N.Y. Town Law § 283-a: Coordination with agricultural districts program

§ 283-a. Coordination with agricultural districts program. 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.