[Added 10-6-2015 by L.L.
No. 18-2015]
As reflected in the Town's 2004 Comprehensive Master Plan and
various provisions of the Town Code, the Town of Riverhead seeks to
not only preserve the prime agricultural soils but to encourage, promote
and support farming and the local farm economy. This article is designated
to provide a mechanism to reduce costs and expedite farm stand review
for a limited number of direct farm marketing techniques to enable
local farmers and growers to market their agricultural products directly
to consumers and, in turn, bolster the local economy.
As used in this article, the following terms shall have the
meanings indicated:
Agricultural products which are processed beyond cutting,
drying, freezing, or packaging. The agricultural products have added
ingredients not produced on the farm and may be cooked, cultured,
canned or bottled with more than 51% of the ingredients containing
agricultural products produced on the farm or regionally grown.
The sale of agrifood products directly to the consumer. It
is market-focused relationship marketing. Producers know their target
market and sell products that meet the specific needs of their consumers.
A fundamental component of farm direct marketing is the trust relationship
that develops between producers/processors and consumers. Successful
farm direct marketers assume the accountability and rewards of consistently
supplying quality agricultural products directly to the consumer through
a variety of marketing channels.
Any temporary or permanent structure owned or operated by
the farmer or grower for the sale and display of on-farm produced
agriculture products, including but not limited to fruits, vegetables,
flowers, nursery products, eggs, and dairy products. In addition to
on-farm produced agriculture products, a farm stand may include the
sale of regionally produced agricultural products and enhanced agricultural
products, provided that the regionally produced agricultural products
and enhanced agricultural products shall not exceed 40% of the products
offered for sale. A farm stand includes roadside stands and u-pick
operations where the customer comes to purchase agricultural products
but shall not include buildings or structures used for processing
operations, except for instance processing, i.e., bagging or cutting
and minimally processed without any additional ingredients, retail
food service establishments, retail food stores or food warehouses.
A farm stand may include sale of decorative containers, pots, tins
and such other nonagricultural products directly related to presentation
and packing for sale of the agricultural products, and such items
shall not be deemed to constitute the 40% of regionally grown or enhanced
agricultural products.
Any place where food is prepared and intended for individual
portion service and includes the site at which individual portions
are provided, whether consumption occurs on or off the premises, or
whether or not there is a charge for the food.
Any food establishment in which food is held for commercial
distribution.
The principal permitted use as listed in the zoning district
and/or as legally approved on the subject property. If property is
improved with a single-family dwelling or any such other residential
structure, except agricultural worker housing, provided said agricultural
housing complies with all provisions of the Town Code and has a valid
certificate of occupancy and/or certificate of preexisting use, the
residential use of the subject property shall be deemed to be the
principal use of the subject property. Notwithstanding the definition
of "principal use," a property improved with a residential dwelling
may qualify for agricultural production as a second or dual principal
use, provided that:
The lot exceeds the minimum lot size for the zoning district;
Agricultural production is a principal permitted use in the
zoning district where the property is situated;
The agricultural production on the subject property is limited
to and consists of growing, cultivating and harvesting fruits, vegetables,
flowers, nursery and horticultural products, eggs, and dairy;
The portion of the lot in agricultural production exceeds the
portion used and related to residential use (i.e., residential use
includes driveways, front, side and rear yard areas, garages, decks);
and
The agricultural production qualifies for an agricultural tax
assessment pursuant to the New York State Department of Taxation and
Finance, New York State Department of Environmental Conservation,
United States Department of Agriculture or such other local, state
or federal entity qualifying and certifying that the land is in bona
fide agriculture production.
The washing, grading, and packaging of on-farm and regionally
grown agricultural products.
Grown on a farm located within the State of New York and/or
within a radius of 250 miles of the farm.
Any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises
consumption. The term does not include establishments which handle
only prepackaged, nonpotentially hazardous foods, roadside markets
that offer only fresh fruits and fresh vegetables for sale, food service
establishments, or food and beverage vending machines.
A temporary structure for sale of on-farm produced agriculture
products, including but not limited to fruits, vegetables, flowers,
nursery products, eggs, and dairy products. In addition to on-farm
produced agriculture products, a roadside stand may include the sale
of regionally produced agricultural products and enhanced agricultural
products, provided that the regionally produced agricultural products
and enhanced agricultural products shall not exceed 40% of the products
offered for sale.
Operations where the customer comes to the farm to pick the
fruits, vegetables or horticulture for ultimate purchase by the customer.
The Planning Board may allow for farm stand review and approval for the construction of roadside stands, u-pick operations, and farm stands rather than the requirement of a site plan and adherence to the site plan review process set forth in Article LVI, Site Plan Review, of this chapter, subject to an applicant's ability to meet the criteria set forth in § 301-283.4 and subject to the provisions and procedures set forth below.
A.
The applicant must submit proof that the existing use of the subject parcel is agricultural production as defined by § 301-3 and that the subject parcel is in the agricultural program and/or qualifies for an agricultural tax assessment pursuant to the New York State Department of Taxation and Finance, New York State Department of Environmental Conservation, United States Department of Agriculture or such other local, state or federal entity qualifying and certifying that the land is in bona fide agriculture production as of the date of application for farm stand review.
B.
The
applicant must submit proof that the existing use agricultural production
is the principal and primary use of the subject parcel as defined
in this article.
C.
The
applicant must submit proof that the use, agricultural production,
and the proposed improvements meet and conform to all the requirements
of this chapter, including but not limited to the dimensional table,
parking schedule, and lighting. Note: Compliance with the parking
schedule shall not require that parking areas be improved or paved;
simply the area designated for parking area shall meet the size and
dimensional requirements for the use.
