Section 283-A. Coordination with agricultural districts program  


Latest version.
  • 1. Policy
      of local governments. Local governments shall exercise their  powers  to
      enact  local  laws,  ordinances, rules or regulations that apply to farm
      operations in an agricultural  district  in  a  manner  which  does  not
      unreasonably  restrict  or  regulate farm operations in contravention of
      the purposes of article twenty-five-AA of the  agriculture  and  markets
      law,  unless  it  can  be  shown  that  the  public  health or safety is
      threatened.
        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  the
      town  board, planning board, or zoning board of appeals pursuant to this
      article, 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 town board, planning
      board, or zoning board  of  appeals  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, or town
      board, 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.
        5. Notice to county planning board  or  agency  or  regional  planning
      council. The clerk of the town board, planning board, or zoning board of
      appeals  shall  refer  all  applications  requiring an agricultural data
      statement to the county planning board or agency  or  regional  planning
      council  as  required  by  sections  two  hundred  thirty-nine-m and two
      hundred thirty-nine-n of the general municipal law.