N.Y. Village Law § 7-739: Coordination with agricultural districts program

§ 7-739 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

village board of trustees, 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

village board of trustees, 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

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.

5. Notice to county planning board or agency or regional planning

council. The clerk of the village board of trustees, 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.