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Broome County, New York |
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Agricultural Planning Guidelines |
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October 2001 |
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Prepared by: Broome County Agricultural and Farmland Protection Board |
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In cooperation with: The Broome
County Department Planning and Economic Development |
| This publication is based on a similar guide developed by Thomas J. Shepstone, AICP and Alan J. Sorensen, AICP, for the Schoharie County, New York Planning and Development Agency and the "Is your town farm friendly" survey developed by Gary Matteson for the University of New Hampshire Cooperative Extension Service and the New Hampshire Coalition for Sustaining Agriculture (see http://coopext1.unh.edu/sustainable/farmfrnd.cfm). |
This publication has been prepared to help guide local planning board members, agricultural and farmland protection board members and elected officials in their review of development applications that affect farmlands.
The regulation of land use within agricultural areas requires balancing of growth with protection of prime farmland and, even more importantly, the rights of farmers to engage in sound agricultural practices. Good planning can help avoid future conflicts, allowing agriculture itself to grow and develop.
Land use planning and zoning with regard to agriculture cannot be rigid - the flexibility to adapt based on circumstances is critical. Many large farming operations involve a variety of land uses that may include housing for farm workers, the manufacturing of agricultural products, trucking operations, machinery repair, warehousing, or retail sales of farm products.
The impacts of a particular farming enterprise will depend the intensity of the activity, the nature of the land involved and the amount of buffer area between agricultural and residential activities. Arbitrary standards common to other commercial, industrial and residential uses, therefore, don't work well in dealing with agricultural issues.
Section 305-a of New York State Agricultural Districts Law prohibits towns from employing land use regulations to unnecessarily restrict the operation of farms within locally adopted agricultural districts. It also provides for the preparation of an Agricultural Data Statement if the proposed action " involves a special use permit, site plan application, use variance, or subdivision application on a property within an agricultural district containing a farm operation or on property with boundaries within five hundred feet of a farm operation located in an agricultural district."
These provisions demonstrate a commitment by the State to agricultural protection. While they restrict local government from over-regulating agricultural activities, they also offer a mechanism for avoiding conflicts between farm and non-farm neighbors, that towns might otherwise have to arbitrate, by means of prior notification.1
Use of Agricultural Data Statements in connection with a proposed subdivision adjacent to a large dairy farm, for example, will put prospective homebuyers on notice that spreading of manure on adjacent fields may create smells during certain parts of the year that a one-time visit to the site may not reveal. It will also inform them that this is an ordinary and sound practice to be expected in an agricultural area.
The primary function of the Agricultural Data Statement is to ensure notification at the front end.2 It also, however, allows a Planning Board to consider and suggest alternatives to the conventional subdivision. These include use of conservation subdivision techniques where smaller residential lots are permitted in exchange for the preservation of open space between the two uses. This is further explained in Section 4.1 of this report.
What follows is an overview of agricultural planning principles coupled with some specific examples of how to address various land use conflicts associated with agricultural practices and non-farm uses in agricultural areas.
| Footnote No. 1 - Such actions are also required to be referred to the County Planning Board for advisory opinions pursuant to Section 239 L, M, and N of General Municipal Law. |
| Footnote No. 2 - Farmers are protected by the requirement that, prior to the sale of land within an agricultural district, the buyer must be informed that adjacent farm operations may generate certain noise, dust and odors. Disclosure prior to sale offers farmers a defense to private nuisance lawsuits. |
2.0 JUST HOW FARM FRIENDLY IS YOUR TOWN?
The University of New Hampshire Cooperative Extension Service and the New Hampshire Coalition for Sustaining Agriculture have developed a checklist to help towns evaluate just how farm friendly they are. A modified version tailored to Broome County is offered below:
Planning Questions
Zoning Questions
Does your town zoning law:
Other Questions
3.0 THE CORE PRINCIPLES OF AGRICULTURAL PLANNING
Some of the basic principles of agricultural land use planning and zoning are as follows:
3.1 Farming is More Than Raising Animals and Crops.
Agricultural enterprises, by their nature, often comprise a variety of land uses. Given the low profit margin of most agricultural operations, farms often include accessory commercial operations intended to supplement the primary sources of farm income.
Farms may include sand and gravel operations, firewood production, feed manufacturing, farm stands, tourism features, slaughterhouses, wineries and assorted other complementary activities, depending on the type of the operations.
