HomeMy WebLinkAboutL 13122 P 426 1111111 IIII IIIII IIIII IIIII IIIII 11111 111111111111111111
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: CONTRACT / OPTION Recorded: 10/01/2021
Number of Pages : 95 At: 12 : 10 : 15 PM
Receipt Number : 21-0172119
TRANSFER TAX NUMBER: 21-06655 LIBER: D00013122
PAGE : 426
District: Section: Block: Lot:
1000 095 . 00 01 . 00 007 . 002
MORTGAGE TAX NUMBER: DM037415
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $3, 925 ,350 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $0 . 00 YES Handling $0 .00 YES
COE $0 . 00 YES NYS SRCHG $0 . 00 YES
Affidavit $0 .00 YES TP-584 $0 . 00 YES
Notation $0 . 00 YES Cert.Copies $0 . 00 YES
RPT $0 . 00 YES Transfer tax $0 . 00 YES
Comm.Pres $0 . 00 YES Mort.Basic $0 .00 YES
Mort.Addl $0 .00 YES Mort.SplAddl $0. 00 YES
Mort.SplAsst $0 . 00 YES
Fees Paid $0. 00
TRANSFER TAX NUMBER: 21-06655
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECORDED
Number of pages ;� { 2021 Oct 01 12:10:15 PIA
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L D00013122
Social Security Numbers F 426
prior to recording. OM037415
DT#t 21-06655
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/.Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee
1.basic Tax
Handling 20. 00 2. Additional Tax
TP-584 _ Sub Total
n
Spec./Assit.
Notationor
t`
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State)
TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held forAppointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit + �. Mansion Tax
�o The property covered by this mortgage is
ertifiedCopy or will be improved by a one or two
NYS Surcharge 15. 00
family dwelling only.
Sub Total �'L� YES or NO
Other
Grand Total If NO, see appropriate tax clause on
page 14ofthis instrument.
4 Dist���0 4613658 10 5 Community Preservation Fund
PT
Real Property RSMI A Consideration Amount$
Tax Service 30-AUG-2 "fil
Agency CPF Tax Due $
Verification
Improved
6 Satisfactions/DischargeRs/Re__lease_s List Property'Owners Mailing Address
_ E o�vr]ryv{tikJ}`v Vacant Land
DIV,OF REAL PROPERTY ACQUISITION TD
AND MANAGEMENT
H.LEE DENNISON BLDG.-211d FLOOR *e'x
100 VETERANS MEMORIAL HIGHWAY ���t' TD
P.O.BOX 6100 TD
H AU PPAUG E.NY 11788-0099
Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffoIkcountyny.gov/clerk co + `
Title k 17-38 0150-11016
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Contract of Development Rights made
by: (SPECIFY TYPE OF INSTRUMENT)
Big Bing LLC The premises herein is situated in
SUFFOLK COUNTY,NEW YORK. ,
TO In the TOWN of Southold
County of Suffolk In the VILLAGE
or HAMLET of Southold
�OXES F THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
RT S
.. -
Stat I D. R snnl A4613658 `
30-AUG-21
Tax Maps
District Secton Block Lot School District
1000 09500 0100 007002 MATTITUCK-CUTCHOGUE
1000 09500 0100 008003 ��
r
THIS AGREEMENT, made this I Pday ofv , Two Thousand Twenty( �,
BETWEEN Big Bing LLC, c/o Robert Hougie, Managing Member, with an address at
675 Pauls Lane, Bridgehampton, NY 11932, hereinafter described as the SELLERS,
and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at
County Center, Riverhead, New York, hereinafter described as the PURCHASER,
WITNESSETH, that the SELLERS agree to sell and convey, and the PURCHASER,
COUNTY OF SUFFOLK agrees to purchase, as authorized in accordance with Article XI I of the
Suffolk County Charter, as amended and effective December 1, 2007, and pursuant to Chapter 8
of the Suffolk County Code as it now exists and as it may be amended or modified, and pursuant
to any related local laws Planning; StteR, �solutiono812-2016, Procedural Motion No. 2-2020,
and Resolution No. -20tSio ufounty Legislature, all on file with the Clerk of the
Suffolk County Legislature, the Development Rights, as hereinafter defined, to all that certain
plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk
and State of New York, identified by the following Suffolk County Tax Map No 1000-095.00-
01.00-008.003 p/o and 1000-095.00-01.00-007.002 p/o. being 60.39± acres, more particularly
bounded and described as set forth in the description annexed hereto as Exhibit "G", (the
"Premises").
1. Development Rights, as authorized by §247 of the New York State General
Municipal Law, as amended. shall mean the permanent legal interest and right to permit, require
or restrict the use of the premises exclusively for agricultural production and the right to preserve
open space as that term is defined in §247 of the General Municipal Law as amended, and the
right to prohibit or restrict the use of the premises for any purposes other than agricultural
production or to subdivide same all pursuant to-applicable state and local law. By the sale of
such development rights and.interest, the SELLERS shall be deemed to have covenanted and
agreed that the SELLERS, and their heirs, legal representatives, successors, assigns and/or party
or parties in lawful possession of the Premises, pursuant to lease, license or other arrangement,
shall only use the premises on and atter the date of delivery of the instrument of conveyance to
the PURCHASER for the purpose of such agricultural production. Such covenant shall run with
the land in perpetuity and the provisions of this paragraph shall survive the delivery of the
instrument of conveyance.
2. The SELLERS acknowledge that by the terms of this contract and the declarations
in the deed, that they have been informed that neither the SELLERS, nor their heirs. legal
representatives, successors, assigns and/or party or parties in lawful possession of the premises,
pursuant to lease, license or other arrangement, shall be permitted to remove soil from the
property to be covered by these development rights. A purpose of this acquisition is to protect
topsoil by limiting; non-agricultural production uses of the land. The topsoil present on the
premises consists of prime/unique/important soil. The representation is intended to also serve as
a covenant running forever with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of any instruments of this conveyance. . The purchase price is contingent
upon all tax map numbers as per Schedule A being under all the one ownership of Big Bing?
LLC.
i
t
J. The power and purpose of the PURCHASER is limited to acquiring the
Development Rights in land presently used or suitable for agricultural production and the
PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation
thereto, to hold a public hearing on said purchase and acquisition, and thereafter, either cancel
this agreement if the premises are not entirely used or suitable for agricultural production or to
accept that portion of the premises which is suitable for agricultural production, as herein
defined; in which case the price will be adjusted in proportion to the area deemed suitable using
the unit price as herein set forth.
4. The price is THREE MILLION NINE HUNDRED TWENTY FIVE
THOUSAND THREE HUNDRED FIFTY and 00/100 DOLLARS, more or less ($3.925,350+/-),
based on the representation of the SELLERS that the Premises contain 60.39 ± acres of land
suitable for agricultural production, the Development Rights of which are valued at SIXTY FIVE
THOUSAND and 00/100 DOLLARS ($65,000 per acre). The computation of acreage to
determine purchase price shall not include land contained in the bed of any easement, public
road, private road, any land as to which any other person or the public may have any rights, any
wetlands, riparian lands, littoral lands, and/or body of water, but title to the Development Rights
to all such areas as the SELLERS may have shall, nevertheless, be conveyed to the
PURCHASER. The price will be adjusted to the actual acreage to be determined by a survey, as
set forth below.
PURCHASER will have the premises surveyed by a professional engineer or licensed
land surveyor of its choice, at its expense; to determine the actual acreage of the area suitable for
agricultural production. It' the SELLERS are dissatisfied with the PURCHASER'S survey,
SELLERS may have the premises surveyed by a licensed land surveyor of its choice, at its
expense, to determine the actual acreage of the area suitable for agricultural production. If there
is a substantial variation between the two surveys, the actual acreage of the area suitable for
agricultural production for the purpose of this contract shall be determined by a third surveyor to
be selected by the first two surveyors. The determination of the third survcvor shall be binding,
and the third surveyor's cost shall be borne equally by the SELLERS and PURCHASER. If
SELLERS' survey or a third survey is secured, the re-computation of acreage to determine
purchase price shall not include land contained in the bed of any easement, public road, private
road, any land as to which any other person or the public may have any rights, any wetlands,
riparian lands, littoral lands, and/or body of water, but title to the Development Rights to all such
areas as the SELLERS may have shall, nevertheless, be conveyed to the PURCHASER. There
shall be no other adjustments or apportionments. The aforesaid price for the total acreage as
noted above shall be payable by Suffolk County check at the time of closing, subject to the terms
and conditions as set forth herein including but not limited to paragraph 8 of this agreement.
5. The deed shall be in the form approved by the Suffolk County Attorney, and shall
be duly executed and acknowledged so as to convey to the PURCHASER the Development
Rights of the said Premises, free of all liens and encumbrances, except as herein stated. If the
SELLERS are a corporation, they will deliver to the PURCHASER at the time of the delivery of
the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the
deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such
resolution and setting forth facts showing, that the conveyance is in conformity with the
requirements of Section 909 of the Business Corporation Law. if the SELLERS are a limited
liability company, it will deliver to the PURCHASER at the time of the delivery of the deed
hereunder. a copy of its articles of organization and any subsequent certificates pertaining
thereto, proof of publication of the same, and affidavit of appropriate member(s) or manager(s),
that the aforesaid documents are still in effect, that it and this transaction are in compliance with
Articles Il and IV of the Limited Liability Company Law, and that those executing the
documents effectuating this transaction have the authority to do so. The deed in such case shall
contain a recital sufficient to establish compliance with said section. A sample Deed of
Development Rights is annexed hereto as Exhibit "A".
6. Any sums paid on account of this contract and the reasonable expenses of the
examination of the title to said premises and of the survey, if any, made in connection therewith
are hereby made liens on said premises, but such liens shall not continue after default by the
PURCHASER under this contract.
7. A. Subdivision shall be defined as the division of the Iand covered by the
development rights into two or more parcels in whole or in part.
B. The SELLERS covenant and agree that the underlying fee title retained by
the SELLERS may not be subdivided into plots by the filing of a subdivision map pursuant to
§§276 and 277 of the Town Law and/or §335 of the Real Property Law, without the written
recordable consent of PURCHASER.
C. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable consent of the
PURCHASER.
D. Any subdivided parcels would be subject to the requirement that they be
used for agricultural production as defined herein. Subdivision shall not include the right to
construct any new structures or relocate any existing structures, except as would otherwise be
permitted herein.
E. Pursuant to Suffolk County Code §8-4(G)(2) and Suffolk County
Administrative Code §A40-6, as they now exist and as they may be amended or modified, and
pursuant to any related local laws, a proposed subdivision shall be reviewed by the Farmland
Committee and its recommendation shall be forwarded to the County Legislature for further
consideration.
F. If' Federal grants and/or funds are used and/or reimbursed to the
PURCHASER for this acquisition, the following sub-paragraphs shall apply:
(1) Lots created by the proposed subdivision shall remain viable for
agricultural production, either individually or as part of an
established farming operation.
(2) The United States Secretary of Agriculture shall be notified prior
to granting such permission for a subdivision.
The provisions of this section shall survive delivery of the instrument of conveyance and shall be
considered a covenant running with the land in perpetuity and shall be binding upon the
SELLERS, their heirs, successors and assigns, and shall inure to the benefit of the PURCHASER
and its successors and assigns.
8. This contract and the COUNTY OF SUFFOLK'S obligation to purchase the
development rights to the Premises and close on this transaction are conditioned upon and
subject to the following: (a) the Premises being free and clear of any mortgages, liens, or
encumbrances; (b) any state of facts an accurate survey may show, providing same does not
render title to the development rights unmarketable and/or diminish the approved appraised value
of the Premises; (c) covenants, easements, restrictions of record, if any, provided same do not
prohibit the use of the premises for agricultural production as defined herein and pursuant to
Suffolk County Drinking Water Protection Program, as amended and effective December 1,
2007, Section C12-2(A)(1)(f), and further provided that such covenants, easements or restrictions
do not diminish the approved appraised value of said property; (d) determinations made after
public hearing; (e) the SELLERS' obtainment of consents and permits, if necessary, as may be
required by any federal, state or local agency having jurisdiction; (f) an environmental audit of
the premises showing the premises to be free of contamination from toxic and/or hazardous
substances; (g) Suffolk County Administrative Code Section A404(N) attached hereto as
Exhibit "I", which states, in effect, that transfer of title to this parcel or interest therein shall take
place within two years after the effective date of the County resolution authorizing acquisition of
the same; (h) that in the event consideration is to be given to an application affecting an interest
in this acquisition which application has, or will be made by the SELLERS for a special permit,
variance, municipal zoning, or subdivision plat, Suffolk County Administrative Code A35-3(1))
mandates that this acquisition shall not be consummated, nor payment made, unless and until
said application for the special permit, variance, municipal zoning or subdivision plat has been
approved by the governmental entity responsible for determining same; (i) compliance with New
York State Agriculture and Markets Law ;;305(4), attached hereto as Exhibit "3"; 0) compliance
with Chapter 1070 of the Suffolk County Regulatory Local Laws, as amended by Resolution No.
265-2013, and further as the same may be amended and/or superseded; (k) the passage of a
resolution by the Suffolk County Legislature approving the COUNTY OF SUFFOLK'S
acquisition of the Development Rights to the Premises; and (1) the COUNTY OF SUFFOLK
obtaining and receiving the necessary funding for this acquisition. In the event said funding is
not received, the COUNTY OF SUFFOLK shall terminate this contract and thereafter none of
the parties shall have any further rights against or obligations to the other by reason of this
agreement.
9. The PURCHASER may make its determination of whether the premises are free
from all encumbrances, on the basis of their own examination of the title, or that of its agents, or
a title report of a member company of the New York Board of Title Underwriters, and may
require the SELLERS to clear title exceptions raised to the satisfaction of the PURCHASER and
PURCHASER'S title company.
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10. If, at the date of closing, there may be any other liens or encumbrances which the
SELLERS are obligated to pay and discharge, the SELLERS may use any portion of the balance
of the purchase price to satisfy the same, provided the SELLERS shall simultaneously either
deliver to the PURCHASERS at the closing of title instruments in recordable form and sufficient
to satisfy such liens and encumbrances of record, together with the cost of recording or filing
said instruments. The SELLERS agree to sign such proper vouchers for the closing checks) as
may be requested by the Suffolk County Comptroller at least two weeks prior to the date fixed
for closing. The PURCHASER, if request is made within a reasonable time prior to the date of
closing of title, agree to provide at the closing separate checks as requested, aggregating the
amount of the purchase price, to facilitate the satisfaction of any such liens or encumbrances.
The existence of any such taxes or other liens and encumbrances shall not be deemed objections
to title if the SELLERS shall comply with the foregoing requirements.
