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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 (Republican 1-0)

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

Download: New_York-2015-S03689-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3689                                                  A. 5244
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 13, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Local Governments
       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 1 of section 64-e of the town law is amended by
    2  adding a new paragraph (e) to read as follows:
    3    (E) "RETAIL FARM OPERATION" MEANS A SEASONAL OR ANNUAL ENTERPRISE WITH
    4  EITHER  PERMANENT  OR  NONPERMANENT STRUCTURES THAT ARE OPERATED FOR THE
    5  PURPOSES OF SELLING PREDOMINATELY FARM AND FOOD PRODUCTS IN  CONJUNCTION
    6  WITH OR IN SUPPORT OF LAND USED IN AGRICULTURAL PRODUCTION AS DEFINED IN
    7  SUBDIVISION  FOUR  OF  SECTION  TWO  OF THE AGRICULTURE AND MARKETS LAW.
    8  SUCH PORTION OF THE FARM AND FOOD PRODUCTS SHALL EXCEED FIFTY PERCENT OF
    9  THE GROSS ANNUAL INCOME OF SUCH RETAIL FARM  OPERATION.  FARM  AND  FOOD
   10  PRODUCTS  SHALL  MEAN  ANY  AGRICULTURAL  PRODUCT  OF THE SOIL OR WATER,
   11  INCLUDING BUT NOT LIMITED TO  FRESH  OR  PROCESSED  FRUITS,  VEGETABLES,
   12  EGGS,  DAIRY  PRODUCTS,  MEAT  AND  MEAT  PRODUCTS,  POULTRY AND POULTRY
   13  PRODUCTS, FISH AND FISH PRODUCTS, APPLE CIDER, FRUIT JUICE, WINE,  ORNA-
   14  MENTAL PLANTS, NURSERY PRODUCTS, FLOWERS, AND CHRISTMAS TREES.
   15    S  2.  Subdivision  4  of  section 64-e of the town law, as amended by
   16  chapter 423 of the laws of 2013, is amended to read as follows:
   17    4. Preservation of community character shall involve one  or  more  of
   18  the  following:  (a) establishment of parks, nature preserves, or recre-
   19  ation areas; (b) preservation  of  open  space,  including  agricultural
   20  lands  AND  RETAIL  FARM  OPERATIONS AS AN ACCESSORY USE TO AGRICULTURAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07099-01-5
       S. 3689                             2                            A. 5244
    1  LANDS; (c) preservation of lands of exceptional scenic value; (d)  pres-
    2  ervation of fresh and saltwater marshes or other wetlands; (e) preserva-
    3  tion  of  aquifer recharge areas; (f) preservation of undeveloped beach-
    4  lands  or  shoreline  including  those  at  significant  risk of coastal
    5  flooding due to projected sea level rise and future storms;  (g)  estab-
    6  lishment  of  wildlife  refuges  for  the  purpose of maintaining native
    7  animal species diversity, including the protection of habitat  essential
    8  to the recovery of rare, threatened or endangered species; (h) preserva-
    9  tion  of  pine barrens consisting of such biota as pitch pine, and scrub
   10  oak; (i) preservation of unique  or  threatened  ecological  areas;  (j)
   11  preservation of rivers and river areas in a natural, free-flowing condi-
   12  tion;  (k)  preservation  of  forested  land; (l) preservation of public
   13  access to lands for public use including stream  rights  and  waterways;
   14  (m)  preservation  of  historic  places and properties listed on the New
   15  York state register of historic places and/or protected under a  munici-
   16  pal  historic  preservation ordinance or law; and (n) undertaking any of
   17  the aforementioned in furtherance of the establishment of a greenbelt.
   18    S 3. This act shall take effect immediately.