Notice of Public Hearing - Agricultural Processing as an Accessory

LEGAL NOTICE - NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of April, 2019, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing as an Accessory Use in the Town of Southold” and

NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 7th day of May, 2019 at 7:01p.m. at which time all interested persons will be given an opportunity to be heard.

The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing in the Town of Southold” which reads as follows:

LOCAL LAW NO.      2019

A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Agricultural Processing in the Town of Southold”

BE IT ENACTED by the Town Board of the Town of Southold as follows: 

I.     Purpose

The Purpose of the amendment is to permit the accessory use of the processing of agricultural products on a parcel containing a bona fide farm operation within Chapter 280 of the Southold Town Code.  

II.     Amendment.

The Southold Town Code is hereby amended by adding the underlined words as follows: 

    § 280-13 Use regulations. 

In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

C.    Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:

13.  Processing of Agricultural Products, which meet the following standards:

    (a)      The processing of agricultural products shall take place on a parcel that qualifies 

        as a Bona Fide Farm Operation as defined in section 280-4 of this code.

    (b)     Notwithstanding the provisions in section 280-15(C) of this code, the square 

        footage of an agricultural processing building, or part of an agricultural building 

        used for agricultural processing, shall not exceed one and a half percent (1.5%) of 

        the total size of the parcel on which it is located.  

(c)     An agricultural processing building with a square footage of three thousand 

        square feet  or less shall not be subject to site plan review.

(d)     Any site plan application for an agricultural processing building shall be entitled 

        to the expedited processing and fees for agricultural related site plan applications 

        set forth in Article XXIV of this Chapter. 

(e)    At least sixty-six percent (66%) of the agricultural products being processed must 

    have been grown by that Bona Fide Farm Operation. The requirement in this 

    subsection shall not apply in cases of a catastrophic crop failure. 

III.     SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

IV.     EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.

Dated:  April 9, 2019                BY THE ORDER OF THE 

                            SOUTHOLD TOWN BOARD

                            Elizabeth A. Neville

                            Southold Town Clerk