A completed application shall consist of the following items,
unless written request for waiver(s) is granted by the Board:
A.
A completed
application form, accompanied by:
(1)
The names and addresses of all abutting property owners taken from
the Town records not more than five days before the day of filing.
(2)
The names and addresses of all persons whose names and seals appear
on the sketch plan and plot plan.
(3)
The names and addresses of all holders of conservation, preservation
or agricultural preservation restrictions.
(4)
A letter of authorization from the owner, if the applicant is not
the owner.
(7)
The NRCS and/or Suffolk County Soil Conservation report and recommendation of the plot plan as set forth in § 301-283.10.
(8)
An expedited farm stand fee (if required).
The applicant for farm stand review shall submit a sketch plan
setting forth the following:
A.
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.
B.
Show
the proposed location and arrangement of specific land uses, such
as pasture, crop fields, woodland, livestock containment areas, or
manure storage/manure composting sites.
C.
Sketch
of any proposed building, structure or sign, including exterior dimensions
and elevations of front, side and rear views. Include copies of any
available blueprints, plans or drawings.
D.
Provide
a description of the farm operation (existing and/or proposed) and
a narrative of the intended use and/or location of 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.
E.
If
any new structures are going to be located adjacent to a stream or
wetland, provide a copy of the Floodplain Map and Wetland Map that
corresponds with the boundaries of the property.
In addition to a sketch plan, an application for farm stand
review shall require the submission of a plot plan, which shall include
the following items:
A.
Boundary
survey, including bearings, horizontal distances and the location
of permanent markers; lots numbered according to the Town Tax Map
numbering system.
B.
Location
and amount of frontage on public rights-of-way.
C.
Location
of existing and proposed buildings with all setback lines.
D.
Location
of existing and proposed buildings and other structures.
E.
Location
and description of any existing or proposed easements.
F.
Location
of existing and proposed water mains, culverts, drains, wells, sewers
and proposed connections or alternative means of providing water supply
and disposal of sewage.
G.
Location
and width of existing and proposed driveways.
H.
Location
of existing features of the site, including land and water areas,
rock ledges, stone walls, existing and proposed foliage lines, open
space to be preserved, and any other man-made or natural features
on or immediately adjacent to the site.
I.
Base
flood elevations and flood hazard areas, based on available FEMA maps,
if applicable.
Other information:
A.
Any
deed restriction and all deeds covering land to be used for public
purposes, easements and rights-of-way over property to remain in private
ownership and rights of drainage across private property, submitted
in a form satisfactory to the Board's counsel.
B.
Any
other state and/or federal permits.
C.
Any additional reports or studies deemed necessary by the Planning Board to make an informed decision. The Planning Board reserves the right to request such information after an application has been accepted as complete, as well as before acceptance; however, the Planning Board shall adhere to the notice and time parameters set forth in § 301-283.11.
A.
In
areas not currently served by public sewer systems and to the extent
applicable, it shall be the responsibility of the applicant to prove
that the area of the lot is adequate to permit the installation and
operation of an individual septic system and obtain approval from
the Suffolk County Department of Health Services.
B.
All
new wells shall comply with the regulations of the Suffolk County
Department of Health Services.
A.
The
applicant must submit all plans for improvement of the subject parcel
identified in the plot plan to NRCS and/or Suffolk County Soil Conservation
for report, recommendation and/or approval of the plot plan as same
relates to stormwater and erosion control and submit the report together
with the application and all such other submission requirements.
B.
The applicant shall comply with all provisions of Chapter 275, Article I, Stormwater Management, of the Code of the Town of Riverhead, and to the extent that the proposed improvements do not qualify for an exemption under Chapter 275, Article I, to the extent applicable, the applicant may seek exemption under the provisions of the memorandum of understanding between the NYS DEC, NYS Agriculture and Markets and NYS Soil and Water Conservation Committee.
A.
Upon
receipt of an application for farm stand review, the Planning Department
shall refer the application, together with all submissions, to the
Agricultural Advisory Committee, or, in the case of property wherein
development is restricted due to a conservation easement or deed of
development rights, the Farmland Committee, for review, comment or
recommendation. The Agricultural Advisory Committee or Farmland Committee,
as the case may be, shall issue comments or recommendations for Planning
Board consideration within 30 days of receipt and file the same with
the Planning Department, and, in turn, the Planning Department shall
refer the application to the Planning Board.
B.
The
Planning Board shall adhere to the following time parameters:
(1)
The Planning Board shall commence review of all aspects of the application
for expedited farm stand review, including the plot plan (sketch),
proposed structure, parking, etc., within 30 days of referral to the
Planning Board. A copy of the application, together with all submissions,
shall be referred to the Planning Department and/or the Town's engineering
consultant, and any such other department or committee deemed appropriate
by the Planning Board, within 15 days of receipt of an application.
(2)
The departments and committees listed above shall make recommendation
to the Planning Board within 30 days from referral, and, in turn,
the Planning Board shall make a final determination within 60 days
of receipt of an application.
(3)
In the event that the Planning Board determines that the application
is incomplete or information must be supplemented, modified, or addressed
necessary to complete review, the Planning Board shall advise the
applicant within 30 days of receipt of the application. The Planning
Board shall provide the applicant 30 days to supplement, modify or
address comments or request for information and extend the review
period for an additional 30 days to make a determination. Note: Nothing
herein shall prohibit an applicant from seeking permission to extend
the time to change, modify, or address aspects of the farm stand,
project or development; however, such time shall extend the Planning
Board review period for an additional 30 days for receipt of an application
deemed complete.
