ยง 305-b. Agricultural data statement. 1. Submission, evaluation. Any
application for a special use permit, site plan approval, use variance,
or subdivision approval requiring municipal review and approval by a
planning board, zoning board of appeals, town board, or village board of
trustees pursuant to article sixteen of the town law or article seven of
the village law, 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 planning
board, zoning board of appeals, town board, or village board of trustees
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.
2. Notice provision. Upon the receipt of such application by the
planning board, zoning board of appeals, town board, 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. The 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 project. The cost of mailing the notice shall be
borne by the applicant.
3. 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.
Structure New York Laws
Article 25-AA - Agricultural Districts
300 - Declaration of Legislative Findings and Intent.
302 - County Agricultural and Farmland Protection Board.
303 - Agricultural Districts; Creation.
303-A - Agricultural Districts; Review.
303-B - Agricultural Districts; Inclusion of Viable Agricultural Land.
303-C - Consolidation of Agricultural Districts.
304-A - Agricultural Assessment Values.
304-B - Agricultural District Data Reporting.
305 - Agricultural Districts; Effects.
305-B - Agricultural Data Statement.
306 - Agricultural Lands Outside of Districts; Agricultural Assessments.
307 - Promulgation of Rules and Regulations.
308-A - Fees and Expenses in Certain Private Nuisance Actions.
309 - Advisory Council on Agriculture.