Montgomery Town City Zoning Code
§ 235-4.5
Right to farm.
[Added 2-28-2023 by L.L. No. 2-2023]
A.
Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this Town at all times and all such locations, as limited herein, as are reasonably necessary to conduct the business of agriculture. For any agricultural practice, in determining the reasonableness of the time, place, and method of such practice, 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, research and improved technologies.
B.
Agriculture as defined herein is a permitted use on any properties which lie within an agricultural district in any district of the Town and shall not be subject to site plan or special use approval except as identified hereafter.
C.
Agricultural practices conducted on farmland as defined herein shall not be found to be a public or private nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with generally accepted and sound agricultural practices;
(4)
Conducted in conformity with all local state, and federal laws and regulations;
(5)
Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person;
(6)
Conducted in a manner which does not reasonably obstruct the free passage or use of navigable waters or public roadways;
D.
Nothing in this section shall be construed to prohibit an aggrieved party from recovering damages for bodily injury or wrongful death due to a failure to follow sound agricultural practice.
E.
Notification of real estate buyers. In order to promote harmony between farmers and their neighbors, the Town requires land holders and/or their agents and assigns to comply with § 310 of Article 25-AA of the State Agriculture and Markets Law and provide notice to prospective purchasers and occupants as follows: "It is the policy of this state and this community to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products and also for its natural and ecological value. This notice is to inform prospective residents that the property they are about to acquire lies partially or wholly within an agricultural district and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noise, dust and odors." This notice shall be provided to prospective purchase of property within an agricultural district or on property with boundaries within 500 feet of a farm operation located in an agricultural district. A copy of this notice shall be included by the seller or seller's agent as an addendum to the purchase and sale contract at the time an offer to purchase is made.
F.
The following agritourism uses shall be deemed to be permitted components of farm operations in any zoning district in the Town for properties which lie within an agricultural district where they meet the requirements of Subsections G and I hereafter.
(1)
Farm retail outlets;
(2)
Farm stands;
(3)
Farm breweries, farm cideries, farm distilleries, farm meaderies, farm wineries;
(4)
Farm-to-table restaurants;
(5)
Farm vacations including no more than 10 demised units of overnight accommodations;
(6)
Harvest events;
(7)
Farm events for up to 300 people;
(8)
Farm assembly venue with a maximum capacity of up to 300 people;
(9)
Farm education.
G.
The following restrictions shall apply to agritourism uses permitted pursuant to these provisions. These restrictions shall not be construed to apply to those portions of the farm operation not used for agritourism or in support of the agritourism (such as parking areas and outdoor assembly spaces), nor shall such areas of the farm operation be subjected to site plan review by the Town Board or Planning Board as described hereafter.
(1)
The principal use of the lot shall be for a farm operation, and the farm operation and agritourism use shall be located on land meeting the definition of "farmland" and located within an agricultural district. The agritourism use shall be subordinate to the farm operation.
(2)
All agritourism uses shall meet the requirements of the Building Codes of the State of New York. No structures shall be constructed, nor sites cleared, graded or improved in support of an agritourism use before issuance of a building permit by the Building Inspector.
(3)
Agritourism uses involving less than 4,000 square feet of permanent enclosed interior floor area and/or parking areas for less than 75 vehicles shall be deemed minor and subject to expedited site plan approval by the Town Board in accordance with the provisions of Subsection I.
(4)
Agritourism uses involving 4,000 square feet or more but less than 10,000 square feet of permanent enclosed interior floor area and/or parking areas for 75 or more vehicles but less than 150 vehicles shall be subject to expedited site plan review by the Planning Board in accordance with the provisions of Subsection I.
(5)
Where any use proposes 10,000 square feet or more of permanent enclosed interior floor area or parking areas for 150 vehicles or more, such use shall be subject to full site plan review in accordance with the provisions of § 235-16.5.
(6)
No more than one farm event per day is permitted.
(7)
The minimum lot size for the farm operation and agritourism use is 10 acres.
(8)
Any new structure shall meet the yard and height requirements of the zoning district in which the agritourism use is proposed to be located.
(9)
No outdoor areas available for public access shall be located closer than 200 feet from a neighboring residence.
(10)
The use shall be available for inspection annually and at any time upon reasonable advance notification by the Building Department to ensure continuing compliance with these provisions.
(11)
All permits shall be secured from the New York State Department of Health (or other delegated authority) as required by law, including but not limited to any permits for public gatherings, public water supply, food service facilities, sanitary sewer, lodging, etc.
