The intent of the Agriculture Protection Zoning Use District
(APZ) is to facilitate existing and future agricultural land uses;
to preserve existing prime agricultural soils; to maintain highly
productive agricultural lands by limiting encroachment of nonagricultural
development; to minimize the conflicts between agricultural and nonagricultural
uses; to discourage residential sprawl and minimize adverse fiscal
impacts through the extension of municipal services; to maintain agricultural
vistas; to promote agro-tourism; and to preserve the rural character
of the Town of Riverhead.
In the APZ District, no building, structure or premises shall
be used or arranged or designed to be used, and no building or structure
shall be hereafter erected, reconstructed or altered, unless otherwise
provided in this chapter, except for the following permitted uses
or specially permitted uses and their customary accessory uses:
A. Permitted uses:
(1) Agricultural production, including but not limited to the following:
(a)
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes, and dry beans.
(b)
Fruits, including apples, peaches, grapes, cherries and berries.
(c)
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
(d)
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
(e)
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals,
milk, eggs and furs.
(f)
Christmas trees grown in a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
(g)
Commercial horse-boarding operations.
(3) Attached single-family dwellings within a cluster subdivision.
[Amended 7-19-2005 by L.L. No. 34-2005]
(4) Riding academy, corral or facilities for the training of horses,
including but not limited to private polo chukkers.
(5) Greenhouse, provided that the subject parcel is a minimum of five
acres. A permanent greenhouse to be used for retail sales shall be
subject to site plan review and approval.
[Amended 9-6-2006 by L.L. No. 36-2006]
B. Specially permitted uses, by special use permit of the Town Board:
[Amended 1-21-2009 by L.L. No. 5-2009; 4-7-2009 by L.L. No.
11-2009]
(2) Overhead electrical power transmission and distribution lines in
excess of 13 kilovolts.
(4) Educational institution without boarding facilities or dormitories,
private.
(5) Day-care facility conducted in a residence.
(6) An accessory dwelling unit with a maximum living area of 1,000 square
feet on a lot of 10 acres or more, provided that the total number
of dwelling units yielded by the original subdivision creating such
lot is not exceeded.
(7) Professional offices of attorneys, architects, medical doctors, or
dentists, provided that the subject real property conforms to the
following conditions:
(a)
The property is improved with a single-family residence at the time of the adoption of this Subsection
B(7).
(b)
The professional office use shall be within the building footprint
of the existing single-family residence.
(c)
The property has frontage along New York State Route 25 between
Route 105 and the Town boundary with the Town of Southold.
(8) Home occupations or professions conducted within an accessory building
by the residents thereof.
[Added 6-2-2010 by L.L. No. 13-2010]
C. Accessory uses. Accessory uses shall include those uses customarily
incidental to any of the above permitted uses or specially permitted
uses when located on the same lot. Specifically permitted are the
following:
(1) Home occupations or professions conducted within the dwelling by
the residents thereof.
[Amended 6-2-2010 by L.L. No. 13-2010]
(2) The sale at retail of homegrown or homemade products, provided that all retail uses shall be subject to approval pursuant to Article
LIIA, Farm Stand Review, of this chapter and all provisions set forth in Article
LIIA, including but not limited to the definitions and principal use criteria set forth in §§
301-283.2 and
301-283.4.
[Amended 5-6-2008 by L.L. No. 16-2008; 10-6-2015 by L.L. No. 19-2015]
(3) Agricultural worker housing pursuant to the requirements of §
301-239.
No dwelling shall be erected unless provisions shall be made
therein as follows:
A. For a single-family dwelling, exclusive of attached garages, carports,
unenclosed porches and breezeways, there shall be provided not less
than 1,500 square feet of living area.
No buildings shall be erected nor any lot or land area utilized
unless in conformity with the Zoning Schedule incorporated into this article by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified. Further, all nonagricultural
buildings constructed within the APZ shall be of a design and incorporate
exterior materials as to exhibit rural character.
[Amended 1-21-2009 by L.L. No. 3-2009]
A. Purpose and intent. It is the purpose of this article to require
cluster development pursuant to § 278 of the Town Law in
order to allow for maximum flexibility in achieving a compatible arrangement
of agricultural and residential land uses and to protect prime agricultural
soils and scenic vistas without impeding agricultural land use on
a portion of a property or on adjacent or nearby properties.
B. In order to accomplish the clustering of residential lots within
the APZ, an applicant for subdivision shall provide a standard yield
plan and a cluster plat which succeeds in preserving agricultural
land for agricultural use to the greatest extent practicable. In its
review of a cluster subdivision plat, the Planning Board shall consider
the following:
(1) The location and extent of prime agricultural soils;
(2) The location of wooded areas;
(3) The location and extent of natural features;
(4) The general topography and the location and extent of sloped areas;
(5) The spatial relationship of the property to contiguous or neighboring
preserved agricultural land;
(6) The general stormwater tributary area and the extent and direction
of overland drainage.
C. Cluster development in this article shall require that a minimum
of 70% of Class I or Class II prime agricultural soils are preserved
through the creation of farm lots or preservation of 70% of land as
open space, recording of agricultural or open space easements which
restrict division of said lot(s), coverage and such other items as
the Planning Board deems appropriate to preserve the agriculture and
scenic vistas created by the farm lot or open space area.
