N.Y. VIL Law § 7-739 — New York Code / Act VIL / Article 7 / Section 7-739
Coordination with agricultural districts program
Status: in_force

§ 7-739 Coordination with agricultural districts program.  1. Policy\nof local governments. Local governments shall exercise their powers to\nenact local laws, ordinances, rules or regulations that apply to farm\noperations in an agricultural district in a manner which does not\nunreasonably restrict or regulate farm operations in contravention of\nthe purposes of article twenty-five-AA of the agriculture and markets\nlaw, unless it can be shown that the public health or safety is\nthreatened.\n  2. Agricultural data statement; submission, evaluation. Any\napplication for a special use permit, site plan approval, use variance,\nor subdivision approval requiring municipal review and approval by the\nvillage board of trustees, planning board, or zoning board of appeals\npursuant to this article, that would occur on property within an\nagricultural district containing a farm operation or on property with\nboundaries within five hundred feet of a farm operation located in an\nagricultural district, shall include an agricultural data statement. The\nvillage board of trustees, planning board, or zoning board of appeals\nshall evaluate and consider the agricultural data statement in its\nreview of the possible impacts of the proposed project upon the\nfunctioning of farm operations within such agricultural district. The\ninformation required by an agricultural data statement may be included\nas part of any other application form required by local law, ordinance\nor regulation.\n  3. Agricultural data statement; notice provision. Upon the receipt of\nsuch application by the planning board, zoning board of appeals, or\nvillage board of trustees, the clerk of such board shall mail written\nnotice of such application to the owners of land as identified by the\napplicant in the agricultural data statement. Such notice shall include\na description of the proposed project and its location, and may be sent\nin conjunction with any other notice required by state or local law,\nordinance, rule or regulation for the said project. The cost of mailing\nsaid notice shall be borne by the applicant.\n  4. Agricultural data statement; content. An agricultural data\nstatement shall include the following information: the name and address\nof the applicant; a description of the proposed project and its\nlocation; the name and address of any owner of land within the\nagricultural district, which land contains farm operations and is\nlocated within five hundred feet of the boundary of the property upon\nwhich the project is proposed; and a tax map or other map showing the\nsite of the proposed project relative to the location of farm operations\nidentified in the agricultural data statement.\n  5. Notice to county planning board or agency or regional planning\ncouncil. The clerk of the village board of trustees, planning board, or\nzoning board of appeals shall refer all applications requiring an\nagricultural data statement to the county planning board or agency or\nregional planning council as required by sections two hundred\nthirty-nine-m and two hundred thirty-nine-n of the general municipal\nlaw.\n