Bill Text: NY S03689 | 2015-2016 | General Assembly | Amended


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 (Republican 1-0)

Status: (Engrossed - Dead) 2016-06-16 - SUBSTITUTED BY A5244A [S03689 Detail]

Download: New_York-2015-S03689-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3689--A
            Cal. No. 327
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 13, 2015
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government -- recom-
          mitted to the Committee on Local Government in accordance with  Senate
          Rule  6,  sec. 8 -- reported favorably from said committee, ordered to
          first and second report, ordered to a third reading, passed by  Senate
          and  delivered  to the Assembly, recalled, vote reconsidered, restored
          to third reading, amended and ordered reprinted, retaining  its  place
          in the order of third reading
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07099-02-6

        S. 3689--A                          2
     1  tion of pine barrens consisting of such biota as pitch pine,  and  scrub
     2  oak;  (i)  preservation  of  unique  or threatened ecological areas; (j)
     3  preservation of rivers and river areas in a natural, free-flowing condi-
     4  tion;  (k)  preservation  of  forested  land; (l) preservation of public
     5  access to lands for public use including stream  rights  and  waterways;
     6  (m)  preservation  of  historic  places and properties listed on the New
     7  York state register of historic places and/or protected under a  munici-
     8  pal  historic  preservation ordinance or law; and (n) undertaking any of
     9  the aforementioned in furtherance of the establishment of  a  greenbelt.
    10  Preservation  of  community  character shall also include the protection
    11  and improvement of the quality of all water resources.
    12    § 2. This act shall take effect immediately.
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