These accessory activities assist in stabilizing farm incomes by allow farmers to add value to farm products and direct market them for additional profit. This, in turn, helps preserve working landscapes offering valuable open space to the community.
Therefore, broad latitude to allow these uses is required. The intensity of these uses should be the basis for determining whether they should be regulated.
Traditional family farm stands, for example, should be permitted as accessory uses to the farm operations as a matter of right although a building permit application for a larger commercial farm market might might warrant site plan review.
Reasonable regulation to address issues such parking and access is appropriate. The key is not to exclude ancillary agricultural activities from on-farm locations.3
The best way to accomplish this is to encompass broad definitions of agriculture and agricultural accessory activities in the text of any land use or zoning regulations. Such a definition follows:
| Agriculture - Any activity connected with the raising of crops, livestock or production of livestock products, including but not limited to field crops, fruits, vegetables, horticultural specialties, livestock and livestock products, furs, maple sap, Christmas trees, aquaculture products and woody bio-mass. This shall encompass any activity or use now permitted by law, engaged in by or on behalf of a farmer in connection with farming including, but not limited to; housing for farm workers; stables and other tourist activities; the collection, transportation, distribution and storage of animal and poultry waste; storage, transportation and use of equipment for tillage, planting, harvesting and marketing; transportation, storage and use of fertilizers and limes, and legally permitted insecticides, herbicides, and fungicides; construction of farm structures and facilities, including farm wineries and other on-farm food processing; construction and maintenance of fences and other enclosures; and the use and/or maintenance of related pastures, idle or fallow land, woodland, wetland, farm ponds, farm roads and certain farm buildings and other structures related to the agriculture practices. Agriculture shall also include the processing and wholesale and retail marketing, including U-pick sales, of the agricultural output of the farm and related products that contribute to farm income, including the sale at the owner's farm stand of agricultural products so long as a substantial portion of the annual gross sales of the farm stand have been grown on said farm. |
| Footnote No. 3 - A recent example from another County illustrates the point. A large landowner near a hamlet operated a vineyard and a small retail farm market operation adjoined by recent homebuyers delighted with the open space. However, when the owner decided to put up a winery on the farm, these same neighbors took the position that this was a commercial use that "belonged in town." The municipality could have avoided this conflict if it had broadly defined agricultural to include on-farm processing and ancillary agricultural activities. A reasonable standard might be that at least one-thirtd of the raw product must be produced from the farm on which it is located or of which it is a part (farms can include multiple unconnected properties). |
3.2 Buffers Between Farm and Residential Uses Are Essential
Residences placed too close to farms can create unnecessary conflicts with farming activities over noise, dust and odors. These potential conflicts, however, can be greatly mitigated with the provision of open space buffers between the uses. Buffers also provide farmers with protection from adverse impacts associated with adjacent residents driving off-road vehicles into crop areas, other trespassing impacts, stormwater runoff, broken bottle litter problems and similar problems.
When residential subdivisions are proposed in close proximity to a farming operation, the responsibility of providing a sufficient buffer between the proposed home sites and the farm should be placed on the developer, not the farmer. This can be accomplished by substantially increasing minimum lot sizes for residential development within agricultural zones, requiring greater setbacks of residences along side and rear lot lines and limiting the range of residential uses allowed in these areas. These measures help to increase the separation distances between farm and residential uses.
A number of Pennsylvania, Maine and Maryland communities, for example, have required that dwellings be setback a minimum of 100 feet from land in any designated agricultural zone or tract. It is not uncommon for this distance to be increased to as much as 500 feet in the case of dwelling units proposed adjacent to intensive livestock operations within designated agricultural districts.
There are also a number of communities that have enacted agricultural protection zoning (APZ) regulations sharply limiting subdivision activity within specified prime agricultural areas. Minimum lot sizes of as much 25 acres have been imposed in these areas to effectively prevent subdivision for other than farm purposes.
More typical, however, is a sliding scale formula that provides for a maximum number of dwellings decreasing proportionally as the size of the tract increases. This is usually accompanied by a requirement that the house lots themselves be restricted in size to avoid consuming too much farm land.
The overall impact of such regulations is to keep both the total number of dwellings created from a given farm and the land consumption associated therewith as low as possible. This concept works well with the "conservation subdivision" approach discussed below.
