land use, agriculture & farmland protection strategies

Land Use, Agriculture &

Farmland Protection

StrategiesAmerican Society of Landscape Architects

Annual Meeting & Expo

Washington, D.C.September 10,2010

George R. Frantz, AICP

George R. Frantz & Associates

Agriculture in New York• $3.6 billion

economic sector; („05)

• 7.55 million acres;

• 35,600 farms.(avg. farm size +/-212 ac.)

Source: NYS Agriculture & Markets.

American Society of Landscape Architects Annual Meeting & Expo

Washington, D.C. September 10, 2010

Agriculture in New York• Dairy:

– 3rd leading US producer;

– 11.7 billion pounds;

– $1.91 billion




Agriculture in New York• Fruits/Vegetables:

– $705 million;

– 2nd in apples;

– 3rd in grapes, strawberries;

– 6th in fresh market vegetables;




Agriculture in New York• Livestock & Poultry:– 246 million

pounds livestock;

– $390 million




Agriculture in New York• Floriculture:– $200 million;

– 24.5 million s.f.;

– 5th in nation.




In The Beginning…• The crop of

the future…



ISSUES• Political -

– Property Rights;

– Pro Development

Bias;

– Property Taxes;



ISSUES• Economic

viability;

• Low land

values

Map: Tompkins County

Agricultural Lands & Open

Space Preservation

Feasibility Study



Protection Toolbox

• Zoning – Crude but can be relatively

effective;

• Design - Cluster subdivision design can

have site-specific benefits;

• Agric. Enterprises – Providing revenue

streams to support farm operations.



4 Basic Premises1. Agriculture is

a legitimate land use, not a mere holding action until the developers arrive;



4 Basic Premises2. Residential development & agriculture

are inherently incompatible land uses;



4 Basic Premises

3. Agriculture is a business -economic viability is critical.



4 Basic Premises

4. Contiguity is critical to long-term viability



Zoning Red Flags• Minimum farm

size;

• Poorly worded definitions;

• No definitions.



Zoning Red Flags• Special permit

process for agricultural facilities;

• Excessive setback requirements for agricultural buildings;



Agricultural Zoning• Agriculture use is the pre-

eminent land use in zoning district;

• Residential development potential is significantly reduced;

• Agricultural commerce permitted;

• “Right to farm” language incorporated.



Agricultural Zoning

“The purpose of the A1–Agricultural District is to

protect the agricultural production resources of

the Town of Ulysses as seen today in viable

agricultural operations, and the agricultural

heritage of the Town as seen today in the

variety of land uses and the openness of

agricultural fields..” Town of Ulysses Zoning Law, Art. V, Sect. 5.1



Zoning & Right to Farm

“In the A1–Agricultural District, agriculture shall

be the primary land use. Within the District any

agricultural practice determined to be a sound

agricultural practice by the New York State

Commissioner of Agriculture and Markets

pursuant to Article 25-AA, Section 308… shall

not constitute a private nuisance.”

Town of Ulysses Zoning Law, Art. V, Sect. 5.2



Agricultural

Enterprises“A retail or wholesale enterprise providing services or products principally utilized in agricultural production, including structures, agricultural equipment and agricultural equipment parts, batteries and tires, livestock, feed, seed, fertilizer and equipment repairs, or providing for wholesale or retail sale of grain, fruit, produce, trees, shrubs, flowers or other products of agricultural operations.”

Town of Ulysses Zoning Law

Adopted Aug. 30, 2005



Agricultural

Enterprises• Farm stand / Farm

market;

• Agri-Tourism / Farm Tours U-Pick / Corn Mazes;

• Bed-n-Breakfast / Lodge;

• Feed / Fertilizer / Parts / Equipment Sales;

• Farm Structures;

• Food ProcessingAmerican Society of Landscape Architects Annual Meeting & Expo


Agricultural

Enterprises

• Reflects reality of

contemporary farm

operations;



Agricultural

Enterprises

• Provide

supplemental

income;



Agricultural

Enterprises

• Requires well

crafted, precise

definitions, design

standards;



Agricultural

Enterprises

• Some uses

subject to site

plan approval.



Fixed-Ratio Zoning• Limits ability to subdivide, & create non-

agricultural lots;

• Based on ratio, i.e. “1 lot for each 24 acres…” of the parent tract;

• Size of non-agricultural lots generally limited to < 2 acres;

• Flag lots, cluster subdivision, enable farmers to sell lesser quality lands for development.

• “Mother Map” approach simple to administer, track subdivisions.



Fixed-Ratio Zoning• Successfully utilized in Pennsylvania;

• +/-30-year history.



I-83

Conventional 2-Ac. Lots

Fixed-Ratio Zoning- 1:2

Fixed-Ratio Zoning- 1:10

Land Values

• Aggressive fixed-

ratio zoning can

negatively impact

farmers‟ economic

viability;



Flag LotsA lot meeting the minimum

lot area, lot width and lot

depth requirements of the

zoning district within which

it is located, and which is

connected to a public road

or highway right-of-way by

a strip of land at least 25

feet in width for its entire

length.



The cheapest and

most effective

agricultural lands

protection tool is

increased density

in urban &

suburban areas...

Final Thought

Celebrating Two Centuries on the Land:

Peter & John Frantz Farms

1805-2005

Frantz Hill, Penn Township, Lycoming County, PA_____________________________________________

George R. Frantz, AICP 604 Cliff Street, Ithaca, N.Y. 14850 607-256-9310

[email protected]

Questions?

land use, agriculture & farmland protection strategies

Documents

nys agriculture markets

agriculture shallbe

town of ulysses zoning

zoning right

primary land use

legitimate land use

new york dairy

new york fruitsvegetables