11. If a search of the title discloses judgments, bankruptcies or other returns against
other persons having names the same as or similar to that of the SELLERS, the SELLERS will
on request deliver to the PURCHASER an affidavit showing that such judgments, bankruptcies
or other returns are not against the SELLERS. If the judgment, bankruptcy or other return(s) are
against the SELLERS, the SELLERS will cause such judgment, bankruptcy or other return(s) to
be cleared to the satisfaction of PURCHASER'S title company and/or the Suffolk County
Attorney.
12. In the event that the SELLERS are unable to convey title in accordance with the
terms of this contract, the sole liability of the SELLERS will be to pay the cost of examining the
title, by the PURCHASER, the PURCHASER'S agents, or the PURCHASER'S title company,
which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, the
cost of any survey made in connection therewith incurred by the PURCHASER and the cost of
any environmental site assessment made in connection therewith incurred by the PURCHASER.
Upon such payment being made, this contract shall be considered canceled, and neither
SELLERS nor PURCHASER shall have any further rights against the other.
13. The SELLERS, simultaneously with the execution and delivery of this agreement,
has also delivered the required verified public disclosure statement for filing with the County
Comptroller; a copy of that statement is attached. At the time of the closing, the SELLERS shall
submit a current statement or a sworn statement that there have been no changes in interest since
the date of this agreement. Any evidence of' a conflict of interest or prohibited contractual
relationship shall require approval of the contract and sale by the Supreme Court of the State of
New York. The public disclosure documents are annexed hereto as Exhibit "B".
14. The deed shall be delivered at the offices of the Suffolk County Attorney, H. Lee
Dennison Building, 100 Veterans Memorial Highway, P.O. Box 5100, Hauppauge, New York,
11788 or at such other place as may be agreed upon by the parties, at 10:00 o'clock in the
forenoon, on or about ninety (90) days from the date of a fully executed Authorizing Resolution
of the Suffolk County Legislature approving the acquisition of the Premises, subject to the
receipt of a final survey guaranteed to the PURCHASER, pursuant to paragraph 4 herein. In the
event SELLERS or any of them wish to utilize the procedures available under [RC §1031,
5
r S
1.
PURCHASER agrees to cooperate in the same. Such SELLER shall provide written notice of
such intention to PURCHASER. Such notice shall contain the name and address of the Qualified
Intermediary to be employed by such SELLER. Such SELLER shall cause such Qualified
Intermediary to execute the appropriate County voucher for payment, and to supply a correctly
completed Form W-9 to PURCHASER. Notice shall be given to PURCHASER at least thirty
(30) days before a closing can be scheduled.
15. The parties agree that no broker brought about this sale and the SELLERS agree
to hold the COUNTY OF SUFFOLK harmless and to indemnify PURCHASER for any claims
for broker's commissions with respect to of this transaction.
16. The SELLERS herein agree to comply with all disclosure requirements as
imposed upon the PURCHASER through the various and several local laws and resolutions as
enacted by the Suffolk County Legislature.
17. The SELLERS further agree to file and execute all affidavits, documents and
vouchers as required by said local laws of the COUNTY OF SUFFOLK, and by rules,
regulations, ordinances, statutes and resolutions of the Suffolk County Legislature. The
SELLERS agrees to provide duly executed Internal Revenue Service Form W-9 and to sign such
proper vouchers for the closing check(s) as may be requested by the respective municipalities
and their officers at least twenty (20) days prior to the date fixed for closing, i.e., claim vouchers,
closing documents, etc. SELLERS acknowledge that a delay in the delivery of the W-9 or other
forms may result in the delay of the scheduled closing date. This requirement shall survive the
closing of title and delivery of the deed.
18. The SELLERS represent that the premises are agricultural land used for bona fide
agricultural production as defined herein. At no time has the premises been used for the
generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal
site. Moreover, there are not now, nor have there ever been, underground storage tanks on the
premises.
19. The SELLERS represent that there are no actions, suits, claims or proceedings
seeking money damages, injunctive relief, remedial action or any other remedy pending or
threatened relating to a violation or non-compliance with any Environmental Law; or the
disposal, discharge or release of solid wastes, pollutants or hazardous substances: or exposure to
any chemical substances, noises or vibrations to the extent the same arise from the condition of
the premises or SELLERS' ownership or use of the premises.
20. The SELLERS represent that no consent or approval is needed from any
governmental agency for the transfer of the Development Rights from SELLERS to
PURCHASERS, and neither the execution of this agreement, nor the closing of title, will violate
any Environmental Law.
21. "These representations and warranties contained in paragraphs 2. 18, 19, 20, 21,
22, 23 & 24 shall survive the closing, shall be binding upon SELLERS and the successors and
assigns, and shall inure to the benefit of PURCHASER and its successors and assigns.
6
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22. The SELLERS covenant and agree that they will:
(a) Not generate, store or dispose of hazardous substances on the premises,
nor allow others to do so;
(b) Comply with all Environmental Laws;
(c) Allow PURCHASER and its agent's reasonable access to the premises for
the purposes of ascertaining site conditions and for inspection of the premises for
compliance with this agreement.
(d) Where Federal grants and/or funds are used and/or reimbursed to the
PURCHASERS for this acquisition, representatives of the United States Department
of Agriculture shall also have the right to enter the property for monitoring
conservation plan implementation.
This covenant shall run with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of any instrument of conveyance pursuant to this agreement.
23. The SELLERS covenant and agree that they will defend, indemnify.. and hold
harmless the PURCHASER and any of its officers, agents, employees, and their respective
successors and assigns, against any and all damages, claims, losses, liabilities and expenses,
including, without limitation, responsibility for legal, consulting, engineering and other costs and
expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or
warranty made by SELLERS in this agreement and/or the subject deed; (2) the breach or
non-performance of any covenants required by this agreement and/or the subject deed to be
performed by the SELLERS, either prior to or subsequent to the closing of title herein; (3) any
action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or
other remedy by reason of a violation or non-compliance with any environmental law: or the
disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to
any chemical substances, noises or vibrations to the extent they arise from the ownership.
operation, and/or condition of the premises prior to or subsequent to the execution of the deed of
development rights; or (4) the acts or omissions or negligence of the SELLERS. This covenant
shall run with the land in perpetuity and the provisions of this paragraph shall survive the
delivery of any instrument of conveyance pursuant to this agreement.
23A. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER
for this acquisition of Development Rights, the United States of America shall also be deemed to
be an indemnified party under the indemnification as stipulated in Paragraph 24 herein, and the
SELLERS shall also indemnify the PURCHASER and the United States of America as to the
following:
SELLERS warrant that it is in compliance with and shall remain in compliance with, all
applicable Environmental Laws. SELLERS warrant that there are no notices by any
governmental authority of any violation or alleged violation of: non-compliance or alleged non-
7
compliance with any liability under any Environmental Law relating to the operations or
conditions of the Premises. SELLERS further warrant that it has no actual knowledge of a
release or threatened release of any Hazardous Materials, as such substances and wastes are
defined by applicable federal and state law.
Moreover, SELLERS hereby promise to hold harmless, defend and indemnify the
PURCHASER and hold harmless and indemnify the United States against all litigation, claims,
demands, penalties and damages, including reasonable attorney's fees, arising from or connected
with the release of any Hazardous Materials on, at, beneath or from the Premises. or arising from
or connected with a violation of any Environmental Laws by the SELLERS or any other prior
owner of the Premises. SELLERS' indemnification obligations shall not be affected by any
authorizations provided by SELLERS to PURCHASER with respect to the Premises or any
restoration activities carried out by PURCHASER at the Premises, provided, however, that
PURCHASER shall be responsible for any Hazardous Materials contributed after this date to the
Premises by PURCHASER.
'`Environmental Law" or "Environmental Laws" means any and all Federal, state,
local or municipal laws. rules, orders. regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing standards of
liability or standards of conduct (including common law) concerning air, water, solid waste.
hazardous materials, worker and community right-to-know, hazardous communication, noise,
radioactive material, resource protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste
oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals;
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment. The term "Hazardous Materials" shall not include agrochemicals such as
fertilizers, pesticides, herbicides, and fungicides used in connection with sound agricultural
management practices of the MRCS.
The preceding four paragraphs shall constitute covenants which shall run with the land in
perpetuity.
24. (a) The SELLERS have been advised that Federal grants and/or funds may be
used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree
to abide by the following language, where applicable because Federal funds have been or will be
received.
(i) Enforcement Rights in the United States of America:
In the event that the PURCHASERS fail to enforce any of the terms of this Deed
of Development Rights, as determined in the sole discretion of the Secretary of
the United States Department of Agriculture, the said Secretary of Agriculture and
8
his or her successors and assigns shall have the right to enforce the terms of the
Deed of Development Rights through any and all authorities available under
Federal or State law.
SELLERS covenant to manage the property in accordance with a conservation
plan that is developed utilizing the standards and specifications of the NRCS field
office technical guide and 7 C.F.R., Part 12, and is approved by the Conservation
District. As such the following paragraphs shall be incorporated into the Deed of
Development Rights:
(A) As required by section 12381 of the Food Security Act of 1983, as
amended, the SELLERS, their heirs; successors, or assigns, shall conduct
all agricultural operations on the Premises in a manner consistent with a
conservation plan prepared in consultation with NRCS and approved by
the Conservation District. This conservation plan shall be developed using
the standards and specifications of the NRCS Field Office Technical
Guide and 7 CFR part 12 that are in effect on the date of the Deed of
Development Rights. However, the SELLERS may develop and
implement a conservation plan that proposes a higher level of conservation
and is consistent with the NRCS Field Office Technical Guide standards
and specifications. NRCS shall have the right to enter upon the Premises,
with advance notice to the SELLERS, in order to monitor compliance with
the conservation plan.
(B) In the event of noncompliance with the conservation plan, NRCS
shall work with the SELLERS to explore methods of compliance and give
the SELLERS a reasonable amount of time, not to exceed twelve months,
to take corrective action. If the SELLERS do not comply with the
conservation plan, NRCS will inform PURCHASER of the SELLERS'
noncompliance. The PURCHASER shall take all reasonable steps
(including efforts at securing voluntary compliance and, if necessary,
appropriate legal action) to secure compliance with the conservation plan
following written notification from NRCS that (a) there is a substantial,
ongoing event or circumstance of non-compliance with the conservation
plan, (b) NRCS has worked with the SELLERS to correct such
noncompliance, and (c) SELLERS have exhausted their appeal rights
under applicable NRCS regulations.
(C) If the NRCS standards and specifications for highly erodible land
are revised after the date of this Grant based on an Act of Congress,
NRCS will work cooperatively with the SELLERS to develop and
implement a revised conservation plan. The provisions of this section
apply to the highly erodible land conservation requirements of the Farm
and Ranch Lands Protection Program and are not intended to affect any
other natural resources conservation requirements to which the SELLERS
9
may be or become subject.
(iii) Restriction on future land use shall apply and, as such, the following paragraphs
shall all be incorporated into the Deed of Development Rights:
(1) Impervious surfaces are permanent, non-seasonal rooftops,
concrete and asphalt surfaces. Impervious surfaces include
residential buildings, agricultural buildings (with and without
flooring), and paved areas.
(2) Impervious surfaces shall not exceed two (2) percent of the total
acreage of the Premises, unless the United States of America
grants a waiver above the two (2) percent limitation. Such waiver
may permit impervious surfaces to exceed two (2) percent but in
no instance shall such wavier permit impervious surfaces to exceed
ten (10) percent of the total acreage of the Premises. Conservation
Practices listed in the Field Office Technical Guide are exempt
from the impervious cover limitation.
(iv) The PURCHASER agrees that they will not at any time, when they are named as
Grantees in the Deed of Development Rights, seek to acquire the remaining fee
interest in the Premises. Likewise, if the PURCHASER enters into an agreement
with another entity to manage/monitor the Premises, and the entity seeks to
acquire the underlying fee, the PURCHASER agrees to immediately terminate
such a relationship and arrange for an uninterested party to manage/monitor the
Premises.
(v) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER
any amendments to the Deed of Development Rights shall be authorized by the
United States of America.
(b) The SELLERS have been advised that State grants and/or funds may be
used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree
to abide by the following language, where applicable because State funds have been or will be
received.
(i) After the development rights have been acquired by the
PURCHASER, any amendments to this Agreement/Easement shall be
authorized by the N.Y.S. Department of Agriculture and Markets.
Any and all of the above covenants shall run with the land in perpetuity, and the provisions of
this paragraph shall survive the delivery of any instruments of conveyance pursuant to this
agreement, and further shall be incorporated into any instruments of conveyance.
25. At the closing of title hereunder, if the SELLERS are not a foreign person as that
term is defined in Internal Revenue Service Code 1445(f)(3) and the regulations issued
10
thereunder. SELLERS shall deliver to PURCHASER a non-foreign affidavit. In the event that
the SELLERS are such a foreign person, or in the event that PURCHASER have actual
knowledge that the non- foreign affidavit is false, then PURCHASER shall deduct, withhold and
deliver to the Internal Revenue Service a tax equal to ten (10%) percent of the purchase price of
such amount as has been provided for in a Treasury Department qualifying statement.
26. It is understood and agreed that all understandings and agreements had between
the parties hereto are merged in this contract, which, with the exhibits, fully and completely
expresses their agreement, and that the same is entered into after full investigation, neither party
relying upon any statement or representation, not embodied in this contract, made by the other.
27. Local Law #32-1980 - The SELLERS represent and warrant that they have not
offered or given any gratuity to any official, employee, or agent of Suffolk County, New York
State, or of any political party, with the purpose or intent of securing favorable treatment with
respect to the performance of an agreement, and that such persons have read and are familiar
with the provisions of Local Law #32-1980, annexed hereto as Exhibit "C".
28. The SELLERS agree and acknowledge that they and their heirs, legal
representatives, successors, assigns and/or party or parties in lawful possession of the Premises,
pursuant to lease. license or other arrangement shall be bound thereby by all terms, provisions
and conditions of Chapter 8 of the Suffolk County Code as they now exist and as they may be in
the future amended or modified by legislative or judicial action, and by any related local laws.
This covenant shall run with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of any instruments of conveyance pursuant to this agreement.
29. It is understood and agreed by and between the parties to this contract that if the
SELLERS have retained or will retain certain portions of this property and exclude said portions
from this sale to the COUNTY OF SUFFOLK, then the SELLERS do hereby further covenant
and agree that no application for the erection of a residential dwelling will be made to the
PURCHASER as to those areas not retained by the SELLERS and which are the subject of the
Development Rights purchase, by themselves or their heirs, successors or assigns. Said covenant
shall run with the land in perpetuity and the provisions of this paragraph shall survive the
delivery of any instruments of conveyance pursuant to this agreement.
