuredfor
a period of 14 days or more after written notice is given to the operator, the
ChiefBqilding inspector all revoke the certificate ofoccupancyfor the direct
marketingfacility.
7. Appeal by Owner. An appeal of a denial, revocation or renewal of a.direct
marketing operator permit imay be taken to the Town Board, by written request,
made within 30 days from the date of such denial or revocation. The Town
Board shall
of a public hearing on such appeal within 30 days after receipt of
written notice of such appeal and, after such hearing, shall make written
findings and a decision either sustaining such denial or revocation or reinstating
the permit within 30 days after the close of the public hearing. Any appeal of
the revocation of a certificate of occupancy must be presented to the Zoning
Board of Appeals within 30 days from the date of revocation.
§280-15. Accessory buildings and structures.
G. Notwithstanding anything tot contrary contained in this Article,the accessory uses "Farm
stand for the sale
e of aquaculture/mariculture products"'and"Road side stand"as set forth in
Sections 280-13(C)(12) and(13) shall not be subject to the requirements for accessory uses
set forth in this Section.
111. SEVERABILITY
If any clause, sentence,paragraph, section, or part oft i Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
� :: i m Use t AAS
ju.1y 19, I: t 4, 2.01...7
A. Permitted .
(2) Farm Operations, provided however,
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