State Codes and Statutes

Statutes > New-york > Agm > Article-25-aa > 303-b

§  303-b.  Agricultural  districts;  inclusion  of viable agricultural  land.  1. The legislative body of  any  county  containing  a  certified  agricultural district shall designate an annual thirty-day period within  which  a  land  owner may submit to such body a request for inclusion of  land which is predominantly viable agricultural land within a  certified  agricultural  district  prior  to  the county established review period.  Such request shall identify the agricultural  district  into  which  the  land is proposed to be included, describe such land, and include the tax  map  identification  number and relevant portion of the tax map for each  parcel of land to be included.    2. Upon the termination of such thirty-day period, if any requests are  submitted, the county legislative body shall:    a. refer such request or  requests  to  the  county  agricultural  and  farmland protection board, which shall, within thirty days report to the  county legislative body its recommendations as to whether the land to be  included  in the agricultural district consists predominantly of "viable  agricultural land" as defined in  subdivision  seven  of  section  three  hundred  one  of this article and the inclusion of such land would serve  the public interest by assisting in maintaining  a  viable  agricultural  industry within the district; and    b.  publish  a notice of public hearing in accordance with subdivision  three of this section.    3. The county legislative body shall hold a public hearing upon giving  notice in the following manner:    a. The notice of public hearing shall contain a statement that one  or  more  requests  for  inclusion of predominantly viable agricultural land  within a certified agricultural district have been filed with the county  legislative body pursuant to this section; identify the land, generally,  proposed to be included; indicate the time, date and place of the public  hearing, which shall occur after receipt of the  report  of  the  county  agricultural and farmland protection board; and include a statement that  the  hearing  shall  be  held  to  consider  the request or requests and  recommendations of  the  county  agricultural  and  farmland  protection  board.    b.  The  notice  shall  be  published  in a newspaper having a general  circulation within the county and shall be given in writing directly  to  those  municipalities  whose  territory  encompasses the lands which are  proposed  to  be  included  in  an  agricultural  district  and  to  the  commissioner.    4.  After  the public hearing, the county legislative body shall adopt  or reject the inclusion of the land requested to be included  within  an  existing  certified agricultural district. Such action shall be taken no  later than one hundred twenty days from the termination  of  the  thirty  day  period described in subdivision one of this section. Any land to be  added shall consist of whole tax parcels only. Upon the  adoption  of  a  resolution  to  include predominantly viable agricultural land, in whole  or in part, within an  existing  certified  agricultural  district,  the  county  legislative  body shall submit the resolution, together with the  report of the county agricultural and farmland protection board and  the  tax  map  identification numbers and tax maps for each parcel of land to  be included in an agricultural district to the commissioner.    5. Within thirty days after receipt of a resolution  to  include  land  within  a  district,  the  commissioner  shall  certify  to  the  county  legislative  body  whether  the  inclusion   of   predominantly   viable  agricultural  land  as  proposed  is feasible and shall serve the public  interest by assisting in  maintaining  a  viable  agricultural  industry  within the district or districts.6.  If  the  commissioner  certifies  that  the  proposed inclusion of  predominantly viable agricultural land within a district is feasible and  in the public interest, the land  shall  become  part  of  the  district  immediately upon such certification.

