[Added 9-19-2001 by L.L. No. 8-2001[1]]
A.
The Town of Yorktown has determined that farms constitute
a significant place in the history of the Town, provide a sense of
the historical landscape, constitute areas of open space and contribute
to the diversity of land uses and economic base of the Town. Several
remaining farms in the Town embody these attributes and are located
in areas which experience residential development pressures. The intent
of this legislation is to promote the conservation, in whole or in
part, of these farms to benefit the quality of life of all residents
of the Town of Yorktown.
B.
All existing farms of 30 acres or more within the
Town of Yorktown are eligible for mapping of a Farmland Preservation
Overlay District. The application of the overlay does not in and of
itself change any current utilization of property for farm purposes
but rather enhances the opportunity for preservation of some or all
of the property for farm uses in the event of future development.
C.
In the event of development of a property within a
Farmland Preservation Overlay District for residential purposes, the
cluster provisions of the Zoning Chapter will be utilized, if a farm
preservation and maintenance plan is established, a perpetual operating
farm preserve will be reserved in perpetuity, and density of the residential
cluster will be increased by 25% over and above the underlying permitted
density. If no farm preservation and maintenance plan is established,
only a farm open space preserve, a significant area of open space,
will have been preserved and residential density will comply with
that of the underlying residential district.
As used in this article, the following terms
shall have the meanings indicated:
For purposes of the Farmland Preservation Overlay District,
all the tax lots, regardless of ownership, constituting a farm as
of the date of adoption of this article, without regard to natural
subdivisions created by intervening public streets.
The area of a former farm which constitutes a minimum of
35% of the land area and no less than 10 contiguous acres of that
portion of a former farm which is set aside as open space or farmland
in a Farm Preservation Overlay District. The farm open space preserve
must include that portion of the farm which was actively used for
the growing of crops or grazing of animals and farming-related and
barn or stable buildings. However, if the acreage of the areas that
were actually used for farming purposes is less than the required
35% of the total farm's acreage (sum of lands that were farmed, unfarmed,
fallow, used as accessory uses, environmentally constrained, etc.),
other contiguous lands that are part of the farm may be used to create
the farm open space preserve. In no case shall the total be less than
35% of the entire farm or less than 10 acres.
A plan devised in the event of development of a farm site
located within a Farmland Preservation Overlay District which establishes
mechanisms for preserving a minimum of 35% of the original farm and
no less than 10 acres of contiguous farmland in perpetuity for farming
purposes as an operating farm open space preserve in exchange for
a twenty-five-percent density increase over and above the permitted
cluster residential density of the underlying zoning district.
That area of the farm open space preserve which is preserved
in perpetuity as an operating farm within a Farm Preservation Overlay
District.
In any Farmland Preservation Overlay District,
no buildings or premises shall be used, and no buildings or part of
a building or structure shall be erected, constructed, enlarged, altered,
arranged or designed to be used, in whole or in part, except for one
or more of the following uses, provided that a site plan of development
is approved by the Planning Board, after public notice and hearing,
as being in conformity with this article:
A.
Uses permitted both within and outside of the areas
designated as the perpetual operating farm preserve or farm open space
preserve:
(1)
Farm fairs and 4-H fairs. Such uses shall be temporary
operations which include activities solely related to farms and farming.
(2)
Bed-and-breakfast establishments, Such establishments
shall be housed in existing farm buildings or in newly constructed
buildings whose design shall be in keeping with the design of the
existing farm buildings and which shall have a maximum of 10 bedrooms.
The maximum square footage of such buildings shall be 5,000 square
feet. The maximum zoning envelope lot shall be one acre for such use
and related parking. There shall be one parking space for each bedroom.
(3)
Commercial farm stores. Maximum square footage of
such buildings shall be 10,000 square feet. Parking shall be provided
at one space for every 250 square feet of store space. Parking areas
should be clearly identified areas but can be gravel and not fully
paved. The maximum zoning envelope lot shall be one acre for such
use and related parking. Such stores shall be permitted only in conjunction
with an operating farm.
