INTRODUCTORY LOCAL LAW FARM-RELATED ZONING AMENDMENTS
TOWN OF CRAWFORD
INTRODUCTORY LOCAL LAW
FARM-RELATED ZONING AMENDMENTS
BE IT ENACTED by the Town Board of the Town of Crawford, County of Orange, State of New York, as follows:
Section 1. Chapter 137, titled “Zoning,” of the Code of the Town of Crawford is amended as follows:
- Subsection G, titled “SC-O (Scenic Corridor Overlay) District,” of §137-11, titled “General zoning district regulations,” is amended by adding a new paragraph (4) to read as follows:
(4) The Planning Board may waive the public hearing for buildings, structures, uses and nonstructural site elements of a farm operation on land located in a County agricultural district or land used in agricultural production which is subject to an agricultural assessment.However, in order to protect the Scenic Corridor Overlay District and the purposes of that Overlay District and the scenic qualities of other areas of the Town, the Planning Board may only waive the public hearing requirement if the Board determines that the size, location and appearance of the proposed building, structure, use and nonstructural site element will not have an adverse effect on the Overlay District or its purposes or on the scenic qualities of any other area of the Town.
- Subsection A, titled “Agricultural operations,” of §137-13, titled “Supplemental regulations for permitted uses,” is amended by amending paragraph (3) and adding new paragraphs (4) and (5) to read as follows:
(3) Any building or structure used to house or stable animals shall be at least 100 feet from all property lines.
(4) Barnyards, silos, barn gutters, animal pens, and any building or structure used to house or stable animals shall be at least 100 feet from water wells.
(5) Manure piles shall be at least 200 from water wells.
- Subsection D, titled “Public hearing,” of §137-30, titled “Site plan approval,” is amended by adding a new paragraph (3) to read as follows:
(3) The Planning Board may waive the public hearing for buildings, structures and uses intended for a farm operation on land located in a County agricultural district or land used in agricultural production which is subject to an agricultural assessment.However, in order to protect the Scenic Corridor Overlay District and the purposes of that Overlay District and the scenic qualities of other areas of the Town, the Planning Board may only waive the public hearing requirement if the Board determines that the size, location and appearance of the proposed building, structure, use and nonstructural site element will not have an adverse effect on the Overlay District or its purposes or on the scenic qualities of any other area of the Town.
- Subsection E of §137-30, titled “Site plan approval,” is amended by changing, in paragraph (1), “45 days” to “62 days”, by adding a new paragraph (2) to read as follows, and by changing the numbering of current paragraphs (2) and (3) to (3) and (4):
(2) Notwithstanding the 62-day time period stated in paragraph (1) above, the time period shall be 45 days when a site plan application includes a building, structure or use intended for a farm operation on land located in a County agricultural district or land used in agricultural production which is subject to an agricultural exemption.
Section 2. Separability. If any part of provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances.
Section 3. Supersession. The Town Board hereby declares its legislative intent to supercede any provision of any local law, rule, or regulation or provision of the law inconsistent with this local law. The provisions of law intended to be superceded include all the Town Law, including Article 16, and any other provision of law that the Town may supercede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York. The courts are requested to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this local law and superceded such inconsistent provision had it been apparent.
Section 4. This local law shall take immediately upon filing with the Secretary of State.