D. The Planning Board may approve a cluster subdivision with a reduced
percentage of preserved prime agricultural soils or open space based
upon unique characteristics of land such that public utilities, streets,
arrangement of lots or existence of natural features require development
with less than 70% preservation of prime agriculture soils or open
space. In the event that the Planning Board approves a cluster subdivision
that preserves less than 70% of prime agricultural soils or open space,
the Planning Board must set forth all considerations, practical difficulties,
and/or reasons supporting a decision to approve the cluster plat within
the resolution approving the preliminary plat. In no event may the
Planning Board approve a cluster subdivision plat with less than 50%
of the area of the tract being preserved as prime soils or open spaces
area.
[Amended 1-21-2009 by L.L. No. 3-2009]
The following guidelines are to be applied in addition to Article
LIII, Subdivision Regulations, and Article
LIV, Cluster Development, in this chapter, and shall apply to all cluster subdivisions within the APZ:
A. The cluster subdivision plat shall be designated so as to situate
the agricultural lots or open space along Sound Avenue or NYS Route
25 or adjacent to existing agricultural lots or preserved land or
such other location such that maximum preservation of agricultural
and scenic vistas are achieved.
B. The cluster subdivision plat must locate and arrange the residential
lots so as to protect, to the maximum extent practicable, that portion
of the tract preserved for agricultural use.
C. The cluster subdivision plat must depict an arrangement of residential
lots so as to reduce, to the maximum extent practicable, any nuisance
or conflict between residential and agricultural uses, both within
the tract and in relation to adjoining and nearby tracts and to demonstrate
compatibility of the cluster plat with existing residential development
and agricultural land uses.
D. The residential portion of the cluster subdivision plat must be so laid out, and protected during construction, as to remain as harmonious to the greatest extent practicable with the natural environment, minimizing the clearing of treed areas, the grading of earth, removal of soils, and precluding the disturbance of surface waters and wetlands and other similar disturbances of the natural environment pursuant to Chapter
295, Wetlands, of the Riverhead Town Code.
E. The agricultural lot shall be laid out so as to provide for one building
area, and said building area shall be counted towards yield. The Planning
Board shall describe the square footage of the building area, and
the Planning Board may, in its discretion, require that the building
area be plotted on the subdivision map. The Planning Board shall require
covenants and restrictions to enforce dimensional requirements, lot
coverage, impervious surface limits, retention or plan for all stormwater
runoff for both the residential and agricultural component of the
subject property as set forth in the Town Code, and such other items
the Planning Board deems appropriate to conform with the intent of
the cluster regulations, including, but not limited to, location and
limitation of parking, outdoor storage, clearing limits, and means
of ingress and egress. The Planning Board shall require covenants
and restrictions to be filed affecting the aforestated prior to issuance
of final plat approval.
F. The agricultural lot must be laid out so as to provide a minimum
lot size of 10 acres. An agricultural lot with a lot size greater
than 20 acres shall only be divided if required to ensure appropriate
arrangement of lots, streets and public utilities or preserve or highlight
existence of natural features. An agricultural lot shall prohibit
erection, construction or placement of any structures, permanent or
temporary, without prior approval of the Planning Board.
G. The Planning Board shall not cluster lots in order to create golf
courses, playgrounds, tennis courts, swimming pools or any other amenity
as required open space. The sole purpose of the cluster plat is to
preserve agricultural land for agricultural use and other natural
features and open space to the greatest extent practicable.
H. The Planning Board may review applications for cluster subdivisions which preserve standard golf courses that exist as of the date of enactment of the amendment of this Subsection
H, subject to the following restrictions:
[Added 1-21-2009 by L.L. No. 11-2009]
(1) The yield shall be 66% of the yield allowed in the applicable zoning
use district.
(2) As set forth in §
301-207, there shall be no allocation of preservation credits made for the real property improved with a standard golf course, including that portion designated for the residential cluster.
(3) Cluster subdivision shall be limited to homeowner association realty subdivisions. The Planning Board shall not entertain or approve condominium maps pursuant to Article
LVIII, Condominium Maps, of this chapter.
(4) All residential units shall be restricted to owners and occupants
of the age of 55 years or older with the following exceptions:
(a)
A husband and wife under the age of 55 years who resides with
his or her spouse who is 55 years of age or over.
(b)
Children and grandchildren residing with their parents or grandparents
where one of said parents or grandparents with whom the child or children
or grandchild or grandchildren is/are residing is 55 years of age
or older, provided that said child or children or grandchild or grandchildren
are over the age of 19 years.
(c)
Adults under 55 years of age may be admitted as permanent residents
if it is established to the satisfaction of the Town Board that the
presence of such person is essential for the physical care and economic
support of the eligible older person.
With the exception of lots improved prior to the enactment of zoning within the Town of Riverhead, a lot held in single and separate ownership and having legal improvements upon it at the effective date of this article shall not be considered nonconforming pursuant to §
301-222 as to lot area and setback requirements. Such improved properties shall be entitled to maintain the existing lot areas and setbacks that were required at the time the structures were issued certificates of occupancy. To preclude an unintended merger of nonconforming lots due to the zoning changes adopted herein, a twelve-month grace period commencing with the effective date of this article shall be imposed to provide those whose lots would merge by operation of law the opportunity to checkerboard the ownership of their lots to preclude the merger.