30. The SELLERS acknowledge that the PURCHASER must comply with New York
State Agriculture and Markets Law §305(4), attached hereto as Exhibit "J", if the subject
premises is located within an agricultural district, in that the PURCHASER is acquiring an
interest in land from the SELLERS, i.e., farmland development rights. Should that be the case,
as early as possible in the development of a proposal of such an action, the PURCHASER is
obliged to file a preliminary notice of its intent with the Commissioner of Agriculture and
Markets of New York State, and the county agricultural and farmland protection board, i.e., the
acquisition of the subject farmland development rights. Thereafter, said board reports its
findings and recommendations to said Commissioner who may hold a hearing subiect to legal
notice, and thereafter render a determination thereon. This procedure shall not apply and shall be
deemed not applicable or waived, respectively, either (a) if the subject premises is not located
within an agricultural district; or (b) if the subject premises is located within an agricultural
11
district, if the SELLERS agree and execute a waiver to such effect and provide a copy thereof to
the Commissioner, pursuant to New York State Agriculture and Markets Law §305(4)(d),
attached hereto as Exhibit 'W'. Accordingly, SELLERS agree, upon their execution of this
contract, to also execute such a document advising the PURCHASER of the SELLERS' election,
which, as appropriate, shall then be forwarded by the PURCHASER to the Commissioner.
31. In the event that any errors or omissions are made in computing the purchase
price, apportionments and/or other adjustments that are made at closing, same shall be corrected
within a reasonable time following the closing, upon a written request from either party. The
provisions of this paragraph shall survive the closing and the delivery of any instrument of
conveyance issued pursuant to this agreement.
32. The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall
constitute a Baseline Data Report, in order to evidence the present condition of the premises
(including both natural and manmade features) so as to facilitate future monitoring and
enforcement of the Development Rights. Copies of the listed documents shall remain on File
with the PURCHASER and shall be made available to the SELLERS upon written request. The
provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant
to this agreement.
33. (a) Recreational uses such as hiking, hunting, fishing, boating, horseback
riding that do not conflict with N.Y. Agric. & Mkts. Law §301, General Municipal Law § 247
and, if federal funding is received, the purpose of Section 2503 of the Farm Security and Rural
Investment Act of 2002 (Pub. L. 107-171), are permitted. Section 301 of the Agriculture and
Markets Law is annexed hereto as Exhibit"D".
(b) Under no circumstances shall athletic fields, golf course or ranges,
commercial airstrips, commercial helicopter pads or any other structure or improvement
inconsistent with current or future agricultural production be constructed on the premises.
The provisions of this paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
34. (a) The exploration for, or development and extraction of minerals and
hydrocarbons from the Premises by any means is prohibited.
(b) No person shall conduct a site disturbance, including, but not limited to.
dredging, excavation, filling, grading and/or soil removal, on agricultural land.
The provisions of this paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
35. Any amendments to this Contract and the subject deed shall be in writing and
executed in recordable form by the SELLERS and the PURCHASERS. The provisions of this
paragraph shall survive the delivery of any instruments of this conveyance.
36. New York State Tax Law, Section 663, effective September 1, 2003, provides that
12
non-resident individuals selling real property located in New York, except a principal residence,
as that term is defined in the Internal Revenue Code, 26 U.S.C. Section 121, along with two
other exceptions, requires that the SELLERS file a return and pay their estimated "personal
income tax liability on the gain, if any, from such sale or transfer." Said section also states that
no deed shall be recorded by any recording officer absent such a certification by the
commissioner or a certification by the transferor that this section is inapplicable to the sale or
transfer. SELLERS agree to comply with New York State Tax Law, Section 663, and further
agree to provide the appropriate certification, accordingly, as a condition of closing.
The provisions of this paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
37. The parties to this Agreement hereby certify that, other than the funds provided in
this Agreement and other valid Agreements with the County, there is no known personal,
business, commercial, professional, economic, or financial relationship between the parties, the
signatories to this Agreement, and any partners, members, directors, or shareholders of more
than five per cent (5%) of any party to this Agreement.
38. This agreement may not be changed or terminated orally. The stipulations
aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of
the respective parties.
39. If two or more persons constitute either the SELLER or the PURCHASER, the
word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLERS" or
"PURCHASERS" whenever the sense of this agreement so requires.
-balance of page intentionally blank-
13
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto.
IN PRESENCE OF:
COU TY OF F LK
By:
Name: M . .6A o-c K— By: R ert Hougie, Mana Ting Member
Title: Chief Deputy Co n y Executive
Date: ti �i Date:
Approved as to Form:
APPROVED:
County A ey
Date'
y: ROBERT A. ARAUN B .Aeebe.Cnc, SindKi�
Bureau Chief P1, COmn'��Sts+4n��
Municipal Law
Law Department rrt
Department of Economic Development
& Planning
14
STATE OF NEW YORK }
} ss.:
COUNTY OF RIAI�- }
On tho.,;7-day dall& in the year 2020, before me, the undersigned, personally appeared
Robert Hougie personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,
the individual, or the person upon behalf of which the in ted, executed the instrument.
Sig e and Office of Individual
Taking Acknowledgment
PATRICIA C MOORE
NOTARY PJUX,SU17E Of NEN!YORK
STATE OF *W York } Registration NM01MO48616M
dualitied In Suffolk Courdy
My Commission Expires June 16, �� '
COUNTY OF �3(}�JIC )
der
On the 14 day of A in the year-@-29A before me, the undersigned; personally appeared
ei'._,t,L-A— m . 5j act. , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her capacity, and that by his/her
signature on the instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
Signature and Office of lniTtvidual
Taking Acknowledgment
KEVIN H BUTTERFI ELD
NOTARY PUBLIC,STATE OF P4EW YORK
Registratlon�No. 01 BU6410222
OuallflMy Co miasio nEXSuffolk County October Oct r 19,9,2024
15
F '
Intro. Res. No. 1125-2018 Laid on Table 2/6/2018
Introduced by Presiding Officer, on request of the County Executive and Legislator Muratore
RESOLUTION NO. 05 -2018, AUTHORIZING THE
ACQUISITION _.OF.. FARMLAND DEVELOPMENT RIGHTS
UNDER THE NEW SUFFOLK COUNTY 1/4% DRINKING WATER
PROTECTION PROGRAM (EFFECTIVE DECEMBER 1, 2007)
FOR THE BIG BING, LLC PROPERTY -TOWN OF SOUTHOLD
-(SCTM NO. 1000-095.00-07.00-008.003 p/o)
WHEREAS, Local Law No. 24-2007, "A Charter Law Extending and Accelerating
the Suffolk County '/,% Drinking Water Protection Program for Environmental Protection,"
Section C12-2(A)(1) authorized the use of 31.10 percent of sales and compensating tax
proceeds generated each year for environmental protection, as determined by duly enacted
Resolutions of the County of Suffolk; and
WHEREAS, adequate funding is provided for, pursuant to Section C12-2(A)(1) of
the SUFFOLK COUNTY CHARTER, from 31.10 percent of the sales and compensating tax
proceeds,for the acquisition of such land; and
i
WHEREAS, Resolution No. 812-2016, authorized planning steps and appraisal
.and Procedural Motion No. 3-2017 authorized the acquisition of Farmland Development Rights
of the subject property; and
WHEREAS, pursuant thereto, said acquisition is to be made in accordance with
the procedures set forth in Chapter 8 of the Suffolk County Code winch provides that the same
shall be consummated in accordance with provisions of General Municipal Law Section 247 and 1
the recommendation of the Suffolk County Farmland Committee; and
WHEREAS, the Environmental Trust Review Board has reviewed the appraisals
and the report of the Internal Appraisal Review Board and has approved the purchase price and
authorized the-Director of Real Property Estate and/or her designee to negotiate the acquisition
of farmland development rights; and
WHEREAS, based upon the Environmental Trust Review Board approved value,
an offer to acquire the rights to subject property was made to and accepted by the owner of said
property; and
WHEREAS, contracts to acquire said rights were prepared by the Office of the
County Attomey, executed by the owner of the subject property and the Director of Real Estate
and/or his designee and approved as td legality by the office of the County Attorney; now,
therefore be it
7st RESOLVED, that the County of Suffolk hereby approves the acquisition of the
farmland development rights of the subject property set forth below under the New Suffolk
County Drinking Water Protection Program, effective December 1, 2007, Farmland component,
for a total purchase price'of Two Million Four Hundred Forty-Six Thousand One Hundred
Dollars ($2,446,100±), at Sixty One Thousand Dollars ($61,000) per acre for 40.1+ acres,
subject to a final survey; and hereby authorizes additional expenses, which shall include, but not
be limited to, the cost of surveys, appraisals, environmental audits, title reports and insurance,
y
and tax adjustments for inclusion In the Suffolk County Purchase of Development Rights
Program:
SUFFOLK COUNTY REPUTED OWNER
PARCEL: TAX MAP NUMBER: ACRES: AND ADDRESS:
No. 1 District 1000 40.1+ Big Bing, LLC
Section 095.00 7755 Oregon Road
Block 01.04 Southold, NY 11971
Lot 008.003 p/o
and be it further
2"d RESOLVED, that the Director of Real Estate and/or his designee, is hereby
authorized, empowered, and directed, pursuant to Section C42-2(C)(3) of the SUFFOLK
COUNTY CHARTER, to acquire the parcel(s) listed herein above from the reputed owner, the
funding for which shall be provided under the New Suffolk County Drinking Water Protection
Program, effective as of December 1, 2007, Farmland component, Section C12-2(A)(1)(f) of the
SUFFOLK COUNTY CHARTER, for the County's purchase price of Two Million Four Hundred
Forty-Six Thousand One Hundred Dollars ($2,446,100±), at Sixty One Thousand Dollars
($61,000) per acre for 40.1±acres, subject to a final survey: and be it further
31d RESOLVED, that the County Comptroller and County-Treasurer are hereby
authorized to reserve and to pay $2,446,100, subject to a final survey, from previously
appropriated funds In capital project 525-CAP-8714.211 for the New Suffolk County Drinking
Water Protection Program, effective December 1, 2007, Farmland component, Section C12-
2(A)(1)(0 of the SUFFOLK COUNTY CHARTER, for this acquisition; and be it further
4t' RESOLVED, that the Director of Real Estate and/or his designee; the County
Planning Department; and the County Department of Public Works are hereby authorized,
empowered, and directed to take such actions and to pay such additional expenses as may be
necessary and appropriate to consummate such acquisition, including, but not limited to,
securing appraisals, title insurance and title reports, obtaining surveys, engineering reports and
environmental audits, making tax adjustments and executing such other documents as are
required to acquire such County interest in said lands; and be It further
6th RESOLVED, that this Legislature, being the State Environmental Quality Review
Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type 11
Action pursuant to 6 NYCRR Sections 617.5 c(20) and (27) of the New York Code of Rules and
Regulations since such actions are simply legislative decisions administering and implementing
the acquisition of farmland development rights as part of the Suffolk County Purchase of
Development Rights Program which will mainly .result in a beneficial impact and for which
SEQRA Determination of non-significance has already been issued.
DATED: March 6, 2018
APPROVED BY:
County Executive of Suffolk County
Date: MAR � 3 2018
2
SUFFOLK COUNTY This is to Cert That 1, JASON RICHBEwRG,Clerk of the
County Legislature County Legislature of the County of Suffolk, have compared the foregoing
R]VERHEAD,NY copy of resolution with the original resolution now on file In this office, and
which was duly adopted by the County Legislature of said County on
i+ tEe1s� March 6, 2018 and that the same Is a true and
correct transcript of said resolution and of the whole thereof.
in Witness-Whereof, I have hereunto set my hand and the
i
official seal of the County Legislature of the County of Suffolk.
C r of the Legislature
I
Intro. Res.No: 1865-2020 Laid on Table 1114/2020
Introduced by Presiding Officer, on-request of the County Executive
RESOLUTION NO. 876-2020, AUTHORIZING CERTAIN
TECHNICAL. CORRECTION TO ADOPTED RESOLUTION NO.
88-2018
WHEREAS, the County Legislature has adopted and the County,Executive has
signed Resolution No. 86-2418, and
WHEREAS, this resolution when adopted contained a certain technical error; and
WHEREAS, the County Executive and the Presiding Officer desire to make the
following technical correction to this resolution; now, therefore be it
1� RESOLVED, that the County Clerk of the Legislature shall make the following
technical correction:
Resolution No. 86-2018
Name and address of Owner should read as follows:
Big B113g, I.L.C. 675 Pauls Lane, Bddggh@Mpjgn. NY. 1,1932
(Little Bing, LLC, 7755 Oregon Road, Southold, NY 119711
DATED: December 1, 2020
APPROVED BY:
County Executive of Suffolk County
Date: DEC 1 4 2020
i.R P.M. 1 B.A. 1 C.B:A.: Res. No. Date: 12/1/20
moildw CD$RQn80 '
Krupgkl,Fleming, .unde Hahn,Anker Krupslrl,Fleming,Sunderman.Hahn,Anker
Catarco,Rledillo,Gonzalez.01ral,Flottaron,Kennedy Caferco,Piodrdlo,Oaazafe:,CUM,f-loileron,Kennedy
Trotta,McCaffrey,Rfchberg,Borland,Donnelly,!near Trotta,McCaffrey,Nchharp,Berland,Donnelly,spencer
�GOndi
Krupakl.Fleming,Suridennan;Hahn,Anker
Cslarco,Ploelrlllo;Gortzelez,dmf,Flotteron,Kennedy
Trotta, ,R=69tg;Berland,Donnelly.Spencer
tD. ..: :.. ...:Lb IslOtcr: ::yes:.: .-ft.- Abi3< NP _ R:.
1 Albert J. KRUPSKI T ke Out of Order
. 2 Bridpat FLEMINGpprove
3• Rudolph A:.SUNDERMAN Table:
4 Table Subject To Cali
.'6 • Sarah S.ANKER Extend Public Portion
8- Anthony PICCIRILLO Close Public Portion
.9 Samuel GONZALEZ' Reconsider
10 Thomas CILM. Close Public Hearing ,*
11 Steven-J. FLOTTERON : Recess Public Hearing.• '
12 Leslie KENNEDY Send'To Committee
13 RobertTROtTA' ' Waive Rule
14 Kevin J.MCCAFFREY Recommit
15 Jason RICHSERG Override Veto
16. Susan.A. BERLAND Lay On The Table
17 Tom.DONNELLY ____Withdraw
18 William R.SPENCER. ' . APPROVED. FAILED-
. 5 Kara HAHN, D.P.O. No Niollon, No Second
.7' Rob CALARCO,P.O.
