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[Added 9-19-2001 by L.L. No. 8-2001[1]]
[1]
Editor's Note: This local law also provided for the renumbering of former Art. XXVIII, Fees, as Art. XXX.
A. 
The Town of Yorktown has determined that farms constitute a significant place in the history of the Town, provide a sense of the historical landscape, constitute areas of open space and contribute to the diversity of land uses and economic base of the Town. Several remaining farms in the Town embody these attributes and are located in areas which experience residential development pressures. The intent of this legislation is to promote the conservation, in whole or in part, of these farms to benefit the quality of life of all residents of the Town of Yorktown.
B. 
All existing farms of 30 acres or more within the Town of Yorktown are eligible for mapping of a Farmland Preservation Overlay District. The application of the overlay does not in and of itself change any current utilization of property for farm purposes but rather enhances the opportunity for preservation of some or all of the property for farm uses in the event of future development.
C. 
In the event of development of a property within a Farmland Preservation Overlay District for residential purposes, the cluster provisions of the Zoning Chapter will be utilized, if a farm preservation and maintenance plan is established, a perpetual operating farm preserve will be reserved in perpetuity, and density of the residential cluster will be increased by 25% over and above the underlying permitted density. If no farm preservation and maintenance plan is established, only a farm open space preserve, a significant area of open space, will have been preserved and residential density will comply with that of the underlying residential district.
As used in this article, the following terms shall have the meanings indicated:
AREA OF A FORMER FARM
For purposes of the Farmland Preservation Overlay District, all the tax lots, regardless of ownership, constituting a farm as of the date of adoption of this article, without regard to natural subdivisions created by intervening public streets.
FARM OPEN SPACE PRESERVE
The area of a former farm which constitutes a minimum of 35% of the land area and no less than 10 contiguous acres of that portion of a former farm which is set aside as open space or farmland in a Farm Preservation Overlay District. The farm open space preserve must include that portion of the farm which was actively used for the growing of crops or grazing of animals and farming-related and barn or stable buildings. However, if the acreage of the areas that were actually used for farming purposes is less than the required 35% of the total farm's acreage (sum of lands that were farmed, unfarmed, fallow, used as accessory uses, environmentally constrained, etc.), other contiguous lands that are part of the farm may be used to create the farm open space preserve. In no case shall the total be less than 35% of the entire farm or less than 10 acres.
FARM PRESERVATION AND MAINTENANCE PLAN
A plan devised in the event of development of a farm site located within a Farmland Preservation Overlay District which establishes mechanisms for preserving a minimum of 35% of the original farm and no less than 10 acres of contiguous farmland in perpetuity for farming purposes as an operating farm open space preserve in exchange for a twenty-five-percent density increase over and above the permitted cluster residential density of the underlying zoning district.
PERPETUAL OPERATING FARM PRESERVE
That area of the farm open space preserve which is preserved in perpetuity as an operating farm within a Farm Preservation Overlay District.
In any Farmland Preservation Overlay District, no buildings or premises shall be used, and no buildings or part of a building or structure shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the following uses, provided that a site plan of development is approved by the Planning Board, after public notice and hearing, as being in conformity with this article:
A. 
Farms, farm use or customary farm operation. Farms shall conform to the provisions of Article VII, § 300-45.
B. 
Farm-related uses.
C. 
Limited farm residential uses, including a farmhouse and accommodations for farm employees, limited to a maximum lot size of one acre each.
D. 
Permanent open space.
A. 
Uses permitted both within and outside of the areas designated as the perpetual operating farm preserve or farm open space preserve:
(1) 
Farm fairs and 4-H fairs. Such uses shall be temporary operations which include activities solely related to farms and farming.
(2) 
Bed-and-breakfast establishments, Such establishments shall be housed in existing farm buildings or in newly constructed buildings whose design shall be in keeping with the design of the existing farm buildings and which shall have a maximum of 10 bedrooms. The maximum square footage of such buildings shall be 5,000 square feet. The maximum zoning envelope lot shall be one acre for such use and related parking. There shall be one parking space for each bedroom.
(3) 
Commercial farm stores. Maximum square footage of such buildings shall be 10,000 square feet. Parking shall be provided at one space for every 250 square feet of store space. Parking areas should be clearly identified areas but can be gravel and not fully paved. The maximum zoning envelope lot shall be one acre for such use and related parking. Such stores shall be permitted only in conjunction with an operating farm.
