[HISTORY: Adopted by the Town Board of the Town of Riverhead 10-14-1997 by L.L. No.
14-1997 (Ch. 44, §§ 44-1 through
44-5, of the 1976 Code). Amendments noted where applicable.]
This chapter shall be known and shall be cited as the "Agricultural
Lands Preservation Law of the Town of Riverhead."
As used in this chapter, the following terms shall have the
meanings indicated:
Lands possessing soils or geography which allow effective
agricultural production.
The cultivation of the soil for food products and other useful
or valuable growths of the field, including but not limited to:
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes, and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
Maple sap.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Farm woodland, including land used for the production for sale
of woodland products, including but not limited to logs, lumber, posts
and firewood. Farm woodland shall not include land used to produce
Christmas trees or land used for the processing or retail merchandising
of woodland products.
Commercial horse-boarding operation, meaning an agricultural
enterprise, consisting of at least 10 acres and boarding at least
10 horses, regardless of ownership. Under no circumstances shall this
use be construed to include operations whose primary on-site function
is horse racing.
Farm operations, meaning the land used in agricultural production
and farming practices conducted on such land, and farm building and
farm equipment involved in the processing of aforementioned agricultural
products.
The transfer of any development right from the Town of Riverhead
to another.
The Riverhead Town Farmland Preservation Committee.
The right permitted to a lot, parcel or area of land for
the exclusive purpose of transfer from a sending district to a receiving
district.
One or more designated districts to which development rights
generated from one or more sending districts may be transferred and
in which increased development is permitted to occur by reason of
such transfer.
One or more designated districts in which development rights
are designated for use in one or more receiving districts.
Authorization by the Farmland Preservation Committee to erect
certain structures in an instance when no construction permit is required.
The Town Board of the Town of Riverhead hereby finds that the
conservation of prime agricultural lands used in bona fide agricultural
production is of vital importance to both the character of the Town
of Riverhead and its economy. The Town Board further finds that agriculture
has historically been and continues to be an important industry providing
fresh food and horticultural products to the residents of the Town
and the region, while generally contributing to the enhancement of
the quality of life of the citizens of the Town of Riverhead. Based
upon its findings, it is the intent of the Town Board and the purpose
of this chapter to preserve, through a number of land use mechanisms,
important agricultural lands in the interest of the public pursuant
to the findings of this chapter and the New York State Legislature
as set forth in § 247 of the General Municipal Law.
A.
Purpose. The Town Board of the Town of Riverhead finds that the preservation
of prime farmland and the maintenance of a viable agricultural industry
are critical elements of the economy of the Town and contribute towards
the rational allocation of land use within the Town.
B.
Protected farm practices. In order to allow for the viability of
the agricultural industry, farmers shall have the right to undertake
protected farm practices in the active pursuit of agricultural operations,
including but not limited to clearing, grading, plowing, aerial and
ground spraying, the use of legal agricultural chemicals (including
herbicides, pesticides and fertilizers), raising horses, poultry,
small livestock and cattle, processing and marketing produce, installing
water and soil conservation facilities, utilizing crop protection
devices, designing, constructing and using structures, including barns,
stables, paddocks, fences, greenhouses and pump houses, using water,
pumping, spraying, pruning and harvesting, disposing of organic wastes
on the farm, extensive use of farm laborers, training and others in
the use and care of equipment, animals, traveling local roads in properly
marked vehicles and providing local farm produce markets near farming
areas. These activities can and do generate dust, smoke, noise, vibration
and odor and may occur on holidays, Sundays, and weekends, in both
the night and the day. Such activities are presumed to be reasonable
and do not constitute a nuisance unless the activity has a substantial
adverse effect on the public health, safety and welfare.
C.
Notice by Town agencies. The Town Board and the Town Planning Board
shall, as part of any approval of any real property development occurring
within 1,000 linear feet of any property five acres in area or greater
which is encumbered by an agricultural easement or is within an agricultural
district created via § 300 et seq. of the Agriculture and
Markets Law, at the time of such approval, provide for notice of protected
farm practices. In this regard, the Planning Board shall cause all
final realty subdivision maps and condominium maps to bear a notation
that the agriculture use of the particular agricultural land is protected
by the regulation of this chapter. Further, the Town Board shall cause
all final site plans to bear a notation that the agricultural use
of such property is protected by the regulations of this chapter.
The notice of protected farm practices shall be further included in
any permanent covenants and restrictions which are filed as a condition
of a development approval. In the event that, through either the subdivision
review process or the site plan review process, areas of land are
encumbered by an agricultural easement in favor of the Town of Riverhead,
a notice of protected farm practices shall be included in such permanent
covenants and restrictions.
D.
Enforcement. Failure to comply with any provision of this chapter
shall constitute a violation.
A.
Purpose. Pursuant to the provisions of § 247 of the New
York State General Municipal Law, fee simple owners of agricultural
lands may elect to sell and the Town may elect to purchase development
rights associated with said lands pursuant to the conditions, limitations,
terms and provisions as set forth in this section.
B.
Acquisition of development rights.
(1)
The Town Board shall solicit offers for sale to the Town of development
rights to be severed from agricultural lands existing within the Town
of Riverhead.
(2)
Upon the receipt of any offer of development rights for purchase, and subsequent to the acceptance of a real estate appraisal setting forth the market value of the development rights to be acquired, the Town Board shall conduct a public hearing on the question of the acceptance of any such offer(s). Such notice of public hearing shall be duly noticed in the official paper of the Town of Riverhead a minimum of 10 days prior to such hearing. The landowner shall cause a sign to be erected upon the real property indicating the time and place of such hearing, the location of which shall conform to § 105-8E of Chapter 105, Article II, Appeals, Board of, of the Code of the Town of Riverhead. Further, the property owner shall, 10 days prior to such hearing, notify, by certified, return-receipt-requested mail, all owners of real property adjacent to the property and, by regular mail, all property owners within 1,000 feet of the property for which development right acquisition is being considered. An affidavit attesting to this notification shall be presented to the Town Board prior to the hearing.
[Amended 12-1-1998 by L.L. No. 16-1998]
(3)
Within 45 days after the conclusion of the public hearing, the Town
Board shall adopt a resolution either accepting or rejecting such
offer or offers. Prior to any decision by the Town Board upon the
acceptance of offers, the Farmland Preservation Committee shall have
issued a written recommendation to the Town Board.
(4)
The instrument of conveyance transferring the development rights
to the Town shall be executed by the Supervisor on the behalf of the
Town, as well as the grantor, and shall contain a covenant specifically
setting forth the limitations on the alienation of the development
rights as well as the limitations on the use and the enjoyment of
the estate or interest reserved by the grantor as the same are set
forth as of the date of the contract for sale of said development
rights.
(5)
Unless authorized by further amendment to this chapter, development
rights acquired by the Town may be alienated exclusively for sale
to the County of Suffolk.