State Codes and Statutes

Statutes > New-york > Agm > Article-25-aa > 303-b

§  303-b.  Agricultural  districts;  inclusion  of viable agricultural  land.  1. The legislative body of  any  county  containing  a  certified  agricultural district shall designate an annual thirty-day period within  which  a  land  owner may submit to such body a request for inclusion of  land which is predominantly viable agricultural land within a  certified  agricultural  district  prior  to  the county established review period.  Such request shall identify the agricultural  district  into  which  the  land is proposed to be included, describe such land, and include the tax  map  identification  number and relevant portion of the tax map for each  parcel of land to be included.    2. Upon the termination of such thirty-day period, if any requests are  submitted, the county legislative body shall:    a. refer such request or  requests  to  the  county  agricultural  and  farmland protection board, which shall, within thirty days report to the  county legislative body its recommendations as to whether the land to be  included  in the agricultural district consists predominantly of "viable  agricultural land" as defined in  subdivision  seven  of  section  three  hundred  one  of this article and the inclusion of such land would serve  the public interest by assisting in maintaining  a  viable  agricultural  industry within the district; and    b.  publish  a notice of public hearing in accordance with subdivision  three of this section.    3. The county legislative body shall hold a public hearing upon giving  notice in the following manner:    a. The notice of public hearing shall contain a statement that one  or  more  requests  for  inclusion of predominantly viable agricultural land  within a certified agricultural district have been filed with the county  legislative body pursuant to this section; identify the land, generally,  proposed to be included; indicate the time, date and place of the public  hearing, which shall occur after receipt of the  report  of  the  county  agricultural and farmland protection board; and include a statement that  the  hearing  shall  be  held  to  consider  the request or requests and  recommendations of  the  county  agricultural  and  farmland  protection  board.    b.  The  notice  shall  be  published  in a newspaper having a general  circulation within the county and shall be given in writing directly  to  those  municipalities  whose  territory  encompasses the lands which are  proposed  to  be  included  in  an  agricultural  district  and  to  the  commissioner.    4.  After  the public hearing, the county legislative body shall adopt  or reject the inclusion of the land requested to be included  within  an  existing  certified agricultural district. Such action shall be taken no  later than one hundred twenty days from the termination  of  the  thirty  day  period described in subdivision one of this section. Any land to be  added shall consist of whole tax parcels only. Upon the  adoption  of  a  resolution  to  include predominantly viable agricultural land, in whole  or in part, within an  existing  certified  agricultural  district,  the  county  legislative  body shall submit the resolution, together with the  report of the county agricultural and farmland protection board and  the  tax  map  identification numbers and tax maps for each parcel of land to  be included in an agricultural district to the commissioner.    5. Within thirty days after receipt of a resolution  to  include  land  within  a  district,  the  commissioner  shall  certify  to  the  county  legislative  body  whether  the  inclusion   of   predominantly   viable  agricultural  land  as  proposed  is feasible and shall serve the public  interest by assisting in  maintaining  a  viable  agricultural  industry  within the district or districts.6.  If  the  commissioner  certifies  that  the  proposed inclusion of  predominantly viable agricultural land within a district is feasible and  in the public interest, the land  shall  become  part  of  the  district  immediately upon such certification.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-25-aa > 303-b

§  303-b.  Agricultural  districts;  inclusion  of viable agricultural  land.  1. The legislative body of  any  county  containing  a  certified  agricultural district shall designate an annual thirty-day period within  which  a  land  owner may submit to such body a request for inclusion of  land which is predominantly viable agricultural land within a  certified  agricultural  district  prior  to  the county established review period.  Such request shall identify the agricultural  district  into  which  the  land is proposed to be included, describe such land, and include the tax  map  identification  number and relevant portion of the tax map for each  parcel of land to be included.    2. Upon the termination of such thirty-day period, if any requests are  submitted, the county legislative body shall:    a. refer such request or  requests  to  the  county  agricultural  and  farmland protection board, which shall, within thirty days report to the  county legislative body its recommendations as to whether the land to be  included  in the agricultural district consists predominantly of "viable  agricultural land" as defined in  subdivision  seven  of  section  three  hundred  one  of this article and the inclusion of such land would serve  the public interest by assisting in maintaining  a  viable  agricultural  industry within the district; and    b.  publish  a notice of public hearing in accordance with subdivision  three of this section.    3. The county legislative body shall hold a public hearing upon giving  notice in the following manner:    a. The notice of public hearing shall contain a statement that one  or  more  requests  for  inclusion of predominantly viable agricultural land  within a certified agricultural district have been filed with the county  legislative body pursuant to this section; identify the land, generally,  proposed to be included; indicate the time, date and place of the public  hearing, which shall occur after receipt of the  report  of  the  county  agricultural and farmland protection board; and include a statement that  the  hearing  shall  be  held  to  consider  the request or requests and  recommendations of  the  county  agricultural  and  farmland  protection  board.    b.  The  notice  shall  be  published  in a newspaper having a general  circulation within the county and shall be given in writing directly  to  those  municipalities  whose  territory  encompasses the lands which are  proposed  to  be  included  in  an  agricultural  district  and  to  the  commissioner.    4.  After  the public hearing, the county legislative body shall adopt  or reject the inclusion of the land requested to be included  within  an  existing  certified agricultural district. Such action shall be taken no  later than one hundred twenty days from the termination  of  the  thirty  day  period described in subdivision one of this section. Any land to be  added shall consist of whole tax parcels only. Upon the  adoption  of  a  resolution  to  include predominantly viable agricultural land, in whole  or in part, within an  existing  certified  agricultural  district,  the  county  legislative  body shall submit the resolution, together with the  report of the county agricultural and farmland protection board and  the  tax  map  identification numbers and tax maps for each parcel of land to  be included in an agricultural district to the commissioner.    5. Within thirty days after receipt of a resolution  to  include  land  within  a  district,  the  commissioner  shall  certify  to  the  county  legislative  body  whether  the  inclusion   of   predominantly   viable  agricultural  land  as  proposed  is feasible and shall serve the public  interest by assisting in  maintaining  a  viable  agricultural  industry  within the district or districts.6.  If  the  commissioner  certifies  that  the  proposed inclusion of  predominantly viable agricultural land within a district is feasible and  in the public interest, the land  shall  become  part  of  the  district  immediately upon such certification.