(4) 
Equestrian centers, nature centers or interpretive centers. Maximum square footage of buildings serving such centers shall be 10,000 square feet. In no event shall such centers operate as commercial livery stables which offer the use of horses on an hourly or daily basis.
(5) 
Agricultural-related museums or educational centers, historic agricultural centers/offices, or historic cultural museums.
B. 
Uses permitted only outside the area designated as the perpetual operating farm preserve or farm open space preserve.
(1) 
Cluster residential development based on the density and cluster regulations applicable to the underlying zoning district.
(2) 
Cluster residential development based on a twenty-five-percent density incentive increase over and above the cluster regulations applicable to the underlying zoning district in conjunction with creation of a farm preservation and maintenance plan and establishment of an operating farm preserve. Farm open space preserves shall be no less than 35% of the total acreage of the land within the Farm Preservation Overlay District or less than 10 acres and shall include that portion of the farm which was actively used for the growing of crops or grazing of animals and farming-related and barn or stable buildings prior to designation within the overlay district and determined to be viable for continued farming. No farm preserve shall be fewer than 10 acres. Farm preserves shall conform to the provisions of Article VII, § 300-45, with the exception of Subsection E.
All uses permitted under this district shall conform to the following general regulations:
A. 
Applicable zoning districts.
(1) 
The Farmland Preservation Overlay District can be applied in the R1-40, R1-80 and the R1-160 Districts.
B. 
Density calculation for cluster residential uses.
(1) 
Cluster residential uses. The clustering and flexibility standards of Article XXV shall be applied to residential uses located within Farm Preservation Overlay District underlying zones of R1-40 or R1-80. The R1-200 large-lot clustering standards of Article XXVI shall be applied to residential uses located within Farm Preservation Overlay District underlying zones of R1-160.
(2) 
Development incentive (density) bonus. In the event of establishment of a farm preservation and maintenance plan, as determined below, which would establish and be applicable to the land otherwise set aside as permanent open space and/or farm use, which would then be known as the perpetual operating farm preserve, the permitted density applicable to the non-farm-preserve cluster subdivision would be 25% above and beyond the density permitted by the established underlying district.
C. 
Open space for cluster residential uses with farm open space preserve.
(1) 
A minimum of 35% of the total acreage of the parcels comprised of the original farm parcels within the Farm Preservation Overlay District shall be preserved as open space as a defined farm open space preserve in the event of cluster residential development. The area so designated shall be a contiguous parcel and constitute that area previously used for farming and growing of crops or grazing of animals and farming-related and barn or stable buildings deemed suitable for continued farming purposes and shall be so identified in the cluster subdivision plan. Preservation of the farm open space preserve parcel which could continue to be actively farmed shall be ensured in accordance with the provisions of Article XXV, Clustering and Flexibility Standards, § 300-214, Open space preservation, of the Town Zoning Chapter.
D. 
Parcel standards.
(1) 
Minimum parcel size. No parcel within a Farm Preservation Overlay District shall be less than 30 acres.
(2) 
Minimum operating farm preserve and open space. No operating farm preserve or contiguous open space parcel shall be less than 10 contiguous acres.
E. 
Architectural design standards.
(1) 
Commercial farm stores shall have pitched roofs and shall have a maximum building length of 100 feet. All building designs shall be in keeping with existing farm and barn buildings.
A. 
To establish a perpetual operating farm preserve on the minimum 35% open space set aside of a cluster subdivision, and thereby receive a development incentive equal to an additional 25% of the units permitted in the underlying zoning district, an applicant shall prepare, demonstrate the feasibility of, and implement a farm preservation and maintenance plan.
B. 
A farm preservation and maintenance plan shall identify all farm and farm-related buildings that are to be utilized for direct farming purposes. A landscaped buffer area of 50 feet shall be provided between an operating farm preserve and adjacent residential uses. The farm plan shall identify the mechanism which will ensure continuation of the farm use and maintenance of the farm buildings. Such mechanisms could include, but are not limited to, contribution of the operating farm preserve to a land trust or establishing an escrow account to pay the salary of a farm preservation officer within the Town to oversee the operating farm preserve in perpetuity.
C. 
Approval. The farm preservation and maintenance plan shall be submitted to the Town Board as part of the cluster subdivision application. The plan shall be referred for recommendation to the Planning Board. The preservation and maintenance plan shall be approved by the Town Board prior to granting of the special permit approval.