Land Use, Agriculture & Farmland Protection Strategies

Land Use, Agriculture &
Farmland Protection
Strategies
American 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

• Dairy:
– 3rd leading US
producer;
– 11.7 billion
pounds;
– $1.91 billion



• Fruits/Vegetables:
– $705 million;
– 2nd in apples;
– 3rd in grapes,
strawberries;
– 6th in fresh market
vegetables;


• Livestock &
Poultry:
– 246 million
pounds
livestock;
– $390 million



• 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 Premises
1. Agriculture is
a legitimate
land use, not a
mere holding
action until the
developers
arrive;


4 Basic Premises
2. 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 Processing

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


Land Values
• Aggressive fixed-
ratio zoning can
negatively impact
farmers‟ economic
viability;


Flag Lots
A 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.


Final Thought
The cheapest and
most effective
agricultural lands
protection tool is
increased density
in urban &
suburban areas...

Questions?

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
geoplan57@gmail.com

Land Use, Agriculture & Farmland Protection Strategies

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