[Added 6-2-2014 by L.L.
No. 3-2014]
It is the intent of this article to encourage a viable farming economy and community and to promote agriculture in the Town of Malta by creating an overlay district of parcels seven acres or more in all areas except those regulated by Article XVI, Downtown Malta Form-Based Code Zoning District, or in planned development districts. Farms provide jobs and support the local economy, fresh foods and rural character and scenic landscape while requiring fewer community services. Furthermore, farms maintain wildlife habitat and other natural resources. This article seeks to sustain these important contributions provided by local farms to residents of the Town of Malta.
A.
This article
is enacted pursuant to the authority and power granted by Municipal
Home Rule of the State of New York, Chapter 62 of Consolidated Laws,
Article 16, in conformance with the Town's Comprehensive Plan and
Agricultural Enhancement Strategy, to promote public health, safety,
comfort, convenience, economy, natural, agricultural and cultural
resources, aesthetics and the general welfare and for the following
additional purposes:
(1)
To
encourage agriculture to continue and prosper and to avoid regulating
agricultural uses in a manner that unreasonably restricts or regulates
farm structures or farming practices.
(2)
To
encourage other economic activities such as forestry, recreation,
vineyards, orchards, and tree farming, as well as the support services
and industries that add value to these uses, such as wood products
and tourist facilities.
(3)
Provide
an opportunity to balance growth and a viable farming economy with
resource protection.
(4)
Provide
residential developments in a manner that preserves the rural character
of the Town while respecting, conserving and enhancing agricultural
opportunities.
(5)
Coordinate
the Town of Malta Comprehensive (Master) Plan, Agriculture and Open
Space Preservation Study, Open Space and Recreation Needs Assessment
Report, Agricultural Enhancement Strategy and other applicable Town,
county, state, federal and regional plans and programs.
(6)
Ensure
consistency between the Town's land use policies and the New York
State Agricultural Districts Law, Chapter 25AA of the Agriculture
and Markets Law, by ensuring that farms are treated fairly and are
not unreasonably regulated.
B.
The provisions
of this article supersede inconsistent provisions of the Town Code.
As used in this article, the following terms shall have the
meanings indicated:
That portion of the Town of Malta, exclusive of the Downtown Malta Form-Based Code District and planned development districts, which is constituted of parcels of seven acres or more.
Those practices which are feasible, lawful, inherent, necessary,
reasonable, normal, safe, and typical to the industry or unique to
the products as they pertain to the on-farm production, processing
and marketing of agricultural products. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop protection methods, manure
application, composting and construction and use of farm structures,
fences and roadside stands.
Those products that include but may not be limited to the
following:
Field crops, including corn, wheat, 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, equids (e.g., horses, donkeys), poultry, camelids (e.g., llamas,
alpacas), ratites (e.g., ostriches, emus), farmed deer or buffalo,
fur-bearing animals, wool-bearing animals, milk, cheese, eggs and
furs;
Apiary (beekeeping) operations;
Woodland products, including maple sap, logs, lumber, posts
and firewood;
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;
Woody biomass, which means short rotation woody crops raised
for bio-energy, and shall not include farm woodland; and/or
Horse boarding and equine operations.
Agriculturally related accessory uses that are subordinate
to the growing of crops or the raising of livestock, designed to bring
the public to a farm on a temporary or continuous basis, such as U-pick
farm sales, retail sales of agricultural products, farm mazes, pumpkin
patches, farm animal viewing and petting, wagon rides, farmland and
facility tours, horticulture nurseries and associated display gardens,
cider pressing, classes or workshops, or wine or cheese tasting.
The use of land, farm buildings and equipment that contribute
to raising, training and boarding of livestock or horses, and the
production, preparation and marketing of agricultural products.
Land, farm buildings and equipment used for the production,
maintenance, preparation and marketing of agricultural products such
as livestock, dairy, equine, poultry, fur-bearing animals, aquaculture,
apiculture, fruit, vegetable and field crop farms, plantations, orchards,
nurseries, greenhouses or other similar operations used primarily
for the raising of agricultural or horticultural products or commercial
boarding and equine operations.
Structures such as barns, commodity sheds, farm worker housing,
garages, direct farm markets, silos, manure storage facilities, stables,
poultry houses and greenhouses used primarily for the production,
processing or marketing of agricultural products.
Markets open to the public, operated by a governmental agency,
a nonprofit corporation, or one or more farmers, at which:
A sign erected for a limited period of time for retailing
and marketing agricultural products and/or agricultural tourism, that
is, seasonally for a period not exceeding two weeks before such items
are offered and terminating when such items are no longer offered.
A structure from which are sold predominantly agricultural
products and related goods to the general public.
A structure that is clearly accessory to an agricultural
operation and occupied by farm workers employed on the premises and
which may include such workers' families.
The raising, breeding, training, boarding or sale of equids
or providing care, housing, health-related services and training to
such animals kept on the premises.
Farm animals such as cattle, sheep, hogs, goats, equids (e.g.,
horses, donkeys), poultry, chickens, turkeys, ducks, geese, camelids
(e.g., llamas, alpacas), ratites (e.g., ostriches, emus), farmed deer
or buffalo, fur-bearing animals, wool-bearing animals raised for home
use or for profit.