A simple but practical approach is also incorporated in the following sample language:
| Farm and Residential Buffers - New residences within or adjacent to agricultural districts shall be limited to single-family dwellings setback a minimum of 100 feet from all rear and side lot lines shared with a farm tract lying within the district. The Planning Board may require that this buffer area be increased to as much as 300 feet and planted with trees where the proposed dwelling adjoins any existing intensive livestock, agricultural processing or manure disposal operation. |
Other uses within agricultural districts should be limited to support and complementary activities. Ag zoning district boundaries should generally follow those of New State State Agricultural Districts. The following is a list of uses appropriate in such districts:
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Agricultural Protection District |
| Principal Permitted Uses: |
1. Agriculture (see definition) |
2. Cemeteries |
3. Forest uses |
4. Greenhouses and nurseries |
5. Single-family dwellings (see special standards) |
6. Wildlife preserves |
| Special Uses: |
1. Bed and breakfast operations |
2. Campgrounds |
3. Clubhouses |
4. Communications towers |
5. Farm equipment sales and repair |
6. Farm and feed stores and feed manufacturing |
7. Houses of worship |
8. Kennels |
9. Tool and die and other light manufacturing uses |
10. Outdoor recreation facilities |
11. Sawmills |
12. Veterinary offices and animal hospitals |
| Accessory Uses: |
1. Home occupations |
2. Signs |
3. Other uses customarily incidental to Principal Permitted and Special Uses |
The above list can be modified to add or delete uses as appropriate to individual communities but it is representative of those uses that are generally compatible with agriculture.
The agriculture uses can also be broken down into Principal Permitted, Special and Accessory Uses. This provides municipalities with somewhat more control but can easily become confusing when incidental activities not specifically listed are proposed. It also runs the risk of conflicting with the New York State Agricultural District Law. A simple approach that broadly defines all agriculture in one category is usually more appropriate. Towns can always reserve the right to require site plan review of specified activities that pose particular health and safety concerns. Some communities, indeed, classify intensive livestock operations as Special Uses so as to have the authority to require special setbacks.
Communities have to very cautious, however, in enacting any land use regulations imposing special requirements on agricultural uses. If the located in an official Agricultural District, the proposed use is subject to Section 305-a(1)(a) of the Agriculture and Markets Law (and 283-a of the Town Law) that states local governments cannot "unreasonably restrict or regulate farm operations...unless it can be shown that the public health or safety is threatened."
Regulations brought to the attention of the Department under this provision are evaluated on the basis of whether they are reasonable on their face and as applied to a particular situation. This means a given rule found reasonable in one situation may still be found unreasonable in another, depending on the nature of the individual circumstances.
Such problems can be avoided by: 1) permitting the broadest possible range of agricultural uses possible within agricultural districts and 2) applying needed setback and buffer requirements on the new non-farm uses proposed within the district. Should standards be proposed for particular application to agricultural uses they should first be reviewed with the Department of Agriculture and Markets.
3.3 Prime Farmland Should Be Protected from Development
The American Farmland Trust is the best overall source of information available on farmland protection. They have offer technical assistance and excellent publications on a wide variety of approaches including conservation easements, purchase or lease of developments rights and the agricultural protection zoning discussed above. There are, nevertheless, certain measures that are wholly within the province of municipal planning authorities to employ.
These include "conservation subdivision" techniques (also known as "cluster development") designed to accommodate residential growth while ensuring that prime agricultural soils remain in production. Under conservation subdivision provisions, a landowner is allowed to develop a property to the same density as allowed under present zoning, and sometimes even higher with bonuses for additional farmland protection. However, smaller lot sizes are permitted in exchange for the preservation of the open space or farmland.4
For example, if a 100 acre parcel is zoned for a minimum lot size of 2 acres, a developer could create 50 residential lots from it, assuming no environmental constraints. If the developer used a conservation subdivision approach, however, the 50 lots would be clustered on perhaps 25 acres (one-half acre each), leaving seventy-five (75) acres as open space. This land could then be available for crops and other agricultural uses that would actually complement the residences by preserving the open space setting attracting them to the area. A portion of the open space could, of course, also be used to buffer the two uses.5
This technique, where a farm operation is included as an integral component of the subdivision plan, can be an effective means of preserving prime agricultural lands. Good examples include subdivisions designed to surround beef or horse farms and productive fields in the manner of a golf course. Such subdivisions also help maintain the viability of adjacent farms by providing additional crop and pasture land they can lease. Care must, of course, be taken to ensure appropriate deed restrictions are put in place to protect the continuation of the farming operation. Additionally, homeowners must be informed of potential odors, noises and dust in the manner of Agricultural Data Statements.