Totals FINAL ACTIQN =
ADOPTED
NOT. ADOPTED
i
Arn lits,Cle of the Le ature Roll Call voice vote
Intro. Res. No. 1126-2018 Laid on Table 2/6/2018
Introduced by Presiding Officer, on request of the County Executive and Legislator Muratore
RESOLUTION NO. 86 -2018, AUTHORIZING THE
ACQUISITION OF FARMLAND DEVELOPMENT RIGHTS
UNDER THE NEW SUFFOLK COUNTY %% DRINKING WATER
PROTECTION PROGRAM (EFFECTIVE DECEMBER i, 2007)
FOR THE LITTLE . BING, LLC PROPERTY - TOWN OF
SOUTHOLD -(SCTM NO. 11000-095.00-01.00a7.002 plo)
WHEREAS, Local Law No. 24-2007, "A Charter Law Extending and Accelerating
the Suffolk County %,% Drinking Water Protection Program for Environmental Protection,"
Section C12-2(A)(1) authorized the use of 31.10 percent of sales and compensating tax
proceeds generated each year for environmental protection, as determined by duly enacted
Resolutions of the County of Suffolk;'and
WHEREAS, adequate funding is provided for, pursuant to Section C12-2(A)(1) of I
the SUFFOLK COUNTY CHARTER, from 31.10 percent of the sales and compensating tax ;
proceeds,for the acquisition of such land; and
WHEREAS, Resolution No. 812-2016, authorized planning steps and appraisal,
and Procedural Motion No. 3-2017 authorized the acquisition of Farmland Development Rights
of the subject property; and
WHEREAS, pursuant thereto, said acquisition is to be made in accordance vvith
the procedures set forth in Chapter 8 of the Suffolk County Code which provides that the same
shall be consummated in accordance with provisions of General Municipal Law Section 247 and
the recommendation of the Suffolk County Farmland Committee; and
WHEREAS, the Environmental Trust Review Board has reviewed the appraisals
and the report of the Internal Appraisal Review Board and has approved the purchase price and
authorized the Director of Real Property Estate and/or her designee to negotiate the acquisition
of farmland development rights; and
WHEREAS, based upon the Environmental Trust Review Board approved value,
an offer to acquire the rights to subject property was made to and accepted by the owner of said
property; and
WHEREAS, contracts to acquire said rights were prepared by the Office of the
County Attorney, executed by the owner of the subject property and the Director of Real Estate
and/or his designee and approved as to legality by the office of the -County Attorney; now,
therefore be it
1st RESOLVED, that the County of Suffolk hereby approves the acquisition of the
farmland development rights of the subject property set forth below under -the New Suffolk
County Drinking Water Protection Program, effective December 1, 2007, Farmland component,
for a total purchase price of One Million Four Hundred Eighty Thousand Five Hundred
Dollars ($1,480,500t), at Sixty-Three Thousand Dollars ($63,000) per acre for 23.5± acres,
subject to a final survey; and hereby authorizes additional expenses, which shall Include, but not
be limited to, the cost of surveys, appraisals, environmental audits, title reports and insurance,
and tax .adjustments for inclusion in the Suffolk County Purchase of Development Rights
Program:
SUFFOLK COUNTY REPUTED OWNER
PARCEL; TAX MAP NUMBER: ACRES: AND ADDRESS:
No. 1 District 1000 23.5+ Little Bing, LLC
Section 095.00 6795 Oregon Road
Block 01.00 Southold, NY 11971
Lot 007.002 p/o
and be it further
2"d RESOLVED, that the Director of Real Estate and/or his designee, is hereby
authorized, empowered, and directed, pursuant to Section C42-2(C)(3) of the SUFFOLK
COUNTY CHARTER, to acquire the parcel(s) listed herein above from the reputed owner, the
funding for which shall be provided under the New Suffolk County Drinking Water Protection
Program, effective as of December 1, 2007, Farmland component, Section C12-2(A)(1)(f) of the
SUFFOLK COUNTY CHARTER, for the County's purchase price of One Million Four Hundred
Eighty Thousand Five Hundred Dollars ($1,460,500 , at Sixty-Three Thousand Dollars
($83,000) per acre for 23.5- acres, subject to a final survey; and be it further
3'd RESOLVED, that the County Comptroller and County Treasurer are hereby-
authorized to reserve and to pay $1,480,500±, subject to a final survey, from previously
appropriated funds in capital project 525-CAP-8714.211 for the New Suffolk County Drinking
Water Protection Program, effective December 1, 2007, Farmland component, Section C12-
2(A)(1)(f) of the SUFFOLK COUNTY CHARTER, for this acquisition; and be it further
4`h RESOLVED, that the Director of Real Estate and/or his designee; the County
Planning Department; and the County Department of Public Works are hereby authorized,
empowered, and directed to take such actions and to pay such additional expenses as may be
necessary and appropriate to consummate such acquisition, Including, but not limited to,
securing appraisals, title Insurance and title reports, obtaining surveys, engineering reports and
environmental audits, making tax adjustments and executing such other documents as are
required to acquire such County interest in said lands; and be it further
5i' RESOLVED, that this Legislature, being the State Environmental Quality Review
Act(SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type II
Action pursuant to B NYCRR Sections 617.5 c(20) and (27) of the New York Code of Rules and
Regulations since such actions are simply legislative decisions administering and implementing
the acquisition of farmland development rights as part of the Suffolk County Purchase of
Development Rights Program which will mainly result in a beneficial impact and for which
SEQRA Determination of Non-Significance has already been issued.
DATED: March 6, 2018
APPROVED BY:
County Executive of tuffolk County
Date: MAR f 3 2010
2
Name:Little Bina LLC and Big Bina LLC Introductory Resolution No.17JU-2016
S.C,T.M. No.: - 1. and IR 1125-2018 and IR 1126-2018
1000-095,00-01.00-008.003 RIO
A.
This rating system was developed for the evaluation of farmland for the potential purchase of its development
rights (PDR) and Induslon in the County's Purchase of Development Rights Program under Chapter ti of the Suffolk
County Code.The system considers four major factors: contiguity,vistas, soils,and value.The first two factors seek to
preserve large blocks of farmland, thus protecting the land from nonagricultural Intrusions and preserving the scenic
vistas. Soils which are better for farming, such as Bridgehampton and Haven associations, are assigned higher point
values. Slope also plays a part in the soil type and its desirability for use as farmland. The estimated price of the
farmland is also considered In the evaluation. Bonuses are given for farms within Agricultural Districts or within high
population density areas.Negative points may be given for negative impacts such as excavations.
FARMLAND Score 5ut,tdal
PRESERVATIONFACTORS
A�.CaNTifGIIITY;PROJimmayto:phis RVEF)FARM_ PROPERTIES
i. PDR pro erties on three sides. 5 ts.
2. PDR properties on twn sides. 4pts.) 4
3. PDR properties on one side.(3 pts.)
4. Largo amount of protected farmland nearby. 2pts.)
5. Sane protected farmland nearby. 1 t.
B. No protected farrrdand nearb . 0t _��____
Bi.VISTAS _
i. Lon road frontage and part of a I KV block of farmland(1110+acres. 5 ts. _ _ S_
�2. Small road frontage and part of a large block of farmland. 4pts.)
3. Lon road[ron a andart of a small block of farmland. 3 pts.)
4. Small road frontage and-part of a small block of farmland.(2pts.) T
5. Less than 100'of road fronts and dad of a large block af_fannland. 1 t.
Less than 100' f road to 9 pal pqd ipf a s 1 o fRgUlarid. 0 pQ
ops i apabllity
1. Capability Unit 1.1:Bridgehampton,Haven,Montauk 5pts.) 0-3% BgA,HaA,MkA 3.75^
2. Nearly Rat Class W.Riverhead,Sda,P outh,Haven,Montauk.L4��--_ Mk RdA,SdA,PsA,He;thfA .4--
3. Best soils but with some slope:8ridgehampton,Haven,Montauk(3 pts.). 2 8% NB.BhB,HeB,MkB
4. Other Class II soils with some slopo,_Montauk,Riverhead,Sclo,Sudbury.(2 pts.) _ 2-8% MB,RdB,ScB,Su 1
5. Nonprime soil that is fanned'PILmouth. 1 t. _ Pm83 —
a soil.(0 pt L _ 4.25
Dr A4RookiM�.l3EYEL Pm tN!R1G S u� kk fsvblqolo appral3al and rove)
1. $100,000,or less.
2, $100,001.4200,000. 1 t. -
1E.AR]USTMENTS:. _
1, Located within a Census Designated Place wllh a population densityof?:1,000 rsons e7 s uare miie. 3pts.)
2. Located within an e*Ung cer5fled Agricultural District. 1 t 1
3. Antid led artnership vrith the nwnia_pal'ty andfor not-for-profit oonsenratb_____n organization.
-4. Other positive factors. i.e. historical s' niflcance,k:ommuni benefit,etc. 1 or 2pts.) 1
5 other negative factors. -1 a-2 ts.) 2
iTOTAL SCORE18.25
S.C.Farmland Comrdllee Meeting:7121/2010
. . A.Arnakawa
Vnaon 07.22.2400
. SUFFOLK COUNTY This fs to Certyfi That I, JASON RICHBERG, Clerk of the
County Legislature County Legislature of the County of Suffolk, have compared the foregoing
RIVERHEAD,NY copy of resolution with the original resolution now on file In this office, and
which was duly adopted by the County Legislature of said County on
�y tEsrs� March 6, 2018 and that the same is a true and
a* ora correct transcript of said resolution and of the whole thereof.
In"Witness"Whereof, I have hereunto set my hand and the
official seal of the County Legislature of the County of Suffolk.
C of the Legislature
i
Exhibit "G"
EXHIBITS ANNEXED TO CONTRACT
FOR THE
PURCHASE OF DEVELOPMENT RIGHTS
A. Sample Deed of Development Rights
B. Public Disclosure Statement
C. Copy of Local Law 32-1980
D. Copy of§301 of the Agriculture and Markets Law
E. Copy of Chapter 8 of the Suffolk County Code; as amended
F. Offer Letter
G. Description of Property
H. Tax Map
1. Suffolk County Administrative Code Section A40-4(N)
J. Copy of§305 of the Agriculture and Markets Law
K. Form in compliance with Agriculture and Markets Law §305(4)
17
SAMPLE DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE, made the day of , 201
BETWEEN , residing at
and residing at hereinafter described as
the PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New' York,
having its principal offices at the Suffolk County Center, Center Drive, Riverhead,New York
11901, PARTY OF THE SECOND PART,
WITNESSETH, that pursuant to Chapter 8 of the Suffolk County Code as it now exists
and as it may be amended or modified, and pursuant to any related local laws, and in accordance
with Resolution No. 867-2010, as amended, and Resolution No. -201_of the Suffolk
County Legislature,
(If authorized pursuant to another program(s), add the following): and
Of Suffolk County New Drinking Water Protection Program -Farmland): Article XII of the
Suffolk County Charter, as amended and effective December 1, 2007...
Of Multi-Faceted-Farmland): the Multi-Faceted Land Preservation Program, Resolution No.
459-2001 (5th RESOLVED clause ...
(If Land Preservation Partnership-Farmland): the Land Preservation Partnership Program,
Resolution Nos. 751-1997; 652-1998; and 375-1999...
that the PARTY OF THE FIRST PART, in consideration of and 001100
, DOLLARS. and other good and valuable consideration paid by the PARTY OF
THE SECOND PART, DO HEREBY GRANT AND RELEASE unto the PARTY OF THE
SECOND PART, the successors and assigns of the PARTY OF THE SECOND PART forever,
THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as
authorized by §247 of the New York State General Municipal Law, as amended, and Local Law
No. 52-2010 of the County of Suffolk, as amended, to permit, require or restrict the use of the
premises exclusively for agricultural production as that term is defined in Local Law 52-2010 of
the County of Suffolk, as amended, and the right to preserve open space as that term is defined in
§247 of the New York State General Municipal Law, as amended, and the right to prohibit or
restrict the use of the premises for any purpose other than agricultural production, to the property
described as follows:
ALL that piece or parcel of land, situated in the Town of , County of
Suffolk, and State of New York, more particularly bounded and described as follows: (see
description annexed hereto and made a part hereof, said property to be referred to hereafter as the
"Premises"):
EXHIBIT"A"
BEING AND INTENDED to be the same premises conveyed to @
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in'the premises herein
granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever;
AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST
PART has-not done or suffered anything whereby the said premises have been encumbered in
any way whatever, except as aforesaid. The PARTYOF THE FIRST PART, as a covenant
running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST
PART, and their heirs, legal representatives, successors, assigns and/or party or parties in lawful
possession of the premises subject to this deed of development rights, pursuant to lease, license,
or other arrangement, to use of the premises on and after the date of this instrument solely for the
purpose of agricultural production, as same is defined in Chapter 8 of the Suffolk County Code
as it now exists and as it may be amended or modified, and pursuant to any related local Iaws;
THE Development Rights conveyed herein are subject to the further terms and provisions
as set forth in a certain contract of sale between the PARTIES hereto dated as the same
is intended to be recorded in the office of the Suffolk County Clerk prior in time to this deed,
portions of which as contained therein have and will survive the delivery of this instrument of
conveyance.
THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights, pursuant to lease, license, or other arrangement, covenant and agree that it
will not remove any soil from the premises described herein. A purpose of this acquisition is to
protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on
the premises consists of prime/unique/ important soil. This covenant shall run with the land in
perpetuity.
THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights, pursuant to lease, license, or other arrangement, covenant and agree that they
will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others
to do so; (b) comply with all Environmental Laws; (c) allow PARTY OF THE SECOND PART
and its'agents reasonable access to the premises for the purposes of ascertaining site conditions
and for inspection of the premises for compliance with this agreement. Where Federal grants
and/or funds are used and/or reimbursed to the PARTY OF THE SECOND PART for this
acquisition,representatives of the United States Department of Agriculture shall also have the
right to enter the property as stated in subparagraph(c) herein. This covenant shall run with the
land in perpetuity.
THE following covenants shall run with the land in perpetuity and shall be deemed
applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for
the purchase of the Development Rights of the Premises:
{i) Enforcement Rights in the United States of America:
In the event that the PARTY OF THE SECOND PART fail to
enforce any of the terms of this Deed of Development Rights, as
determined in the sole discretion of the Secretary of the United States
Department of Agriculture, the said Secretary of Agriculture and his
or her successors and assigns shall have the right to enforce the terms
of the Deed of Development Rights through any and all authorities
available under Federal or State law.
