S T A T E   O F   N E W   Y O R K
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    S. 3689                                                  A. 5244

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 13, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law, in  relation  to  permitting  retail  farm
  operations  as  an accessory use to agricultural lands pursuant to the
  Peconic Bay region community preservation fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 64-e of the town law is amended by
adding a new paragraph (e) to read as follows:
  (E) "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH
EITHER  PERMANENT  OR  NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE
PURPOSES OF SELLING PREDOMINATELY FARM AND FOOD PRODUCTS IN  CONJUNCTION
WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN
SUBDIVISION  FOUR  OF  SECTION  TWO  OF THE AGRICULTURE AND MARKETS LAW.
SUCH PORTION OF THE FARM AND FOOD PRODUCTS SHALL EXCEED FIFTY PERCENT OF
THE GROSS ANNUAL INCOME OF SUCH RETAIL FARM  OPERATION.  FARM  AND  FOOD
PRODUCTS  SHALL  MEAN  ANY  AGRICULTURAL  PRODUCT  OF THE SOIL OR WATER,
INCLUDING BUT NOT LIMITED TO  FRESH  OR  PROCESSED  FRUITS,  VEGETABLES,
EGGS,  DAIRY  PRODUCTS,  MEAT  AND  MEAT  PRODUCTS,  POULTRY AND POULTRY
PRODUCTS, FISH AND FISH PRODUCTS, APPLE CIDER, FRUIT JUICE, WINE,  ORNA-
MENTAL PLANTS, NURSERY PRODUCTS, FLOWERS, AND CHRISTMAS TREES.
  S  2.  Subdivision  4  of  section 64-e of the town law, as amended by
chapter 423 of the laws of 2013, is amended to read as follows:
  4. Preservation of community character shall involve one  or  more  of
the  following:  (a) establishment of parks, nature preserves, or recre-
ation areas; (b) preservation  of  open  space,  including  agricultural
lands  AND  RETAIL  FARM  OPERATIONS AS AN ACCESSORY USE TO AGRICULTURAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07099-01-5
              

S. 3689                             2                            A. 5244

LANDS; (c) preservation of lands of exceptional scenic value; (d)  pres-
ervation of fresh and saltwater marshes or other wetlands; (e) preserva-
tion  of  aquifer recharge areas; (f) preservation of undeveloped beach-
lands  or  shoreline  including  those  at  significant  risk of coastal
flooding due to projected sea level rise and future storms;  (g)  estab-
lishment  of  wildlife  refuges  for  the  purpose of maintaining native
animal species diversity, including the protection of habitat  essential
to the recovery of rare, threatened or endangered species; (h) preserva-
tion  of  pine barrens consisting of such biota as pitch pine, and scrub
oak; (i) preservation of unique  or  threatened  ecological  areas;  (j)
preservation of rivers and river areas in a natural, free-flowing condi-
tion;  (k)  preservation  of  forested  land; (l) preservation of public
access to lands for public use including stream  rights  and  waterways;
(m)  preservation  of  historic  places and properties listed on the New
York state register of historic places and/or protected under a  munici-
pal  historic  preservation ordinance or law; and (n) undertaking any of
the aforementioned in furtherance of the establishment of a greenbelt.
  S 3. This act shall take effect immediately.