Most farms contain a variety of soil types with the least productive soils used for pasture and the most productive soils for crops. If farms within a town are being acquired for residential development, the Planning Board should consider encouraging or even requiring conservation subdivision techniques that preserve the prime soils and allow continuation of farming as an approved open space use.
This would provide many farmers with the opportunity to recover some of their equity in the land for retirement or other purposes while keeping the best farmland in agriculture.
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Sample Subdivision Regulation Provision Requiring Protection of Farmland |
| Proposals for subdivision of parcels including active farm or crop land within New York State Agricultural Districts shall include delineation of proposed building sites on each lot, which sites shall be located outside of or along the edges of the active farm and crop lands. Subdivisions of five (5) lots or more shall ordinarily be required to employ conservation subdivision or clustering techniques that provide for presentation of active farm and crop land without reducing overall density of development. |
Another technique available to communities is known as Transfer of Development Rights (TDR's). This is a method of removing the right to develop or build (expressed in dwelling units per acre or floor area) from land in one zoning district (e.g. agricultural) and transferring that right to land in another zoning district.
If the farm is in a TDR sending district (where credits are assigned using the zoning or local ordinance) the farmer can sell these credits to a developer in a TDR receiving district (zone where rights can be purchased). TDR credits have value because a developer who purchases TDR credits can increase the permitted density of development on their site.
In an area with water and sewer, the increased density allowed with the TDR credits could significantly increase the profit margin for the developer. For the farmer, the sale of TDR credits can be a means to secure needed capital to make necessary improvements to their farm without losing valuable farmland. TDR can also help to ensure that the prime agricultural soils in a community are preserved for future generations.
Due to their legal complexity, TDR's are not right for every community. An active real estate market is also necessary. TDR's benefit, however, is that it doesn't demand public funding to acquire development rights.6
Additional information on both these techniques are available through American Farmland Trust and by contacting the Broome County Department of Planning and Economic Development.
| Footnote No. 4 - See Section 278 of New York State Town Law. |
| Footnote No. 5 - See Section 4.1 for illustration. |
| Footnote No. 6 - See Section 261-a of the New York State Town Law for authority. |
3.4 First, Do No Harm to Agriculture
The Hippocratic Oath taken by medical doctors begins with an admonition
to "first, do no harm" to the patient. If agriculture
is truly a priority industry within a community then a similar
policy should apply to actions that can could hurt or kill off
farming.
Towns should, for example, consider using Municipal Home Rule authority to restrict their Zoning Boards of Appeals from granting use variances within an agricultural district. Such a provision should, in addition to the four (4) part test established in New York Law for granting such variances, require that use variances within agricultural districts must not conflict with agricultural practices or farming. Sample language is offered below:
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Sample Limit on Use Variances within Agricultural Districts |
| The Town hereby exercises its authority under Section 10 of the New York State Municipal Home Rule Law to supersede Section 267-b(2)(b) of the New York State Town Law so as to require that, in addition to items (1) through (4) thereunder, all applicants for use variances within Agricultural Districts shall demonstrate that the proposed use shall not in any way conflict with agricultural practices, the conduct thereof by persons engaging in agricultural industries or the purposes of Section 283-a of the Town Law pertaining to coordination with the Agricultural Districts program. |
As farms are modernized with new facilities farmers should also be allowed to reuse old farm buildings and other facilities with great flexibility. The conversion of old barns into residences or offices provides a unique opportunity to maintain the rural landscape while preserving the unique architectural history of the community. Converting old barns to residences may also provide a unique housing alternative for farm workers. Old silos can be reused for cellular tower locations which is one means of preserving this vanishing symbol of the American farm. As an incentive, the reuse of farm buildings should be allowed as-of-right without the need for variances provided that such uses meet building code requirements.