(ii) PARTY OF THE FIRST PART covenants to manage the property in
accordance with a conservation plan that is developed utilizing the
standards and specifications-of the NRCS field office technical guide
and 7 C.F.R., Part 12, and is approved by the Conservation District.
(A) As required by section 12381 of the Food Security Act of 1985, as
amended,the PARTY OF THE FIRST PART, their heirs,
successors, or assigns, shall conduct all agricultural operations on
the Protected Property in a manner consistent with a conservation
plan-prepared in'consultation with NRCS and approved by the
Conservation District. This conservation plan shall be developed
using the standards and specifications of the NRCS Field.Office
Technical Guide and 7 CFR part 12 that are in effect on the date of
the Deed of Development Rights. However, the PARTY OF THE
FIRST PART may develop and implement a conservation plan that
proposes a higher level of conservation and is consistent with the
NRCS Field Office Technical Guide standards and specifications.
NRCS shall have the right to enter upon the Protected Property,
with advance notice to the PARTY OF THE FIRST PART, in
order to monitor compliance with the conservation plan.
(B) In the event of noncompliance with the conservation plan, NRCS shall
work with the PARTY OF THE FIRST PART to explore methods of
compliance and give the PARTY OF THE FIRST PART a reasonable
amount of time, not to exceed twelve months, to take corrective action. If
the PARTY OF THE FIRST PART do not comply with the conservation
plan,NRCS will inform the PARTY OF THE SECOND PART of the .
PARTY OF THE FIRST PART'S noncompliance. The PARTY OF THE
SECOND PART shall take all reasonable steps (including efforts at
securing voluntary compliance and, if necessary, appropriate legal action)
to}secure compliance with the conservation plan following written
notification from NRCS that (a) there is a substantial, ongoing event or
circumstance of non-compliance with the conservation plan, (b)NRCS has
worked with the PARTY OF THE FIRST PART to correct such
noncompliance, and (c)the PARTY OF THE FIRST PART has exhausted
their appeal rights under applicable NRCS regulations.
(C) If the NRCS standards and specifications for highly erodible land are
revised after the date of this Grant based-on an Act of Congress, NRCS
will work cooperatively with the PARTY OF THE FIRST PART to
develop and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of the
Farm and Ranch Lands Protection Program and are not intended to affect
any other natural resources conservation requirements to which the
PARTY OF THE FIRST PART may be or become subject.
(iii) The following restriction on future land use shall apply:
(1) Impervious surfaces are permanent, non-seasonal rooftops,
concrete and asphalt surfaces. Impervious surfaces include
residential buildings, agricultural buildings (with and without
flooring), and paved areas.
(2) Impervious surfaces shall not exceed two (2) percent of the total
acreage of the Protected Property, unless the United States of
America grants a waiver above the two (2)percent limitation.
Such waiver may permit impervious surfaces to exceed two (2)
percent but in no instance shall such wavier permit impervious
surfaces to exceed ten(10) percent of the total acreage of the
Protected Property. Conservation Practices listed in the Field
Office Technical Guide are exempt from the.impervious cover
limitation.
(iv) The PARTY OF THE SECOND PART agree that they will not at any time seek
to acquire the remaining fee interest in the Premises. Likewise, if the PARTY OF
THE SECOND PART enter into an agreement with another entity to
manage/monitor the Premises, and the entity seeks to acquire the underlying fee,
the PARTY OF THE SECOND PART agree to immediately terminate such a
relationship and arrange for an uninterested party to manage/monitor the
Premises.
(v) After_the DEVELOPMENT RIGHTS have been acquired by the
PARTY OF THE SECOND PART any amendments to the Deed
of Development Rights shall be authorized by the United States of
America.
THE following covenant shall run with the land in perpetuity and shall be deemed
applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND
PART for the premises:
(i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized in writing by the N.Y.S. Department of Agriculture
and Markets.
THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights,pursuant to lease, license, or other arrangement, covenant and agree that they
shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers,
agents, employees, and, their respective successors and assigns, harmless from and against any
and all damages, claims, losses, liabilities and expenses, including, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses which may arise out
of(1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF
THE FIRST PART in the subject agreement and/or this deed; (2)the breach or non-performance
of any covenants required by the subject agreement and/or this deed to be performed by the
PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein; (3)
any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action,
or other remedy by reason of a violation or non-compliance with any environmental law; or the
disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to
any chemical substances, noises or vibrations to the extent they arise from the ownership, .
operation, and/or condition of the premises prior to or subsequent to the execution of the deed of
development rights; or(4) the acts or omissions or negligence of the PARTY OF THE FIRST
PART. This covenant shall run with the land in perpetuity.
IF Federal grants and/or funds are used and/or reimbursed to the PARTY OF THE
SECOND PART for this acquisition of Development Rights,the United States of America shall also
be deemed to be an indemnified party under the indemnification as stipulated in the preceding
paragraph, and the PARTY OF THE FIRST PART shall also indemnify the PARTY OF THE
SECOND PART and the United States of America as to the following four paragraphs:
PARTY OF THE FIRST PART warrants that it is in compliance with and shall remain in
compliance with,all applicable Environmental Laws.PARTY OF THE FIRST PART warrants that
there are no notices by any governmental authority of any violation or alleged violation of, non-
compliance or alleged non-compliance with any liability under any Environmental Law relating to
the operations or conditions of the Premises.PARTY OF THE FIRST PART further warrants that it
has no actual knowledge of a release or threatened release of any Hazardous Materials, as such
substances and wastes are defined by applicable federal and state law.
Moreover,PARTY OF THE FIRST PART,their heirs,legal representatives,successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights,pursuant to lease,license,or other arrangement hereby promise.to hold harmless,
defend and indemnify the PARTY OF THE SECOND PART and hold harmless and indemnify the
United States against all litigation, claims, demands, penalties and damages, including reasonable
attorney's fees,arising from or connected with the release of any Hazardous Materials on,at,beneath
or from the Premises, or arising from or connected with a violation of any Environmental Laws by
the PARTY OF THE FIRST PART or any other prior owner of the Premises. PARTY OF THE
FIRST PART' S indemnification obligations shall not be affected by any authorizations provided by
the PARTY OF THE FIRST PART to the PARTY OF THE SECOND PART with respect to the
Premises or any restoration activities carried out by PARTY OF THE SECOND PART at the
Premises, provided, however, that the PARTY OF THE SECOND PART shall be responsible for
any Hazardous Materials contributed after this date to the Premises by the PARTY OF THE
SECOND PART.
"Environmental Law"or"Environmental Laws"means any and all Federal,state,local
or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
requirements of any governmental authority regulating or imposing standards of liability or standards
of conduct(including common law)concerning air,water,solid waste,hazardous materials,worker
and community right-to-know, hazardous communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health protection and similar
environmental health,safety,building and land use as may now or at any time hereafter be in effect.
"Hazardous Materials"means any petroleum,petroleum products,fuel oil,waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment. The term"Hazardous Materials"shall not include agrochemicals.such as fertilizers,
pesticides, herbicides, and fungicides used in connection with sound agricultural management
practices of the NRCS.
The preceding four paragraphs shall constitute covenants which shall run with the land in
perpetuity.
THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the sense
of this indenture so requires.
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly executed this deed the
day and year first above written.
In Presence 0£
'(Name)
@Use if being signed by a corporation
(Corp. name if applicable)
By:
(Name)
(Title, if applicable)
Acknowledgment - (PARTY OF THE FIRST PART)
STATE OF )
ss..
COUNTY OF )
On the day of , in the year 201 before me, the undersigned,
personally appeared , personally known to me or proved
to me'on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her capacity, and
that by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signature and Office of Individual
Taking Acknowledgment
Record and Return to:
Division of Real Property
Acquisition and Management
H. Lee Dennison Bldg. - 2nd Fl.
P.O. Box 6100
Hauppauge,New York 11788
• K
Big Bing LLC
Certified Public Disclosure Statement
Pursuant to Chapter 551 of the Laws of Suffolk County
Instructions:
This disclosure statement must be signed by all owners of record, contract vendees,
lessors, lessees, sub-lessors, sub-lessees, contract lessors, contract lessees, contract
sub-lessors, contract sub-lessees, holders of encumbrances and contract holders of
encumbrances. The purpose of this disclosure statement is to insure disclosure of any
interest of any nature or form, whether oral or written, held by any individual, partnership,
firm or corporation. This disclosure statement is to be acknowledged before a notary
public.
The preliminary identification of the seller and items "V THROUGH "T' SHALL BE
DEFINITIVELY ANSWERED. In all instances the required information should be
furnished, and if the answer is NO or NONE, it should so state in the response. The
phrase "NOT APPLICABLE" shall not be used on this form. DO NOT LEAVE ANY
BLANKS. Add additional sheet if necessary.
Seller's Name Big Bing, LLC
Address 675 Pauls Lane
City and State Bridgehamoton. NY .._ Zip Code 11932
Type of Entity: Natural Person Corporation Limited Liability
Company x Other Business Entity Trust
I. if the seller is an individual or individuals, disclose whether the individual or
individuals are officers or employees of the County of Suffolk.
Yes x No
1
d ,
2. If the seller is a corporation, partnership, association, limited liability company,
trust or other business entity provide a complete list of the names and addresses
of those individuals, whether they are shareholders, partners or trustees, holding
at least a five-percent interest in the corporation, partnership or association
Robert Hou ie 675 Pauls Lane Brid ehm ton NY 11932
3. Provide the table of organization for the entity, which shall include the names and
addresses of all individuals serving on the Board of Directors or comparable body
and the names and addresses of all partners and the names and addresses of all
corporate officers. Conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County.
Robert Hou ie — 100% 675 Pauls Lane Brid ehm ton NY 11932
4. The names of all mortgagees, lienors and judgment creditors having an interest in
the property to be acquired.
None
5. The names and addresses of all commissioned sales agents, attorneys, and any
other party with a direct financial interest in the consummation of the real estate
transaction.
None
2
6. The names and addresses of the real estate broker or brokers (co-brokers, listing
or selling) who will earn a commission as a result of the consummation of a sale
or lease agreement between the County of Suffolk and a property owner/landlord
represented by said broker or brokers, and a complete list of the names and
addresses of commissioned sales agents, attorneys, and any other party with a
direct financial interest in the transaction. If such broker is organized as a private
corporation, partnership, or association, then this information shall include the
names and addresses of all individuals holding at least a five-percent interest in
the corporation, partnership or association, and the names and addresses of all
corporate officers and all individuals serving on the Board of Directors, together
with conspicuous identification of any such person in the table of organization of
said corporation, partnership or association who is an officer or an employee of
Suffolk County.
None
7. Any campaign donation made by a business entity or individual disclosed pursuant
to paragraphs 1 and 2 of this Disclosure Statement, to an elected County official
or a candidate for County office during the preceding four (4) years.
None
Dated:
Signature: \
Printed Name of Signer: E koL'C ( _r
Title of Signer: A4 CMR CtQ
Name of Seller:
3
ACKNOWLEDGMENT
STATE OF NEW YORK )
COUNTY OF ss:
On the ZZ day of v , 20ZtV before me, the undersigned,
a Notary Public, personally appeared Robert Hougie , personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument, and acknowledged to me that helshe/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Notary Public
[Notary Stamp]
PATRICIA C MOORE
"MW Pueuc,STATE OF NEW YORK
�istmatlon Na 01 M04861 WO
Qualffied In Wfolk Cowqr�
My Commission Dow jure 16,
4
Robert Hougie
Certified Public Disclosure Statement
Pursuant to Chapter 551 of the Laws of Suffolk County
Instructions:
This disclosure statement must be signed by all owners of record, contract vendees,
lessors, lessees, sub-lessors, sub-lessees, contract lessors, contract lessees, contract
sub-lessors, contract sub-lessees, holders of encumbrances and contract holders of
encumbrances. The purpose of this disclosure statement is to insure disclosure of any
interest of any nature or form, whether oral or written, held by any individual,
partnership, firm or corporation. This disclosure statement is to be acknowledged before
a notary public.
The preliminary identification of the seller and items "1" THROUGH "7" SHALL BE
DEFINITIVELY ANSWERED. In all instances the required information should be
furnished, and if the answer is NO or NONE, it should so state in the response. The
phrase "NOT APPLICABLE" shall not be used on this form. DO NOT LEAVE ANY
BLANKS. Add additional sheet if necessary.
Seller's Name Robert Hou ie
Address 138 East 95th Street
City and State New York, NY Zip Code 10128
Type of Entity: x Natural Person Corporation Limited Liability
Company Other Business Entity Trust
1. If the seller is an individual or individuals, disclose whether the individual or
individuals are officers or employees of the County of Suffolk.
Yes xNo
1
2. If the seller is a corporation, partnership, association, limited liability company,
trust or other business entity provide a complete list of the names and addresses
of those individuals, whether they are shareholders, partners or trustees, holding
at least a five-percent interest in the corporation, partnership or association
NIA
3. Provide the table of organization for the entity, which shall include the names and
addresses of all individuals serving on the Board of Directors or comparable body
and the names and addresses of all partners and the names and addresses of all
corporate officers. Conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County_
NIA
4. The names of all mortgagees, lienors and judgment creditors having an interest
in the property to be acquired_
NIA
5. The names and addresses of all commissioned sales agents, attorneys, and any
other party with a direct financial interest in the consummation of the real estate
transaction.
None
2
6. The names and addresses of the real estate broker or brokers (co-brokers, listing
or selling) who will earn a commission as a result of the consummation of a sale
or lease agreement between the County of Suffolk and a property owner/landlord
represented by said broker or brokers, and a complete list of the names and
addresses of commissioned sales agents, attorneys, and any other party with a
direct financial interest in the transaction. If such broker is organized as a private
corporation, partnership, or association, then this information shall include the
names and addresses of all individuals holding at least a five-percent interest in
the corporation, partnership or association, and the names and addresses of all
corporate officers and all individuals serving on the Board of Directors, together
with conspicuous identification of any such person in the table of organization of
said corporation, partnership or association who is an officer or an employee of
Suffolk County.
None
7. Any campaign donation made by a business entity or individual disclosed
pursuant to paragraphs 1 and 2 of this Disclosure Statement, to an elected
County official or a candidate for County office during the preceding four (4)
years.
