Bill Text: NY A05244 | 2015-2016 | General Assembly | Amended

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Bill Title: Permits retail farm operations as an accessory use to agricultural lands pursuant to the Peconic Bay region community preservation fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-09 - signed chap.301 [A05244 Detail]

Download: New_York-2015-A05244-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5244--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2015
                                       ___________
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on  Local Governments -- recommitted to the Committee on Local Govern-
          ment  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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:
     1    Section 1.  Subdivision 4 of section 64-e of the town law, as  amended
     2  by chapter 551 of the laws of 2015, is amended to read as follows:
     3    4.  Preservation  of  community character shall involve one or more of
     4  the following: (a) establishment of parks, nature preserves,  or  recre-
     5  ation  areas;  (b)  preservation  of  open space, including agricultural
     6  lands provided, however, that farm buildings and structures used for the
     7  marketing of farm products produced on such agricultural lands where  at
     8  least  fifty  percent  of  the gross annual income results from sales of
     9  products produced on such lands and, in addition the sale of  any  other
    10  locally sourced and/or produced food and plant products shall be permit-
    11  ted;  (c) preservation of lands of exceptional scenic value; (d) preser-
    12  vation of fresh and saltwater marshes or other wetlands;  (e)  preserva-
    13  tion   of  aquifer  recharge  areas;  (f)  preservation  of  undeveloped
    14  beachlands or shoreline including those at significant risk  of  coastal
    15  flooding  due  to projected sea level rise and future storms; (g) estab-
    16  lishment of wildlife refuges  for  the  purpose  of  maintaining  native
    17  animal  species diversity, including the protection of habitat essential
    18  to the recovery of rare, threatened or endangered species; (h) preserva-
    19  tion of pine barrens consisting of such biota as pitch pine,  and  scrub
    20  oak;  (i)  preservation  of  unique  or threatened ecological areas; (j)
    21  preservation of rivers and river areas in a natural, free-flowing condi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07099-02-6
        A. 5244--A                          2
     1  tion; (k) preservation of forested  land;  (l)  preservation  of  public
     2  access  to  lands  for public use including stream rights and waterways;
     3  (m) preservation of historic places and properties  listed  on  the  New
     4  York  state register of historic places and/or protected under a munici-
     5  pal historic preservation ordinance or law; and (n) undertaking  any  of
     6  the  aforementioned  in furtherance of the establishment of a greenbelt.
     7  Preservation of community character shall also  include  the  protection
     8  and improvement of the quality of all water resources.
     9    § 2. This act shall take effect immediately.