2006 New York Code - Agricultural Districts; Inclusion Of Viable Agricultural Land.

 
    §  303-b.  Agricultural  districts;  inclusion  of viable agricultural
  land.  1. The legislative body of  any  county  containing  a  certified
  agricultural district shall designate an annual thirty-day period within
  which  a  land  owner may submit to such body a request for inclusion of
  land which is predominantly viable agricultural land within a  certified
  agricultural  district  prior  to  the county established review period.
  Such request shall identify the agricultural  district  into  which  the
  land is proposed to be included, describe such land, and include the tax
  map  identification  number and relevant portion of the tax map for each
  parcel of land to be included.
    2. Upon the termination of such thirty-day period, if any requests are
  submitted, the county legislative body shall:
    a. refer such request or  requests  to  the  county  agricultural  and
  farmland protection board, which shall, within thirty days report to the
  county legislative body its recommendations as to whether the land to be
  included  in the agricultural district consists predominantly of "viable
  agricultural land" as defined in  subdivision  seven  of  section  three
  hundred  one  of this article and the inclusion of such land would serve
  the public interest by assisting in maintaining  a  viable  agricultural
  industry within the district; and
    b.  publish  a notice of public hearing in accordance with subdivision
  three of this section.
    3. The county legislative body shall hold a public hearing upon giving
  notice in the following manner:
    a. The notice of public hearing shall contain a statement that one  or
  more  requests  for  inclusion of predominantly viable agricultural land
  within a certified agricultural district have been filed with the county
  legislative body pursuant to this section; identify the land, generally,
  proposed to be included; indicate the time, date and place of the public
  hearing, which shall occur after receipt of the  report  of  the  county
  agricultural and farmland protection board; and include a statement that
  the  hearing  shall  be  held  to  consider  the request or requests and
  recommendations of  the  county  agricultural  and  farmland  protection
  board.
    b.  The  notice  shall  be  published  in a newspaper having a general
  circulation within the county and shall be given in writing directly  to
  those  municipalities  whose  territory  encompasses the lands which are
  proposed  to  be  included  in  an  agricultural  district  and  to  the
  commissioner.
    4.  After  the public hearing, the county legislative body shall adopt
  or reject the inclusion of the land requested to be included  within  an
  existing  certified agricultural district. Such action shall be taken no
  later than one hundred twenty days from the termination  of  the  thirty
  day  period described in subdivision one of this section. Any land to be
  added shall consist of whole tax parcels only. Upon the  adoption  of  a
  resolution  to  include predominantly viable agricultural land, in whole
  or in part, within an  existing  certified  agricultural  district,  the
  county  legislative  body shall submit the resolution, together with the
  report of the county agricultural and farmland protection board and  the
  tax  map  identification numbers and tax maps for each parcel of land to
  be included in an agricultural district to the commissioner.
    5. Within thirty days after receipt of a resolution  to  include  land
  within  a  district,  the  commissioner  shall  certify  to  the  county
  legislative  body  whether  the  inclusion   of   predominantly   viable
  agricultural  land  as  proposed  is feasible and shall serve the public
  interest by assisting in  maintaining  a  viable  agricultural  industry
  within the district or districts.
    6.  If  the  commissioner  certifies  that  the  proposed inclusion of
  predominantly viable agricultural land within a district is feasible and
  in the public interest, the land  shall  become  part  of  the  district
  immediately upon such certification.