None
Dated: 2V11 June 2020
Signature:
Printed Name of Signer: Robert Hou ie
Title of Signer:
Name of Seller: Big Bing, LLC
3
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss:
COUNTY OF &C- I k-)
On the 2,�� day of JI.c nQr 201p, before me, the
undersigned, a Notary Public, personally appeared Robert Houcgie , personally known
to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf
of which the individual(s) acted, executed the instrumen
Notary Public
[Notary Stamp]
PATRIM C MOORE
NOTARY PUMr,STATE OF NEW YOM
fiegWmtkm No.01 M04861668
0malified In Suffolk County
My Commis Expires June 16, MO �-
4
DeLea Sod Farms
Certified Public Disclosure Statement
Pursuant to Chapter 551 of the Laws of Suffolk County
Instructions:
This disclosure statement must be signed by all owners of record, contract vendees,
lessors, lessees, sub-lessors, sub-lessees, contract lessors, contract lessees, contract
sub-lessors, contract sub-lessees, holders of encumbrances and contract holders of
encumbrances. The purpose of this disclosure statement is to insure disclosure of any
interest of any nature or form, whether oral or written, held by any individual,
partnership, firm or corporation. This disclosure statement is to be acknowledged before
a notary public.
The preliminary identification of the seller and items "1" THROUGH "7" SHALL BE
DEFINITIVELY ANSWERED. In all instances the required information should be
furnished, and if the answer is NO or NONE, it should so state in the response. The
phrase "NOT APPLICABLE" shall not be used on this form. DO NOT LEAVE ANY
BLANKS. Add additional sheet if necessary.
Tenant's Name L0 Sod ro rry?-s
Address E LWood.
City and StateE. N 01 4)pn12T', IVY Zip Code 11731
Type of Entity: Natural Person k,-� Corporation Limited Liability
Company Other Business Entity Trust
1. If the tenant is an individual or individuals, disclose whether the individual or
individuals are offs s or employees of the County of Suffolk',
Yes No
. 1
2. If the Tenant is a corporation, partnership, association, limited liability company,
trust or other business entity provide a complete list of the names and addresses
of those individuals, whether they are shareholders, partners or trustees, holding
at least a five-percent interest in the corporation, partnership or association
l COPHP_b De LEA 1 Z OtAS q 0 r IN 11769
. incfn 18 , �r�� urn h i , 4a
va n D S So S so $y IMt- en l Hyo
l
An ELS ms H rfq 10 q 0
3. Provide the table of organization for the leasing entity, which shall include the
names and addresses of all individuals serving on the Board of Directors or
comparable body and the names and addresses of all partners and the names
and addresses of all corporate officers. Conspicuously identify any such person
in this table of organization who is an officer or an employee of Suffolk County.
id, VIRs 1110
P)
10 CLAY fiM n jaLOnJ1 III4
R. Ektk (0 nut
4. The names of all mortgagees, lienors and judgment creditors having an interest
in the property leased.
0 0 nb
5. The names and addresses of all commissioned sales agents, attorneys, and any
other party with a direct financial interest in the leased property.
r
none, pct � ate- LUo k-a (.n
z
6. The names and addresses of the real estate broker or brokers (co-brokers, listing
or selling) who will earn a commission as a result of the consummation of a sale
or lease agreement between the County of Suffolk and a property owner/landlord
represented by said broker or brokers, and a complete list of the names and
addresses of commissioned sales agents, attorneys, and any other party with a
direct financial interest in the transaction. If such broker is organized as a private
corporation, partnership, or association, then this information shall include the
names and addresses of all individuals holding at least a five-percent interest in
the corporation, partnership or association, and the names and addresses of all
corporate officers and all individuals serving on the Board of Directors, together
with conspicuous identification of any such person in the table of organization of
said corporation, partnership or association who is an officer or an employee of
Suffolk County.
Y)0y) q+_ Gk, ot w V o IV-d I n
7. Any campaign donation made by a business entity or individual disclosed
pursuant to paragraphs 1 and 2 of this Disclosure Statement, to an elected
County official or a candidate for County office during the preceding four (4)
years. VA017 /&V
r, Glaolk 740
Mie-ndS
rG �C war 50 U, =needs oF,�.pr;c�r�gl,o ��a /ao�M ti 01 250 Zor 1000.00 �O� n . nrc0 15 .00
ttnd 5 0 L �e U 5J6 016 f00. 17 Sr 0 S ZD20kad
/on1�oiD� // 20/9 Z000,(0.or8 Za 1AL isan ioo 00 + z oo pi,)PX * 3 Xr7 474o.ao,
01 g $/000170) 311$ `+�SO 00 ri-�
Dated: 7 r01
Signature:
Printed Name of Signer: I?1CM9kD Z6-L `
Title of Signer: PXA13-
Name
of 5etler: _b6 LEA Sod ra rn )S
3
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss-
COUNTY
ss:COUNTY OF 6�*1 K )
On the CI day of 20x8 before me, the
undersigned, a Notary Public, personalq apVeared L€ , personally
known to me or proved to me on the basis of satisfactory evidence to be the indi-
vidual(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf
of which the individual(s) acted, executed the instr ent.
Notary Zub/lic
[Notary Stamp]
A - T7ezANVJA
UOtary UbI I C ,
9ztr- or oa-%� 1�lonc
ISO prVGCoo o44o4s
GUaIF-cd 14 54ZAIC COGrrt�j
Connmissiay� &PIrrs 3/30/22
4
Wolffer Estate Vineyard
Certified Public Disclosure Statement
Pursuant to Chapter 551 of the Laws of Suffolk County
Instructions:
This disclosure statement must be signed by all owners of record, contract vendees,
lessors, lessees, sub-lessors, sub-lessees, contract lessors, contract lessees, contract
sub-lessors, contract sub-lessees, holders of encumbrances and contract holders of
encumbrances. The purpose of this disclosure statement is to insure disclosure of any
interest of any nature or form, whether oral or written, held by any individual, partnership,
firm or corporation. This disclosure statement is to be acknowledged before a notary
public.
The preliminary identification of the seller and items 1" THROUGH "T' SHALL BE
DEFINITIVELY ANSWERED. In all instances the required information should be
furnished, and if the answer is NO or NONE, it should so state in the response. The
phrase "NOT APPLICABLE" shall not be used on this form. DO NOT LEAVE ANY
BLANKS. Add additional sheet if necessary.
Tenant's Name Wolffer Estate Vineyard, Inc. _
Add ress.139 Sagq Rd, PO Box 9002
City and State Sagaponack, NY _ Zip Code 11962
Type of Entity: Natural Person X Corporation Limited Liability
Company Other Business Entity Trust
1. If the tenant is an individual or individuals, disclose whether the individual or
individuals are officers or employees of the County of Suffolk.
Yes X No
1
2. If the Tenant is a corporation, partnership, association, limited liability company,
trust or other business entity provide a complete list of the names and addresses
of those individuals, whether they are shareholders, partners or trustees, holding
at least a five-percent interest in the corporation, partnership or association
Joanna Claire Wolfler, 8 Sunset Beach Rd, Saq Harbor, NY 11963. Co-Owner
Marc Wolffer, 191 Narrow Lane East Sa a onack NY 11963. Co-Owner
Roman Roth, 96 Hemptsead Street, Saq Harbor, NY 11963. Partner
3. Provide the table of organization for the leasing entity, which shall include the
names and addresses of all individuals serving on the Board of Directors or
comparable body and the names and addresses of all partners and the names and
addresses of all corporate officers. Conspicuously identify any such person in this
table of organization who is an officer or an employee of Suffolk County.
Joanna Claire Wolffer, 8 Sunset Beach Rd, Saq Harbor, NY 11963. Co-Owner
Marc Wolffer, 191 Narrow Lane East Sa a onack NY 11963. Co-Owner
Roman Roth, 96 Hemptsead Street, Sag Harbor, NY 11963 Partner
Max Rohn, 8 Sunset Beach Rd, Saq Harbor, 11963 Executive VP
4. The names of all mortgagees, lienors and judgment creditors having an interest in
the property leased.
5. The names and addresses of all commissioned sales agents, attorneys, and any
other party with a direct financial interest in the leased property.
2
6. The names and addresses of the real estate broker or brokers (co-brokers, listing
or selling) who will earn a commission as a result of the consummation of a sale
or lease agreement between the County of Suffolk and a property ownerllandlord
represented by said broker or brokers, and a complete list of the names and
addresses of commissioned sales agents, attorneys, and any other party with a
direct financial interest in the transaction. If such broker is organized as a private
corporation, partnership, or association, then this information shall include the
names and addresses of all individuals holding at least a five-percent interest in
the corporation, partnership or association, and the names and addresses of all
corporate officers and all individuals serving on the Board of Directors, together
with conspicuous identification of any such person in the table of organization of
said corporation, partnership or association who is an officer or an employee of
Suffolk County.
7. Any campaign donation made by a business entity or individual disclosed pursuant
to paragraphs 1 and 2 of this Disclosure Statement, to an elected County official
or a candidate for County office during the preceding four (4) years.
Dated: 7171202
Signature: /�-�
Printed Name of Signer: Max Rohn
Title of Signer: GM/Executive VP
Name of Seller:
3
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss:
COUNTY OF8Q FI`o LIC )
On the day of �. , 20—, before me, the undersigned,
a Notary Public, personally appeared , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is (are) subscribed to the within instrument, and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
Notary Public
[Notary Stamp]
LIMA L SOLOMON
NOTARY pU6UC.-STATE OF NEW YORK
Mo.01 So620i 6c"
ounty
Qualitied In Nom York 7-t 2021
MY commission fixpllea4
4
RESOLUTION NO. 1118-19809 ADOPTING LOCAL LAW
NO.32,YEAR 1980,A LOCAL LAW CONCERNING THE
OFFERING,GIVING OR RECEIVING OF A GRATUITY TO
OR BY AN OFFICIAL OF A POLITICAL PARTY.
WHEREAS, there was duly presented and introduced to this County Legislature at a
regular meeting held on December 8, 1980,a proposal local law entitled "A LOCAL LAW
CONCERNING THE OFFERING,GIVING OR RECEIVING OF A GRATUITY TO OR BY
AN OFFICIAL OF A POLITICAL PARTY," and said local law in final form is the same as
when presented and introduced, now,therefore,be it
RESOLVED,that the said local law be enacted in form as follows:
LOCAL LAW NO. 32,YEAR 1980,SUFFOLK COUN'T'Y,NEW YORK
LOCAL LAW CONCERNING THE OFFERING,GIVING OR RECEIVING OF
t A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY.
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF
' SUFFOLK AS FOLLOWS:
Section 1. Definitions,
(a) As used herein,the word"agreement"means any written or oral contract,or any
i implied contract, including,but not limited to, a contract for the sale of goods or services, a
construction contract or a lease or contract relating to real or personal property. The tern
"agreement"shall also include any transaction whereby a person agrees to sell goods or services
I or both to the County pursuant to a successful bid.
i
(b) As used herein,the word"gratuity" means any money,benefit, entertainment,gift,or
E any other consideration whatsoever.
(c) As used herein,the phrase"official of apolitical party"'shall mean a party officer as
i defined by Section 1-104(5)of the Election Law.
i� (d) As used herein,the word"person"means any individual,partnership,firm,
corporation,or other legal entity,as well as their employees,agents or representatives.
i (e) As used herein,the phrase"political party" shall mean a party as defined by Section
1-104(3)of the Election Law.
I
Section 2. Prohibitions
i
(a) It shall be a crime for any person to offer or give any gratuity to an official of any
j political party,with the purpose or intent of securing or obtaining an agreement with the County
of Suffolk, securing favorable treatment with respect to the awarding or amending-of such
agreement,or the making of any determination with respect to the performance of an agreement.
EXHIBIT"C„
(b) It shall be a crime for an official of a political party to solicit,receive or accept a
gratuity in connection with securing or obtaining an agreement with the County of Suffolk,
securing favorable treatment with respect to the awarding or amending of such agreement or the
making of a determination with respect to the performance of such agreement.
Section 3. Mandatory Contract Clause. In all agreements with the County of Suffolk,
made after the effective date of this Law,there shall be a written representation by the person
entering the agreement with the County that he has not offered or given any gratuity to any
official, employee or agent of Suffolk County,New York State,or of any political party,with the
purpose or intent of securing an agreement or securing favorable treatment with respect to the
awarding or amending of an agreement,or the making of any determinations with respect to the
performance of an agreement, and that such person has read and is familiar with the provisions
of this Local Law.
Section 4. Penalties.
(a) Criminal. A violation of Section 2 of this Local Law shall be a Class A `
IMisdemeanor and shall be punishable by a sentence of not more than one(1)year in prison or a
i fine of not more than one thousand dollars,or by both such fine and imprisonment.
(b) Civil Remedies. A violation of Section 2 or 3 of this Local Law shall give the
County the option,among other civil remedies,of either terminating the agreement or deducting
the value of the gratuity from any-amount due or to become due from the County thereunder.
Section 5. -Exceptions. This Local Law shall not apply to contributions to political
parties,committees or candidates as defined by Section 14-100(19)of the Election Law. Such
contributions shall be excluded from and shall not be in violation of this Local Law.
fSection 6. Separability. If any part of this Local Law shall be declared unconstitutional
by any Court,such declaration shall not affect the constitutionality of any other part.
Section 7. This law shall take effect immediately.
Dated: December 9, 1980
APPROVED by: (s/ Peter F. Cohalan
County Executive of Suffolk County after a public hearing duly held
Date of Approval: December 23, 1980. Filed with the Secretary of State, January 5, 1981
i
2
NY AGRI&MKTS § 301 Page 1
McKinney's Agriculture and Markets Law § 301
Mckinney's Consolidated Laws of New York Annotated Currentness
Agriculture and Markets Law (fiefs&Annos)
"M Chanted. Of the Consolidated Laws
"f-Article 25-M. Agricultural Districts Refs &Annosl
■►§ 301. Deflnitions
When used in this article:
1. "Agricultural assessment value"means the value per acre assigned to land for assessment
purposes determined pursuant to the capit:allzed value of production procedure prescribed by s n
three hundred four-a of this article.
2. "Crops, livestock and fivesiock products" shall Include but not be limited to the following:
a. Field crops, Including corn, wheat, oats, rye, barley, hay, potatoes and drybeans.
b. Fruits, Including apples, peaches, grapes, cherries and berries,
c. Vegetables, Including tomatoes, snap beans, cabbage, carrots, beets and onions.
d. Horticultural specialties, Including nursery stock, ornamental shrubs, ornamental trees and flowers.
e. Livestock and livestock products, Including cattle, sheep, hogs, goats, horses, poultry, ratites, such
as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo; fur bearing animals, wool bearing
animals; such as alpacas and llamas, milk, eggs and furs.
f. Maple sap,
g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or
cut from the stump.
h. Aquaculture products, including fish, fish products, water plants and shellfish.
1. Woody biomass, which means short rotation woody crops raised for bloenergy, and shall not Include
farm woodland.
J. Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nuts and
queens. For the purposes of this paragraph, "nuts"shall mean small honey bee colonies created from
larger colonies Including the nuc box, which Is a smaller version of a beehive, designed to hold up to
five frames from an existing colony.
