Section 305-A. Coordination of local planning and land use decision-making with the agricultural districts program  


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  • 1.  Policy   of   local  governments.  a.    Local  governments,  when exercising their powers to
      enact and administer comprehensive plans  and  local  laws,  ordinances,
      rules  or regulations, shall exercise these powers in such manner as may
      realize the policy and goals set forth in this article,  and  shall  not
      unreasonably  restrict  or  regulate farm operations within agricultural
      districts in contravention of the purposes of this article unless it can
      be shown that the public health or safety is threatened.
        b. The commissioner, upon his  or  her  own  initiative  or  upon  the
      receipt  of  a  complaint from a person within an agricultural district,
      may bring an action to enforce the provisions of this subdivision.
        2.  Agricultural   data   statement;   submission,   evaluation.   Any
      application  for a special use permit, site plan approval, use variance,
      or subdivision approval requiring municipal review  and  approval  by  a
      planning board, zoning board of appeals, town board, or village board of
      trustees pursuant to article sixteen of the town law or article seven of
      the  village  law,  that  would occur on property within an agricultural
      district containing a farm operation  or  on  property  with  boundaries
      within  five hundred feet of a farm operation located in an agricultural
      district, shall include an agricultural data statement.    The  planning
      board, zoning board of appeals, town board, or village board of trustees
      shall  evaluate  and  consider  the  agricultural  data statement in its
      review of  the  possible  impacts  of  the  proposed  project  upon  the
      functioning  of  farm  operations within such agricultural district. The
      information required by an agricultural data statement may  be  included
      as  part  of any other application form required by local law, ordinance
      or regulation.
        3. Agricultural data statement; notice provision. Upon the receipt  of
      such  application  by  the planning board, zoning board of appeals, town
      board or village board of trustees, the clerk of such board  shall  mail
      written  notice  of such application to the owners of land as identified
      by the applicant in the agricultural data statement.  Such notice  shall
      include  a description of the proposed project and its location, and may
      be sent in conjunction with any other notice required by state or  local
      law,  ordinance,  rule  or  regulation for the said project. The cost of
      mailing said notice shall be borne by the applicant.
        4.  Agricultural  data  statement;  content.  An   agricultural   data
      statement shall include the following information:  the name and address
      of  the  applicant;  a  description  of  the  proposed  project  and its
      location; the  name  and  address  of  any  owner  of  land  within  the
      agricultural  district,  which  land  contains  farm  operations  and is
      located within five hundred feet of the boundary of  the  property  upon
      which  the  project  is proposed; and a tax map or other map showing the
      site of the proposed project relative to the location of farm operations
      identified in the agricultural data statement.