Farmers can also be adversely impacted by storm water runoff and sedimentation from adjacent residential development causing long-term damage to valuable farm lands. New roadways for proposed subdivisions should follow the natural topography and avoid excessive grading of the site that can lead to erosion. Storm water management facilities associated with new developments must be designed so as not to adversely impact adjacent farmland. The preparation of a detail erosion and sediment control plan by a qualified engineer, should be required for applications requiring site plan or subdivision approval.
4.0 SPECIFIC EXAMPLES OF AGRICULTURAL PLANNING
The following illustrative examples of agricultural planning principles are offered for planning boards:
1) conservation subdivision,
2) farmstand site planning,
3) planning for other farm facilities.
Each example includes a description of a proposed action and an analysis of issues that local boards should be considering when reviewing applications. The examples also include recommendations planning boards may want to consider.
The following is a key to all the illustrations that follow:
The following examples compare conventional and conservation subdivision techniques as applied to farm situations:
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Existing Parcel This 50-acre parcel consists of 25 acres of prime soils and 25 acres of gently sloping Pasture that overlooks the cultivated fields. The existing farmhouse and outbuildings are located adjacent to a local road and on the edge between the pasture and cultivated fields. |
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Conventional
5-acre Under the existing zoning, the 50-acre parcel could be developed into 10 single-family lots of five acres each. Notice that under the conventional subdivision, the entire site is broken up into development lots leaving none of the prime agricultural soils available for development. Furthermore, by fully developing this 50 acre property, the rural landscape along the road is disrupted and three (3) adjacent farm operations are potentially adversely impacted. With some flexibility of the reviewing board, these potential adverse impacts can be avoided. Alternatives to the conventional subdivision are illustrated on the following page. |
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Agricultural Protection Analysis
There is, in this example, significant agricultural value to be protected. The 25 acres of prime soils should be preserved for future cultivation. The adjacent farmer could lease these fields, for example, and the farm use would complement the proposed development by providing open space. Also, note the conflicts in land use that conventional subdivision (above) creates. Residential lots abut active farming operations, including pasture land and a top soil operation, and no buffer is provided between these uses. Furthermore, the impervious surface connected with the new cul-de-sac to serve these homes will increase storm water runoff and involves the partial removal of a hedgerow and stone wall.7
Footnote No. 7 - Farmers should, however, be permitted to remove hedgerows for the purpose of expanding fields or pasture.
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Conservation Subdivision Alternative Prime soils are preserved in this conservation subdivision. Moreover, many of the potential conflicts between the existing farm operations and new residences are avoided. Clustering the lots near the existing roadway eliminates the need to remove a large portion of the hedgerow and stone wall. Additionally, the preservation of the open fields provide a buffer between the residences and the neighboring farm operations. Clustering has, too, allowed the developer to strategically place units in an area of the site least likely to be impacted by noise, odor, or dust generated from agricultural uses and has helped to preserve the working rural landscape. |
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Farmstands are the type of traditional accessory farming activity that should be allowed as-of-right, however, there are some basic guidelines that should be followed to ensure such activities do not create safety concerns or conflicts with local vehicular traffic. The following guidelines are suggested for consideration:
(1) The farmstand should be located no closer than thirty (30) feet to the edge of the public right-of-way and no closer than ten (10) feet to any side property line.
(2) Access to the public highway should be limited to existing driveways or to new driveways established pursuant to permits from the Town, County, NYSDOT. All new uses, including dwellings, are typically required to secure such permits for driveway curb cuts. It is important to notify farmers that these permits are required to avoid future hassles in trying to secure a permit after the fact. However, towns can ease the burden by providing for a simple process with minimal improvements required for such seasonal uses.
(3) Customer parking spaces should be provided on site, and the vehicle maneuvering area should be maintained out of the public right-of-way.
(4) Signage should be limited to a single sign, not greater than twelve (12) sq ft in area and located not less than five (5) feet from any street line.