3. "Farm woodland"means land used for the production for sale of woodland products, Including but
not limited to logs, lumber, posts and firewood. Farm woodland shall not Include land used to produce
Christmas trees or land used for the processing or retail merchandising of woodland products.
4. "Land used in agricultural production"means not less than seven acres of land used as a single
operation In the preceding two years for the production for sale of crops, livestock or livestock
products of an average gross sales value of ten thousand dollars or more; or, not less than seven
acres of land used In the preceding two years to support a corilmerclal horse boarding operation with
annual gross receipts of ten thousand dollars or more.,Land used In agricultural production shall not
Include land or portions thereof used for processing or retail merchandising of such crops, livestock or
livestock products. Land used in agricultural production shall also Include:
EX H 181 T ''D'�
NY AGRI& MKTS §301 Page 2
a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment.
a-1. Land used by a not-for-profit Institution for the purposes of agricultural research.that is Intended
to Improve the quality or quantity of crops, livestock or livestock products. Such land shall qualify for
an agricultural assessment upon application made pursuant to paragraRh f subdivision
sCtion three hung ed five of this article, except that no minimum gross sales value shall be required,
b. Land of not less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products, exclusive of woodland products, which does not Independently satisfy
the gross sales value requirement, where such land was used in such production for the preceding
two years and currently Is being so used under a written rental arrangement of five or more years In
conjunction with land which Is eligible for an agricultural assessment.
c. Land used in support of a farm operation or land used In agricultural production, constituting a
portion of a parcel, as Identified on the assessment roll, which also contains land qualified for an
agricultural assessment. Such land shall Include land used for agricultural amusements which are
produced from crops grown or produced on the farm, provided that such crops are harvested and
marketed In the same manner as other crops produced on such farm. Such agricultural amusements
shall lndude, but not be limited to, so-called"corn mazes"'or"hay bale mazes".
d. Farm woodland which Is part of land which Is qualified for an agricultural assessment, provided,
however, that such farm woodland attributable to any separately described and assessed parcel shall
not exceed fifty acres,
e. Land set aside through participation In a federal conservation program pursuant to-title one of the
federal food security act of nineteen hundred eighty-five LE=or any subsequent federal programs
established for the purposes of replenishing highly erodible land which has been depleted by
continuous tlliing or reducing national surpluses of agricultural commodities and such land shall
qualify for agricultural assessment upon application made pursuant to paragC§12h a 2L sub IvIsion one
gf i tbLe hundredfive of this article, except that no.minimum gross sales value shall be
required.
f. Land of not less than seven acres used as a single operation In the preceding two years-for the
production for sale-of crops, livestock or livestock products of an average gross sales value of ten
thousand dollars or more, or land of less than seven acres used as a single operation in the preceding
two years for the production for sale of crops, livestock or livestock products of an average gross
sales value of fifty thousand dollars or more.
g. land under a structure within which crops, livestock or livestock products are produced, provided
that the sales of such crops, livestock or livestock products meet the gross sales requirements of
paragraph f of this subdivision.
h. Land that is owned or rented by a farm operation in Its first or second year.of agricultural
production, or, In the case of a commercial horse boarding operation In its first or second year of
operation, that consists of(1) not less than seven acres used as a single operation for the production
for sale of crops, livestock or livestock products of an annual gross sales value of ten thousand dollars
or more; or (2) less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products of an annual gross sales value of fifty thousand dollars or more; or (3)
land situated under a structure within which crops, livestock or livestock products are produced,
provided that such crops, livestock or livestock products have an annual gross sales value of(1) ten
thousand dollars or more, If the farm operation uses seven or more acres In agricultural production,
or(11) fifty thousand dollars or more, If the farm operation uses less than seven acres In agricultural
production; or (4) not less than seven acres used as a single operation to support a commercial horse
.boarding operation with annual gross receipts of ten thousand dollars or more.
I. Land of not less than seven acres used as a single operation for the production for sale of orchard
or vineyard crops when such land Is used solely for the purpose of planting a new orchard or vineyard
and when such land Is also owned or rented by a newly established farm operation In Its first, second,
NY AGRI&MM §301 Page 3
third or fourth year of agricultural production.
J. Land of not less than seven acres used as a single operation for the production and sale of
Christmas trees when such land Is used solely for the purpose of planting Christmas trees that will be
made available for sale, whether dug'for transplanting or cut from the stump and when such land is
owned or rented by a newly established farm operation In Its first, second, third, fourth or fifth year.of
agricultural production,
k. Land used to support an apiary products operation which Is owned by the operation and consists of
(1) not less than seven acres nor more than ten acres used as a single operation In the preceding two
years for the production for sale of crops, livestock or livestock products of an average gross sales
value of ten thousand dollars or more or (11) less than seven acres used as a single operation in the
preceding two years for the production for sale of crops, livestock or livestock products of an average
gross sales value of fifty thousand dollars or more. The land used to support an apiary products
operation shall include, but not be limited to, the land under a structure within which apiary products
are produced, harvested and stored for sale; and a buffer area maintained by the operation between
the operation and adjacent landowners. Notwithstanding any other provision of this subdivision,
rented land associated with an apiary products operation Is not eligible for an.agricultural assessment
based on this paragraph.
1. Land that Is owned or rented by a farm operation.in Its first or second year of agricultural
production or in the case of a commercial equine operatloh, In its first or second year of operation,
that consists of not'less than seven acres and stabling at least ten horses, regardless of ownership,
that receives ten thousand dollars or more In gross receipts annually from fees generated through the
provision of commercial equine activities including, but not limited to riding lessons, trail riding
activities or training of horses or through the production for sale of crops, livestock, and livestock
products, or through both the provision of such commercial equine activities and such production.
Under no circumstances shall this subdivision be construed to Include operations whose primary on
site function Is horse racing,
S. "011i gas or wind exploration, development or extraction activities" means the Installation and use
of fixtures and equipment which are necessary for the exploration, development or extraction of oil,
natural gas or wind energy, Including access roads, drilling apparatus, pumping facilities, pipelines,
and wind turbines,
6. "Unique and Irreplaceable agricultural Ian.d" means land which is uniquely suited for the production
of high value crops, Including, but not llmlted to fruits, vegetables and horticultural specialties.
7. "Viable agricultural land" means land hlghly suitable for agricultural production and which will
continue to be economically feasible for such use If real property taxes, farm use restrictions, and
speculative activities are limited to levels approximating those in commercial agricultural areas not
Influenced by the proximity of non-agricultural development.
S. "Conversion"means an outward or affirmative act changing the use of agricultural land and shall
not mean the nonuse or Idling of such land.
9. "Gross sales value"means the proceeds from the sale of:
a, Crops, livestock and livestock products produced on land used in agricultural production provided,
however, that whenever a crop is processed before sale, the proceeds shall be based upon the market
value of such crop-in its unprocessed state;
b. Woodland products from farm woodland eligible to receive an agricultural assessment, not to
exceed two thousand dollars annually;
c. Honey and beeswax produced by bees In hives located on an otherwise qualified farm operation but
which does not Independently satisfy the gross sales requirement;
NY AGRI &MKTS § 301 page 4
d. 'Maple syrup processed from maple sap produced on land used In agricultural production in
conjunction with the same or an otherwise qualified farm operation;
e. Or payments received by reason of land set aside pursuant to paragraph a of subdivision four of
this section;
f. Or payments received by thoroughbred breeders pursuant to section two hundred fifty-aur of the
racing, wagLering and brgeding IaW; and
g. Compost, mulch or other organic biomass crops as defined in subdivision sixteen of this section
produced on land used In agricultural production, not to exceed five thousand dollars annually.
10. Renumbered 9.
11. "Farm operation"means the land and on-farm buildings, equipment, manure processing and
handling facilities, and practices which contribute to the production, preparation and marketing of
crops, livestock and livestock products as a commercial enterprise, Including a "commercial horse.
boarding operation"as defined In subdivision thirteen of this section, a "timber operation"as defined
In subdivision fourteen' of this section, "compost, mulch or other blomass crops"as defined in
subdivision sixteen of this section and "commercial equine op&atlon" as defined In subdivision
seventeen of this section. Such farm operation may consist of one or more parcels of owned or rented
land, which parcels may be contiguous or noncontiguous to each other.
12. "Agricultural data statement"means an Identification of farm operations within an agricultural
district located within five hundred feet of the boundary of property upon which an action requiring
municipal review and approval by the 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 Is
proposed, as provided In sectlon three hundrgd flue-a of this article.
13. "Commercial-horse boarding operation" means an agricultural enterprise, consisting of at-least
seven acres and boarding-at least ten horses, regardless of ownership, that receives ten thousand
dollars or more In gross receipts annually from fees generated either through the boarding of horses
or through the production for sale of crops, livestock, and livestock products, or through both such
boarding and such production. Under no circumstances shall this subdivision be construed to Include
operations whose primary on site function Is horse racing. Notwithstanding any other provision of this
subdivision, a commercial horse boarding operation that is proposed or In its first or second year of
operation may qualify as.a farm operation If It Is an agricultural enterprise, consisting of at least
seven acres, and boarding at least ten horses, regardless of ownership, by the.end of the first year of
operation.
14. "Timber operation" means the on-farm production, management, harvesting, processing and
marketing of timber grown on the farm operation into woodland products, Including but not limited to
logs, lumber, posts and firewood, provided that such farm operation consists of at least seven acres
and produces for sale crops, livestock or livestock products of an annual gross sales value of ten
thousand-dollars or more and that the annual gross sales value of such processed woodland products
does not exceed the annual gross sales value of such crops, livestock or livestock products.
15. "Agricultural tourism"means activities, Including the production of maple sap and pure maple
products made therefrom, conducted by a farmer on-farm for the enjoyment and/or education of the
public, which primarily promote the sale, marketing, production, harvesting or use of the products of
the farm and enhance the public's understanding and awareness of farming and farm life.
16. [As added by 41. See, also, subd. 16 below.]"'Apiary products operation"means an
agricultural enterprise, consisting of land owned by the operation, upon which bee Dives are'located
and maintained for the purpose of producing, harvesting and storing apiary products for sale.
16. [As added by(„2008, c. 536, See, also, subd. 16 above.] "Compost, mulch fir other organic
biomass crops" means the on-farm processing, mixing, handling or marketing of organic matter that
NY AGRI &MKTS § 301 Page 5
Is grown or produced by such farm operation to rid such farm operation of its excess agricultural
waste; and the on-farm processing, mixing or handling of off-farm generated'organlc matter that Is
transported to such farm operation and Is necessary to facilitate the composting of such farm
operation's agricultural waste. This shall also Include the on-farm processing, mixing or handling of
off-farm generated organic matter for use only on that farm Operation. Such organic matter shall
Include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm waste,
vegetation, wood biomass or by-products of agricultural products that have been processed on such
farm operation. The resulting products shall be converted into compost, mulch or other organic
biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials.
For purposes of this section, "compost"shall be processed by the aerobic, thermophilic decomposition
of solid organic constituents of solid waste to produce a stable, humus-like material.
17. "Commercial equine operation" means an agricultural enterprise,-consisting of at least seven
acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars or
more in gross receipts annually from fees generated through the provision of commercial equine
activities including, but not limited to riding lessons, trail riding activities or training of horses or
through the production for sale of crops, livestock, and livestock products, or through both the
provision of such commercial equine activities and such production. Under no circumstances shall this
subdivision be_construed to include operations whose primary on site function Is horse racing.
Notwithstanding any other provision of this subdfvislon, an agricultural enterprise that is proposed or
in its first or second year of operation may qualify as a commercial equine operation if it consists of at
least seven acres and stables at least ten horses, regardless of ownership, by the end of the First.year
of operation.
CREDIT(S)
(Added L1987, c. 77 1, Amended L,19 8, c, 159. 55 1.2; 1-1986 . 736 3; L.1989, c. 398. E
1; L.1989 c. 448 1 2; L.19900, c. 251, 1, 2; L.1990 C. 396, 1; L.1992,.c_27, q 1; L.1992, c.
316 22 to 24; L.1992 c. 534 1; L.1992, c. 797 1; L.1993, c. 440, 5 21; L.1994 c. 496 1;
L.1924, c 556, 66 1 2; L.1 95 c. 235 1; L.19 4 ; L.1 96 c. 409, §§,1=2; L.1997, c.
62 1 eff. may 0 1997; L.1997, c. 357 2 eff. Nov. 3. 1997; L1999. c. 473 1 eff.
Sept. 7, 1999; L.2001 c. 374 eff. Oct. 23 2001; L.2001, c. 388 1 eff. Qct. 31 20Q1*
L.2002, c._445, 5& 1 to 3ieff .Jan 1.2003; L.20Q2, c, 516, 4 1. eff. Sept 17 2002; L.2002, c.,696.
� 1, eff. Jan. 30, 2003; L.2003 c. 479 § 1 eff. Sept. 9 2003; L.2003 c. 565 1 eff. Sept. 22
2003; L-200 C. 0 1 eff. Feb 24, 2004; L.2004. . 252.,-9-1, e )an. 1 2005; L.2005 c. 200,
1 eff, July 12 005; L.2005, c. 3 1 eff. 8ug. 23 2005; [.2405, c. 587_§: -1, 2 eff_Ag4, 23,
2005; L.2006 c. 256 1 eff. Jan. 1 2007; L.2006 c. 600 2 eff. Au-q. 16 2006; L.2008 c. 341
1 to 3 eff. ul 21 2008; L.2008 c. 511 1 eff. Se t. 4 2008; L.200$ c. 536 1 to 3 eff.
Jan• 1, 2009; L.200$ c. 611 e . Se 25 200Q; L.2010,.c. 87, � 1. eff, may 18, 2010; L.2010,
c. 120�� 1, 2, eff. June IS- 22010; L.2011, c. 47._U, eff. June 8, 2011; L.2011, c. 384,,55 1. 2. eff,
Aug, 3, 2011.)
B12s72015 Suffolk county,NY
Suffolk County,NY
Wednesday,August 26,2oi5
Chapter 8. Agricultural Land, Development of
[HISTORY:Adopted by the Suffolk County Legislature 3-24-1981 by L.L.No.16-1981 (Ch.8 of the 1985 Code);
amended in its entirety 11-19-2013 by L.L.No.44-2013.Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Agricultural operations--See Ch.274.
Open space preservation---See Ch.633.
Land development—See Ch.loos.
Land preservation--See Ch.iooS.
Transfer of development rights—See Ch.11,51.
oo8a Uncod LL Prot
oo8b AFD Staternenttj ,
§ 8-1. Statutory policy; legislative intent. .
