2023 New York Laws › VIL - Village › Article 7 - Building Zones › 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.