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Poor Farmstand Site Plan In this example, the farmstand is located to close to the roadway which forces customers to park along the roadside. Notice the multiple conflict points that are created between both vehicle and pedestrians in this example. Since there is no room to park on-site, multiple cars have been stacked up along the roadside. Conflicts are created between vehicles trying to get back on the road and those trying to park for the farmstand. Making matters worse, pedestrians are trying to get safely to and from their vehicles. The other negative aspect of this type of layout for a farmstand is that it impacts the level-of-service along an area roadway. Vehicles trying to drive through are forced to slow down and stop for cars pulling on and off the roadside and pedestrians who should not be on the road. |
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Good Farmstand Site Plan In this illustration, the farmstand has been setback from the road by forty (40) feet which allows for sufficient driveway length into the site so that vehicles are not parking along side the road. When vehicles park on the side of roads, pedestrians come into direct conflict with through traffic by stepping out of their cars onto busy highways and this needs to be avoided. The farmstand driveway illustrated provides adequate space for multiple vehicles to pull off the roadway and safely into the site. The designated parking area (grass or gravel) directs customers to a safe area to get in and out of their vehicles and out of the way of vehicles entering the site. The small farmstand sign also effectively advertises to the motoring public that the farmstand is open for business. |
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When Is A Farmstand No Longer One?
There are some useful indicators that may help a planning board determine if a proposed farmstand may be more retail in nature and should perhaps be subject to a more stringent review.
For example:
- Is the farmstand operation year- round?
- Is the structure designed for year-round use?
- Are full-time employees proposed?
- Are there extended hours of operation?
- Are the goods primarily produced off-site?
YES answers to more than one of these questions may indicate that the proposed use would be better regulated as a retail establishment and subjected to site plan review although it may still be appropriate in an agricultural area.
4.3 Planning for Other Farm Facilities
Several other farm facilities raise particular planning issues. The following are general planning guidelines with regard to some of the most prevalent:
Farm Worker Housing
(1) The provision of housing for farm workers in either multiple dwellings or mobile homes, should be a permitted use on a farm.
(2) The housing should be supported by water supply and sewage disposal facilities in accordance with the standards of the Health Department or other controlling authorities.
(3) The housing should be in compliance with the provisions of the New York State Uniform Fire Prevention and Building Code.
(4) The housing should be located on the farm parcel no closer to any property line than the minimum setback requirement for a principal dwelling in the zoning district.
(d) The housing should be immediately moved from the site upon cessation of farm operations and not allowed to be occupied for non-farm purposes. The property owner should be required to specifically acknowledge this standard, in writing, prior to the issuance of a building permit or certificate of occupancy for the intended building or use. This will eliminate future conflicts for the town.
CAFO Compliance
There are now Federal and State manure management requirements applicable to concentrated animal feeding operation (CAFO) farms. Towns should not attempt to replicate these ever-changing regulations but may want to insist upon evidence of compliance insofar as new building or expansion projects are concerned. Attempts to develop local standards would also certainly run into conflicts with the CAFO regulations and could prevent the application of the latest technology to a given situation. Communities are better served by allowing farmers the flexibility to meet the Federal and State requirements in the most environmentally and economically effective manner.
Slaughterhouses
Custom slaughterhouse operations are often part of farm operations and can be completely unobtrusive if properly designed. The key considerations are the locations of any animal holding areas, the offal disposal arrangements and the volume of business in terms of traffic. Most custom slaughterhouses generate only minimal traffic and involve no outside activities. All are subject to State or USDA regulation.
Towns may wish to require that such facilities be setback a reasonable distance from property borders (say 100 feet) and that some percentage of the volume (say 5%) be raised on the farm where the facility is to be located so as to be able to distinguish the operation from a purely commercial facility. Nevertheless, a custom slaughterhouse is a very appropriate use to a farm and should be protected as a farm operation.
Breweries and Wineries
Breweries and wineries can also be normal parts of farm operations in New York State. The State is a major wine producer and has experienced tremendous growth in farm winery activity. It was also a major hops producer many years ago and is a logical location for micro-brewery operations designed to appeal to the young urban markets in the Northeast.
The key factor with regard to these operations is traffic. The commercial traffic is seldom significant but a facility offering wine tasting, for example, can be a major tourist traffic generator. This is a generally good effect but municipalities need to address access and parking.
This type of facility, too, should be encouraged as part of a vineyard or farm operation. It may be appropriate, once again, to specify that a portion of the raw product be produced on the farm where the facility is to be located but it should be minimal (say 10%) because most operations of this sort have to buy and sell grapes from a number of suppliers to obtain the proper varieties to meet customer demands and address seasonal crop production. This is why the New York Farm Winery Act only requires that the grapes used be New York State grown - they do not have to be grown on the farm where the winery is located.
Similar approaches to these are warranted for cider mills.