(12)
With the exception of overnight accommodations and setup and cleanup of events, agritourism uses shall only be permitted to operate between the hours of 8:00 a.m. and 10:00 p.m., Monday through Thursday, 8:00 a.m. and 11:30 p.m. on Friday, 9:00 a.m. and 11:30 p.m. on Saturday and 10:00 a.m. and 10:00 p.m. on Sunday and any holiday on which the Town Clerk's office is closed. Regardless of whether or not site plan approval is required for agritourism uses, the Planning Board or Town Board may modify the terms of these restrictions for good cause shown.
(13)
Agritourism uses shall be subject to the provisions of § 235-16 (Administration and Enforcement) except that the time to remedy a violation established by § 235-16.10B of 10 days shall be extended to 60 days, except where the Building Inspector determines an emergency situation exists. The time to remedy shall only be so extended for violations arising from noncompliance with the conditions outlined in § 235-4.5H or imposed as a requirement of site plan approval of the agritourism use. All other requirements shall be subject to the time frames outlined by § 235-16.10B.
(14)
The Town Board may revoke the right to an agritourism use that it finds to be in continuous violation of its approval for 90 consecutive days, which revocation may be for a term of up to three years.
H.
Accessory animal processing. The incidental processing of animals or animal parts is recognized to be a customary accessory use to farm operations and is authorized as a permitted accessory use to any farm operation located within an agricultural district subject to the following requirements:
(1)
The operation does not meet the threshold for requiring a permit from the United States Department of Agriculture.
(2)
No animal processing operations shall be located within 200 feet of a property line.
(3)
No animals shall be processed within substantial public view.
(4)
The animal processing is in accordance with all state and federal requirements.
I.
Expedited site plan.
(1)
A sketched general plan for the site shall be provided on a tax parcel map or other sufficient available base map showing the boundaries and dimensions of the parcel of land involved, and identifying contiguous properties and any known easements or rights-of-way and roadways. The sketch plan shall also include the approximate location of the following. (Note: Parcel maps showing lot lines and aerial photos of the site may be downloaded or printed from the Orange County GIS website at https://gis.orangecountygov.com.)
(a)
Existing features of the site, including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site, shall be indicated on the sketch plan.
(b)
The proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic.
(c)
The proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas or manure storage/manure composting sites.
(d)
Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings.
(2)
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures, or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner.
(3)
If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
(4)
The Planning Board or Town Board shall review the submissions in order to determine that the following limited standards are met:
(a)
Vehicular site ingress and egress are appropriate in number and location and provide adequate sight distance and such turning lanes as are necessary to provide safe vehicular access to the site.
(b)
Adequate parking is provided so as to prevent parking on public roads. Any parking or loading standard of the Zoning Code may be waived where the reviewing board believes that adequate alternative facilities are provided to meet the practical needs of the proposed facility.
(c)
Adequate emergency service access is provided to protect life and property.
(d)
Adequate site lighting is provided to provide safe access by the public, but without resulting in excessive glare or impacts to the night sky.
(e)
Buildings, entrances, walkways, utilities, outdoor assembly areas and other proposed site features are compliant with the Americans with Disabilities Act (ADA)[1] and laid out in a manner that does not endanger life or property or result in significant impacts to the environment or create unreasonable nuisances to neighboring residences.
(5)
No cost for review by professionals shall be charged to the applicant except in unusual circumstances. Where the Planning Board or Town Board retains professionals to review the proposed agritourism use, the fees of such professionals shall be paid by the Town. Other standard Planning Board and Building Department fees may be charged to the applicant, and the Planning Board or Town Board may request review and opinion by the Building Inspector.
(6)
No public hearing shall be required for an expedited site plan review. However, the reviewing board may conduct a public hearing at its discretion if it determines that circumstances warrant such hearing.
(7)
The Planning Board or Town Board shall render its decision upon an expedited site plan review within 60 days of a determination by the Building Inspector that a complete application has been submitted or within 30 days of the closure of any public hearing, whichever is later. The reviewing board may impose any and all reasonable conditions upon a site plan approval which it determines to be in the public interest. Such conditions may include, but not be limited to, the issuance of a five-year approval conditioned upon the applicant submitting annual reports demonstrating that its agritourism use is subordinate to the farming operations on the property and that the agritourism revenue does not exceed a specific percentage of the farm's overall gross revenue in accordance with the requirements of the New York State Department of Agriculture and Markets. If the applicant cannot make the required showing, the reviewing board shall retain the authority to suspend or revoke the agritourism use approval.
J.
State environmental quality review (SEQR). Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming are typically Type II actions pursuant to 6 NYCRR 617.5(c)(4). Farm operations including agritourism uses and accessory animal processing in accordance with this chapter are considered components of agriculture and may therefore qualify as Type II actions pursuant to SEQR when proposed as part of a farm operation. Notwithstanding the foregoing, the reviewing board is vested with the discretion to determine that a proposed agritourism use is either a Type I or unlisted action pursuant to the SEQR regulations which require environmental review prior to approval.