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This entry was published on 2014-09-22
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SECTION 283-A
Coordination with agricultural districts program
Town (TWN) CHAPTER 62, ARTICLE 16
§ 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.