Section 303-A. Agricultural districts; review  


Latest version.
  • 1. The county legislative
      body shall review any district created under this section eight,  twelve
      or  twenty  years  after  the  date of its creation, consistent with the
      review period set forth in the plan creating such district  and  at  the
      end  of  every eight, twelve or twenty year period thereafter, whichever
      may apply. In counties with multiple districts with review dates in  any
      twelve  month  period,  the  commissioner,  on  petition  of  the county
      legislative body, may, for good cause shown, approve an extension of  up
      to  four  years  for  a district review. Thereafter, the extended review
      date shall be deemed  the  creation  date  for  purposes  of  subsequent
      reviews  by the county legislative body in accordance with this section.
      The review date of a district may not be extended more than four  years.
      The  petition  of  the county legislative body for an extension shall be
      submitted to the commissioner at least six months prior  to  the  review
      date.
        2. In conducting a district review the county legislative body shall:
        a.  provide notice of such district review by publishing a notice in a
      newspaper having general circulation within the district and by  posting
      such notice in at least five conspicuous places within the district. The
      notice  shall identify the municipalities in which the district is found
      and the district's total area; indicate that a map of the district  will
      be  on  file  and  open to public inspection in the office of the county
      clerk and such other places as the legislative body  deems  appropriate;
      and  notify municipalities and land owners within the district that they
      may propose a modification of the district by filing such proposal  with
      the  county clerk of the county legislature within thirty days after the
      publication of such notice;
        b. direct the county agricultural and  farmland  protection  board  to
      prepare a report concerning the following:
        (1)  the  nature  and status of farming and farm resources within such
      district, including the total number of acres  of  land  and  the  total
      number of acres of land in farm operations in the district;
        (2)  the  extent  to  which  the  district  has  achieved its original
      objectives;
        (3) the extent to which county and local comprehensive plans, policies
      and objectives are consistent with and support the district;
        (4) the degree of coordination between local laws,  ordinances,  rules
      and regulations that apply to farm operations in such district and their
      influence on farming; and
        (5) recommendations to continue, terminate or modify such district.
        c. hold a public hearing at least one hundred twenty days prior to the
      district  review date and not more than one hundred eighty days prior to
      such date, in the following manner:
        (1) the hearing shall be held  at  a  place  within  the  district  or
      otherwise readily accessible to the proposed district;
        (2)  a  notice  of  public  hearing  shall be published in a newspaper
      having a general circulation within the district and shall be  given  in
      writing to those municipalities whose territories encompass the district
      and any proposed modifications to the district; to persons, as listed on
      the most recent assessment roll, whose land is the subject of a proposed
      modification; and to the commissioner;
        (3) the notice of hearing shall contain the following information:
        (a) a statement of the time, date and place of the public hearing; and
        (b)  a description of the district, any proposed modifications and any
      recommendations of  the  county  agricultural  and  farmland  protection
      board.
        3.  The  county  legislative  body,  after  receiving  the  report and
      recommendation of the county agricultural and farmland protection board,
    
      and after public hearing, shall make  a  finding  whether  the  district
      should  be  continued, terminated or modified. If the county legislative
      body finds that the district should be terminated, it may do so  at  the
      end  of  such  eight,  twelve  or  twenty  year period, whichever may be
      applicable, by filing a notice of termination with the county clerk  and
      the commissioner. If the county legislative body finds that the district
      should  be continued or modified, it shall submit a district review plan
      to  the  commissioner.  The  district  review  plan  shall   include   a
      description  of  the  district, including a map delineating the exterior
      boundaries of the district which shall conform to tax parcel boundaries;
      the tax map identification numbers for every parcel in the  district;  a
      copy  of  the  report of the county agricultural and farmland protection
      board required by paragraph b of subdivision two of this section; and  a
      copy   of  the  testimony  given  at  the  public  hearing  required  by
      subdivision two of this section  or  a  copy  of  the  minutes  of  such
      hearing.
        4.  If  the county legislative body does not act, or if a modification
      of a district is rejected by the county legislative body,  the  district
      shall continue as originally constituted, unless the commissioner, after
      consultation  with  the advisory council on agriculture, terminates such
      district, by filing a notice thereof with the county clerk, because:
        a. the  area  in  the  district  is  no  longer  predominantly  viable
      agricultural land; or
        b.  the commissioner of environmental conservation has determined that
      the continuation of the district would  not  be  consistent  with  state
      environmental plans, policies and objectives; provided, however, that if
      the commissioner certifies to the county legislative body that he or she
      will  not  approve  the continuance of the district unless modified, the
      commissioner  shall  grant  the  county  an  extension  as  provided  in
      subdivision  one  of  this  section  to  allow  the  county to prepare a
      modification of the district in the manner provided in this section.
        5. Plan review, certification and filing shall  be  conducted  in  the
      same  manner  prescribed for district creation in subdivisions five, six
      and seven of section three hundred three of this article.