N.Y. Agriculture & Markets Law § 305-b: Agricultural data statement

§ 305-b. Agricultural data statement. 1. 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.

2. 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. The 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 project. The cost of mailing the notice shall be

borne by the applicant.

3. 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.