An occupation, profession, or commercial use that is customary,
incidental or secondary to the agricultural use of a property and
is consistent with the character of the neighborhood.
An enhancement or improvement of the overall value of an
agricultural commodity or of an animal or plant product produced on
the farm to a higher value. The enhancement or improvement includes,
but is not limited to, marketing, agricultural processing, transforming
or packaging, education presentation, activities and tours
A.
Any owner
or possessor of real property covered by this chapter, as well as
those employed, retained or otherwise authorized to act on behalf
of such individual, may lawfully engage in agricultural practices,
farm-direct marketing and agricultural tourism within the Town of
Malta at any and all such times and in all locations as are reasonably
necessary to conduct agriculture. For any agricultural practice, in
determining the reasonableness of the time, place and methodology
of such operation, due weight and consideration shall be given to
both traditional customs and procedures in the farming industry, as
well as to advances resulting from increased knowledge and improved
technology.
B.
There
shall exist a presumption that no agricultural use that conforms to
all relevant federal, state or local statutes, rules and regulations
or ordinances and which does not pose a direct threat to public health
and safety shall constitute a public nuisance, nor shall any such
use be deemed to otherwise invade or interfere with the use and enjoyment
of any other land or property.
C.
The Planning
Board and Zoning Board of Appeals shall ensure that the Town follows
required procedures from New York State Agriculture and Markets Law
25AA, §§ 305 and 305-a, prior to all zoning, subdivision
and site plan approvals in and within 500 feet of a designated New
York State agricultural district. All requirements, including the
notice of intent, agricultural impact statement, and review of the
application by the Saratoga County Agriculture and Farmland Protection
Board, shall be followed. The Town shall ensure that local planning
approvals recognize the policy and goals of the New York State Agricultural
Districts Law and avoid unreasonable restrictions on farm operations
with such districts. Furthermore, site plan review shall not be required
for allowed agricultural uses as defined herein.
A.
Uses allowed
in the Town of Malta Agricultural Overlay District. In addition to
the uses allowed in the underlying use district, including any and
all types of agricultural production, other uses allowed by right
include:
(1)
Forest,
wildlife and game management.
(2)
Equestrian
trails.
(3)
Nature
trails and walks.
(4)
Agriculture.
(a)
The production, packing and storage of value-added agricultural products
is permitted. The management of manure shall be done in a prudent
manner consistent with sound agricultural practices.
(5)
Farm
stand.
(6)
Farmers
markets.
(7)
Agricultural
tourism.
(8)
Horse
boarding.
(9)
Farm
sign(s).
(a)
Farm signs on the farm within the overlay district shall not be placed
in a manner that impairs the safety of adjacent roadways.
(b)
Farms sign(s) located off the farm, within or without the overlay
district, as is reasonably necessary to direct the public to the farm.
Farm signs located off the property shall not be greater than 12 square
feet in size and shall not be placed in a manner that impairs the
safety of adjacent roadways.
B.
Uses permitted
in the Town of Malta Agricultural Overlay District by special permit.
(1)
In
addition to the uses allowed in the underlying district, the following
uses may be permitted by special use permit:
(a)
Farm worker dwelling. (Note: A special use permit is not necessarily
required within agricultural districts as defined in the New York
State Agriculture and Markets Law. This provision is not intended
to supersede the provisions of the New York State Agriculture and
Markets Law.)
(b)
Rural business.
[1]
No more than three acres of land shall be devoted to such use, including
areas used for structures, parking, storage, display, setbacks, and
landscaping. Any lane serving the rural business and a home and/or
farm contained on the same lot shall not be included as lot area devoted
to a rural business. No additional lane or curb cut to access the
rural business shall be allowed.
[2]
No more than 50% of the area devoted to a rural business shall be
covered by buildings, parking lots, or any other impervious surface.
[3]
The owner or occupant of the farm must be engaged in the rural business.
[4]
No more than two full-time and two part-time persons, other than
individuals who reside on the farm may be employed in the rural business.
[5]
The use must be conducted within a completely enclosed building typical
of farm buildings.
[6]
Any outdoor storage of supplies, materials or products shall be located
behind the building in which the rural business is conducted.
(2)
Prior to issuing a special use permit, the Planning Board shall consider, in addition to the criteria set forth in § 167-38.1:
(a)
The statement of purpose of this article;
(b)
The proposed use for a location in an area;
(c)
The availability of alternative locations;
(d)
Compatibility with existing or permitted uses on adjacent lands;
(e)
The need for public services created by the proposed use;
(f)
The effect of the proposed use on water, air or soil resources and
on rare or irreplaceable natural or cultural resources;
(g)
The location of the use so as to minimize the interruption of scenic
views;
(h)
Parking; and
(i)
Any other site elements which to the Planning Board appear relevant
(3)
Conditions
which may be attached to special permit approval include, but are
not limited to:
The provisions of Article XI shall apply to all major subdivisions of seven acres or more within the Agricultural Overlay District.
