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This entry was published on 2014-09-22
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SECTION 7-739
Coordination with agricultural districts program
Village (VIL) CHAPTER 64, ARTICLE 7
§ 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.