RETRIEVE BILL
 
    § 305-a. Coordination  of  local planning and land use decision-making
  with  the  agricultural  districts  program.     1.  Policy   of   local
  governments.  a.    Local  governments,  when exercising their powers to
  enact and administer comprehensive plans  and  local  laws,  ordinances,
  rules  or regulations, shall exercise these powers in such manner as may
  realize the policy and goals set forth in this article,  and  shall  not
  unreasonably  restrict  or  regulate farm operations within agricultural
  districts in contravention of the purposes of this article unless it can
  be shown that the public health or safety is threatened.
    b. The commissioner, upon his  or  her  own  initiative  or  upon  the
  receipt  of  a  complaint from a person within an agricultural district,
  may bring an action to enforce the provisions of this subdivision.
    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  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.
    3. Agricultural data statement; 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.  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.