(4)
lmportant Farmlands.
(a) it is in the overall public interest of the
Town of Red Hook to protect the important agricultural lands from
development in order to maintain their availability for productive
use. The Town, therefore, seeks to channel development away from
such farmland and to permit sufficient flexibility in its zoning
to maintain agriculture as a viable industry in the Town.
[1]
The regulated farmland overlay area consists of those farmlands
certified for inclusion in Dutchess County Agricultural District
20 by the New York State Department of Agriculture and Markets
pursuant to the NYS Agricultural Districts Law and which have
been determined by the Town Board through their inclusion within
the Environmental Protection Overlay (EP-O) District to be of
special significance to the Town. A current copy of the Certified
Agricultural District 20 Map and a list of corFesponding real
property tax map parcel numbers shall be maintained on file
in the office of the Town Clerk.
[2]
Any site plan or subdivision plan that includes the subdivision
or development of mapped important farmland shall, to the extent
practicable, designate such farmland as protected farmland and
perpetual open space.
[3]
The protected farmland so designated shall be depicted on the
subdivision plat and labeled in a manner to indicate that such
land may not be further subdivided for building lots and is
permanently reserved for agricultural purposes.
(b) Pursuant to authority granted
to it by Section 143-33, A(2), of this chapter, entitled Residential
Cluster Development, the Planning Board, insofar as practical,
shall mandate that residential lots and related subdivision improvements
be clustered on those portions of the applicable tract of land
least suitable for agriculture to accomplish the following objectives:
[1]
The preservation of prime agricultural soils.
[2] The preservation of soils of statewide importance.
[3] The maintenance of active agricultural lands.
(c) The cluster principle shall be
applied to all subdivision applications, enabling the subdivided
lots to be smailer than the zoning law would normally require,
provided that overall density does not exceed the density permitted
by this Zoning Law.
(d) Any Residential Cluster Development
within the EP-O District shall be subject to the provisions of
Section 143-33 of this chapter and the Town's Land Subdivision
Regulations. In order to determine the most appropriate development
pattern at the earliest possible time, the Planning Board shall
require a preiiminary conceptual plan consisting of the following:
[1]
Land inventory information as required pursuant to Section 143-33
of this chapter including description by type and depiction
by location of potential development constraints, e.g. soil
types, wetlands and watercourses, flood plains and slopes.
[2] Full build-out potential based on allowed density, identified
constraints and required infrastructure~as discussed in Section
143-33 B of this chapter.
[3] A farmland protection plan identifying proposed development
sites, infrastructure, and protected farmland, as further described
in Section 143-47 D(4)(h) below.
The Planning Board shall refer the proposed
farmland protection plan to the Town's Agricultural Advisory
Committee for review and recommendation as part of its consideration
of the preliminary conceptual plan.
(e) In considering any subdivision
and / or site plan application, the Planning Board shall similarly
require that structures and related site improvements, including
impermeable surfaces, be located, insofar as practical, as follows:
[1]
On the least fertile soils for agricultural uses, and in a manner
which permits access to active agricultural land and maximizes
the protection of agricultural land in parcels of a land area
and configuration which are suitable for agricultural use.
[2]
Within any woodland contained within the parcel(s), or along
the far edges of open fields adjacent to any woodland, to reduce
impact on agricultural operations and to enable new construction
to be visually absorbed by natural landscape features.
[3] In such a manner that the common boundary between the newly
created lots and the protected farmland is minimized in length
and so that the distance and/or buffer zone between any house
site and an active farm field shall be sufficient to prevent
interference with existing farm operations.
[4] In locations least likely to block or interrupt scenic vistas
as seen from public roadways.
In order to maximize the conservation
of important farmland, maximum lot size shall be limited, insofar
as practicable based on topography and Dutchess County Health
Department standards, to one-half (1/2) acre or to the least acreage
determined to be feasible by the Planning Board.
(g) To conserve resources without
changing the overall density allowed within the Important Farmlands
Overlay District, density transfers from productive farmland to
permit increased development at more appropriate locations within
the District may be authorized by the Planning Board.
(h) To accommodate landowners who
do not desire to subdivide an entire parcel at the time of their
initial application for Subdivision Plat Approval, partial subdivision
of a parcel that would otherwise meet the purposes and requirements
of a cluster or conservation density subdivision or other development
shall be permitted as follows :
[1]
Any subdivision shall only be approved by the Planning Board
in accordance with a farmland protection plan for the entire
parcel only if the applicant has met the requirements set forth
in [2], [3], and [4] below in their entirety.
[2] A waiver from the applicable zoning regulations may be granted
on one occasion for a one lot exception, such exception to involve
the creation of a residential lot not larger than the minimum
lot size allowed within the applicable zoning district and located
away from important farmlands as defined in Section 143-4, above.
[3] An approved farmland protection plan shall include the following
elements on the plat to be filed for the subdivision:
(a)
The location of all existing structures and infrastructure.
(b) The location of all future building envelopes, roads,
and other major improvements.
(c)
A depiction of the farm acreage to be protected, labeled in
a manner to indicate that such land is not to be further subdivided
for building lots and is permanently reserved for agricuitural
purposes.
(d)
An acknowledgement of any conservation easements or any other
additional land protection measures to be employed.
[4]
In order to secure implementation of the approved farmland protection
plan, said plan shall be:
(a)
first presented by the landowner and then approved by the
Planning Board in consideration of the Town's master plan
objectives related to such matters as agricultural activity,
open space preservation and housing demand and upon recommendation
of the Town's Agricultural Advisory Committee;
(b)
affixed to the Town's official lmportant Farmlands Overlay
District Map upon recommendation of the Planning Board and
Resolution of the Town Board;
(c)
referenced in Agricultural Data Statements submitted for any
proposed development on or within 500 feet of the mapped parcel(s)
as mandated by NYS Agricultural District Law 25-AA, Section
35-a;
(d)
further refeFenced in notification provided to prospective
buyers of real property on or within 500 feet of the mapped
parcel(s) as mandated by NYS Agricultural District Law 25-AA,
Agricultural Districts, Section 310 (1) ,Disclosure; and
(e)
binding subject to modification initiated by the landowner
at the same eight (8) year interval as the underlying Dutchess
County Agricultural Districts, such modification to be requested
within six months after Agricultural District Recertification
by the Dutchess County Legislature, and to be considered by
the Planning Board, the Town's Agricultural Advisory Committee
and the Town Board in the same manner as cited in above subparagraphs
(b) and (c) for the initial submission.
This Local Law shall take effect
immediately upon filing in the Office of the Secretary of
State of the State of New York in the manner prescribed by
law.
Adopted July 9, 2002 by the Town of Red
Hook Town Board