State Codes and Statutes

Statutes > New-york > Twn > Article-16 > 283-a

§  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.

State Codes and Statutes

Statutes > New-york > Twn > Article-16 > 283-a

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Twn > Article-16 > 283-a

§  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.