(4)
Equestrian centers, nature centers or interpretive
centers. Maximum square footage of buildings serving such centers
shall be 10,000 square feet. In no event shall such centers operate
as commercial livery stables which offer the use of horses on an hourly
or daily basis.
(5)
Agricultural-related museums or educational centers,
historic agricultural centers/offices, or historic cultural museums.
B.
Uses permitted only outside the area designated as
the perpetual operating farm preserve or farm open space preserve.
(1)
Cluster residential development based on the density
and cluster regulations applicable to the underlying zoning district.
(2)
Cluster residential development based on a twenty-five-percent density incentive increase over and above the cluster regulations applicable to the underlying zoning district in conjunction with creation of a farm preservation and maintenance plan and establishment of an operating farm preserve. Farm open space preserves shall be no less than 35% of the total acreage of the land within the Farm Preservation Overlay District or less than 10 acres and shall include that portion of the farm which was actively used for the growing of crops or grazing of animals and farming-related and barn or stable buildings prior to designation within the overlay district and determined to be viable for continued farming. No farm preserve shall be fewer than 10 acres. Farm preserves shall conform to the provisions of Article VII, § 300-45, with the exception of Subsection E.
Permitted accessory uses:
A.
Any accessory building or use customarily incidental
to a permitted use except as otherwise limited by the provisions of
this chapter.
All uses permitted under this district shall
conform to the following general regulations:
A.
Applicable zoning districts.
(1)
The Farmland Preservation Overlay District can be
applied in the R1-40, R1-80 and the R1-160 Districts.
B.
Density calculation for cluster residential uses.
(1)
Cluster residential uses. The clustering and flexibility standards of Article XXV shall be applied to residential uses located within Farm Preservation Overlay District underlying zones of R1-40 or R1-80. The R1-200 large-lot clustering standards of Article XXVI shall be applied to residential uses located within Farm Preservation Overlay District underlying zones of R1-160.
(2)
Development incentive (density) bonus. In the event
of establishment of a farm preservation and maintenance plan, as determined
below, which would establish and be applicable to the land otherwise
set aside as permanent open space and/or farm use, which would then
be known as the perpetual operating farm preserve, the permitted density
applicable to the non-farm-preserve cluster subdivision would be 25%
above and beyond the density permitted by the established underlying
district.
C.
Open space for cluster residential uses with farm
open space preserve.
(1)
A minimum of 35% of the total acreage of the parcels comprised of the original farm parcels within the Farm Preservation Overlay District shall be preserved as open space as a defined farm open space preserve in the event of cluster residential development. The area so designated shall be a contiguous parcel and constitute that area previously used for farming and growing of crops or grazing of animals and farming-related and barn or stable buildings deemed suitable for continued farming purposes and shall be so identified in the cluster subdivision plan. Preservation of the farm open space preserve parcel which could continue to be actively farmed shall be ensured in accordance with the provisions of Article XXV, Clustering and Flexibility Standards, § 300-214, Open space preservation, of the Town Zoning Chapter.
A.
To establish a perpetual operating farm preserve on
the minimum 35% open space set aside of a cluster subdivision, and
thereby receive a development incentive equal to an additional 25%
of the units permitted in the underlying zoning district, an applicant
shall prepare, demonstrate the feasibility of, and implement a farm
preservation and maintenance plan.
B.
A farm preservation and maintenance plan shall identify
all farm and farm-related buildings that are to be utilized for direct
farming purposes. A landscaped buffer area of 50 feet shall be provided
between an operating farm preserve and adjacent residential uses.
The farm plan shall identify the mechanism which will ensure continuation
of the farm use and maintenance of the farm buildings. Such mechanisms
could include, but are not limited to, contribution of the operating
farm preserve to a land trust or establishing an escrow account to
pay the salary of a farm preservation officer within the Town to oversee
the operating farm preserve in perpetuity.
C.
Approval. The farm preservation and maintenance plan
shall be submitted to the Town Board as part of the cluster subdivision
application. The plan shall be referred for recommendation to the
Planning Board. The preservation and maintenance plan shall be approved
by the Town Board prior to granting of the special permit approval.