A. The State of New York,by various legislative enactments,has emphatically stated it to be a most
important policy to conserve and protect viable farmlands and to encourage the improvement of such
lands both for the production of food and for the preservation of such lands as valued natural and
ecological resources.It has further stated that the expenditure of County funds to acquire legal
interests and rights in such lands is in furtherance of such policy and is a proper expenditure of public
funds for public purposes.
B. The County is in complete accord with such policy,and it is the goal of the County to conserve and
protect viable farmlands,open spaces,open areas and the various natural and ecological resources
associated with such lands,particularly soil and water. It is the intent of this chapter to establish the
policies and procedures that will be employed by the County in its pursuit of this goal.
C. The Suffolk County Legislature finds that adequate fresh,local food supplies are critical to the health
and economy of the County,that best management practices are essential to ensure that the benefits
associated with land.preservation are not realized at the cost of the County's natural and ecological
resources,that working farms-and a diversity of agricultural practices are necessary to secure the
future of the business of agriculture and that a minimum threshold of acreage must be in active
agricultural production to sustain the industries that support agricultural production.The Suffolk
County Legislature further finds that conservation and protection of farmlands associated with viable
agricultural operations that use best management practices will ensure that such lands are available to
serve future generations.
§ 8-2. Definitions.
As used in this chapter,the following terms shall have the meanings indicated:
AGRICULTURAL DEVELOPMENT PERMIT
Written permission,issued by the Committee,to erect,install,locate,relocate,modify,rebuild, remove
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or demolish a proposed or existing structure,to operate an alternative energy system and/or to
operate a farm stand or processing facility on agricultural land.Only improvements necessary for
agricultural production or for the operation of a commercial horse boarding operation and/or for.the
operation of a commercial equine•operation,as determined by the Committee,shall be permitted on
agricultural land.
AGRICULTURAL EDUCATION
Instruction about agricultural production,agricultural products,processing,soil and water
conservation,natural resource management,land preservation,best management practices and other
agricultural matters,as deemed appropriate by the Committee,
AGRICULTURAL EDUCATIONAL TOURS
A form of agricultural tourism that teaches about agricultural production,agricultural products,
processing,soil and water conservation,natural resource management and land preservation in the
form of short tours and hands-on demonstrations.
AGRICULTURAL LAND
Land to which the County has purchased the development right(s),in whole in or in part,in order to
preserve resources necessary for agricultural production.Land acquired in order to preserve
nonagricultural open spaces or open areas shall not be considered agricultural land.
AGRICULTURAL LAND LESSEE
The person,persons or entity who or which occupies or utilizes the agricultural land parcel under
lease from the current agricultural landowner.
AGRICULTURAL LANDOWNER
The person,persons or entity owning the residual right(s) to an agricultural land parcel.
AGRICULTURAL PRODUCTION
The production for commercial purposes of agricultural products,as defined herein.
AGRICULTURAL PRODUCTS
The crops,livestock and livestock products as defined in§301 of the New York State Agriculture and
Markets Law,as may be amended.
AGRICULTURAL TOURISM
'U-Pick'activities,harvestable crop mazes,hayrides,and agricultural educational tours conducted on-
farm to promote the sale,marketing,production,harvesting or use of the products of the farm and
enhance the public's understanding,awareness and enjoyment of farming and farm fife.
AGRICULTURE-RELATED PRODUCTS
Clothing and souvenir items that promote the farm or locally grown produce.
ALIENATION
The transfer of any development right in real property from the County to another.
ALL-TERRAIN VEHICLE
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails
or for off-highway competitions and only incidentally operated on public highways,provided that such
vehicle does not exceed'7o inches in width or 1,000 pounds of dryweight,as defined in the New York
State Vehicle,and Traffic Law,as may be amended.All-terrain vehicles shall not include agricultural
vehicles nor any vehicles used for law enforcement,fire,emergency or military purposes.
ALTERNATIVE ENERGY SYSTEM
A solar energy system,wind energy system or other renewable energy transduction system intended
httto reduce on-site nonrenewable energy consumption.
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BUILDING
Any building,as defined in§372 of the New York State Executive Law,a5 may be amended,such as
barns,farm stands and greenhouses.
COMMERCIAL EQUINE OPERATION
A commercial equine operation as defined in§3ol of the New York State Agriculture and Markets Law,
as may be amended.
COMMERCIAL HORSE BOARDING OPERATION
A commercial horse boarding operation as defined in§301 of the New York State Agriculture and
Markets Law,as may be amended.
COMMITTEE
The Suffolk County Farmland Committee.
COUNTY
The County of Suffolk.
DIVISION
The Suffolk County Division of Planning and Environment within the Department of Economic
Development and Planning,which shall administer the Purchase of Development Rights Program.
DEVELOPMENT RIGHT
As authorized by§247 of the New York-State General Municipal Law,as may be amended,the
permanent legal interest in the use of the subject property,the permanent legal right to permit and
require the use of the subject property for agricultural production and the permanent legal right to
limit,prohibit and restrict the use of the subject property to agricultural production,except where
specified in this chapter.
FARM OPERATION
A single commercial agricultural operation,a single commercial horse boarding operation,a single
commercial equine operation or an enterprise that combines a single commercial agricultural
operation,a single commercial horse boarding operation,and/or a single commercial equine
operation,including all parcels,contiguous and/or noncontiguous,that are owned and/or rented for
the production,preparation and marketing of agricultural products for said operation.
FARM STAND
A structure for retail sales of agricultural products grown on the premises and processed agricultural
products,such as cheese,jam and wine,derived from agricultural products grown on the premises.
Retail sales also may include locally grown agricultural products grown off the premises,processed
agricultural products derived from agricultural products locally grown off the premises,and
agriculture-related products subject to the limitations specified herein.
GREENHOUSE
A structure specifically designed,constructed and used for the culture and propagation of agricultural
products.Temporary structures,such as hoop layers,that do not exceed a height of three feet six
inches and do not require or result in the alteration of the property grade shall not be regulated by
this chapter.
GROSS SALES VALUE
The proceeds from the sale of agricultural products and processed agricultural products. For the
purposes of this chapter,receipts collected in the operation of-a commercial horse boarding
operation and/or in the operation of a commercial equine operation'may be included in the gross sales
value.
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HAZARDOUS WASTE
Those wastes identified or listed in regulations promulgated pursuant to§27-0903 of the New York
State Environmental Conservation Law,as may be amended.
INTEREST OR RIGHT-
All legally recognized interests and rights in real property.
LANDSCAPE SCREEN
Any vegetative screen such as a hedgerow,excluding agricultural crops,that obscures the agricultural
land from view.Only landscape screens planted and maintained in accordance with standard
agricultural practices,the contract of sale,the deed of development rights and this chapter,as
determined by the Committee,shall be permitted.
LOCALLY GROWN ,
A product grown in the County of Kings, Nassau,Queens or Suffolk,in the State of New York.
LOT COVERAGE
The total floor area used for buildings,display areas and parking areas divided into the total lot area,
expressed as a percentage.The total lot area shall only include agricultural lands to which the County
has acquired development rights under the Purchase of Development Rights Program and shall not
include any.land where the development rights are intact or any land to which the County does not
own any interest or right.
PERSON
Any individual,partnership,firm,association,trust,company,joint venture or corporation.
PREMISES
All parcels that constitute the farm operation.
PROCESSING
The conversion of locally grown crops and locally raised livestock into any form or condition other
than the,natural form by subjecting the item to any procedure or technique,including,but not limited
to,slaughter,milling,fermentation,cooking or juicing.
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
The official name of the program by which the.County may purchase the development right(s),in
whole or in part,to properties used for agricultural production,as established and outlined by this
chapter.
RESIDUAL RIGHT
All legally recognized interests and rights in real property,excluding development rights.
SITE DISTURBANCE
Any physical alteration of agricultural land,including, but not limited to,dredging,excavation,filling,
grading and/or soil removal.Standard agricultural practices,including,but not limited to,crop
harvesting and tilling,shall not be considered site disturbances.Only site disturbances necessary for
agricultural production,for the operation of a commercial horse boarding operation and/or for the
operation of a commercial equine operation,as determined by the Committee,shall be permitted.
SOIL
The unconsolidated mineral and organic material creating the topsoil and subsoil layers,including, but
not limited to,sand,silt,clay and organic matter,that serves as a natural medium for the growth of
plants.
SOLAR ENERGY SYSTEM
A solar energy transduction system,wherein sunlight is used to produce electricity using photovoltaic
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technology and/or to heat water using solar thermal collection technology.Such transduction systems
are intended to reduce on-site nonrenewable energy consumption.
SOLID WASTE
Any unwanted and/or discarded material from agricultural,commercial,industrial,institutional,mining
and/or residential sources,including,but not limited to,durable goods,nondurable goods,yard
trimmings,stones,rubble,construction and'demolition debris,garbage,rubbish,litter,ash or other
substance described as solid waste in Title 5 of the New York Codes,Rules and Regulations,Part 35o,
as may be amended.Materials used as livestock bedding or as fertilizer supplements and/or soil
conditioners or used in other manners pursuant to standard agricultural practices shall not be deemed
solid waste.
SPECIAL EVENT
Any occasion,wedding,catered event on activity conducted on agricultural land,with or without an
admission fee,and held on a one-time basis.Only special events consisting of agricultural education or
the safe,marketing,production,harvesting or use of agricultural products,as determined by the
Committee,shall be permitted.
SPECIAL USE PERMIT
Written permission,issued by the Committee to
A. Conduct a site disturbance;and/or
B. Conduct a special event.
STRUCTURE
Any improvement constructed or erected which requires location in,on or under the ground or
attachment to something having a location in,on or under the ground,including;but not limited to,
farm stands,greenhouses,processing facilities,alternative energy systems,berms,buildings,irrigation
pumps,landscape screens,parking areas,signs,fences,and utilities.This definition shall not include the
following so long as they are constructed or erected in accordance with standard agricultural
practices,as determined by the Committee:permeable farm roads and walkways,and trellis systems.
TEMPORARY STRUCTURE
Any structure as defined herein that is erected and in use for less than go days.Temporary structures
erected for special events shall be removed immediately following the termination of the special event.
Hoop layers that do not exceed a height of three feet six inches and do not require or result in the
alteration of the property grade shall not be regulated by this chapter;
UTILITIES
Any overhead,surface or underground equipment such as a transmission line,pole,wire,pipe,well,
drainage system or septic system necessary for the supply'of electricity,natural gas and/or water,for
the mitigation of stormwater runoff,for the removal of sanitary sewage effluent and/or for
communication purposes,Only utilities necessary for the farm operation,farm stand or processing
facilities shall be permitted. In addition,all utilities infrastructure shall be subordinate to the
agricultural use of the agricultural land,
WIND ENERGY SYSTEM
A wind energy transduction system,wherein kinetic wind energy is converted into electricity or
mechanical energy using a wind turbine,a tower and associated equipment.Such transduction systems
are intended to reduce on-site nonrenewable energy consumption.
§ 8-3. Applicability.
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This chapter shall be applicable to all agricultural lands to which the County has acquired interests or rights,
in whole or in part,under the Purchase of Development Rights Program.This chapter shall not apply to
nonagricultural lands acquired as open spaces or open areas for the purpose of preserving active parkland,
passive parkland,woodlands and/or wetlands and shall not apply to farmlands to which the County does not
own any interest or right.
§ 8-4. Farmland Committee.
A. Established.The Committee is hereby constituted as a continuing agency of the County government.
B. Membership.
(1) The Committee shall consist of 19 members,nine of whom shall be appointed by the Suffolk
County Executive with the approval of the Suffolk County Legislature and shall serve at the
pleasure of the Suffolk County Executive and 10 of whom shall be designated one from each town
within the County and shall serve at the pleasure of the respective Town Boards.
(2) The Committee may invite any government officials,agricultural advocates and/or others with
technical expertise to participate in its deliberations in a nonvoting capacity or otherwise assist it
in discharging its functions under this chapter.
C. Financial disclosure: Each committee member shall submit the financial disclosure statement that is
annexed to this law and chapter as Exhibit AP]Committee members shall submit this disclosure
statement to the Suffolk County Board of Ethics,or any successor body,by May 15 of each year,
[Amended 3-19-2014 by L.L. No:10-2014]
(1] Editor's Note:ExhibitA is included as an attachment to�this chapter.
D. Composition.
(i) The Suffolk County.Executive shall appoint nine members as follows:the Suffolk County
Economic Development and Planning Department Commissioner,or his/her designee;the Suffolk
County Division of Planning and Environment Director,or his/her designee;and seven members
at large subject to the following criteria:
(a) At least one member shall be an individual with a background or expertise in the cultivation
of edible crops,including but not limited to,vegetables,fruits, berries,tree nuts,herbs,and
spices;
(b) At least one member shall be an individual with a background or expertise in livestock and
livestock products;
(c) At least one member shall be an individual with a background or expertise in the cultivation
of ornamental,horticulture and nursery crops;
(d) At least ane member shall be an individual with a background or expertise in viticulture;
(e) At least one member shall be an individual with a background or expertise in organic
agriculture;and
(f) Two members may be appointed from the public at large.
(2) The io town designees shall be certified to'the Clerk of the Suffolk County Legislature by the
Town Clerk of the respective towns. Each member shall be subject to the criteria set forth in
Subsection E of this section.
(3) The Division of Planning and Environment Director,or his/her designee,shall serve as Chairman of
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the Committee commencing on January 1,2012,and continuing thereafter,
(4) The Committee may appoint four advisors,one from each of the following,to participate in the-
Committee's deliberations in a nonvoting capacity or otherwise assist the Committee in
discharging its functions under this chapter:the Suffolk County Health Services Department
Commissioner,or his/her designee;the Natural Resources Conservation Service or the Suffolk
County Soil and Water Conservation District,Cornell Cooperative Extension and a farm advocacy
group.
E. Eligibility.
(1) The two Suffolk County Executive appointees from County departments,as specified in§8-41DO)
of this chapter,shall not be subject to the eligibility requirements specified herein.
(2) A Committee member shall be a resident of the'County or an employee of a municipality in the
County at the time of his/her appointment and throughout the duration of his/her term as a
member of the Committee.
(3) The Committee members designated by the towns shall have diverse backgrounds or expertise in
areas including, but not limited to,agriculture,municipal planning,natural resources
management,ecology,land use litigation,land use regulation,environmental law,tax law and/or
real estate.All designees shall have a general understanding of agricultural practices.
(4) A member of the Committee shall continue to satisfy the requirements of this section with
respect to eligibility for appointment to the Committee throughout the duration,of his/her term.
(5) In order to continue to serve as a member of the Committee,the member shall have attended at
least 75%of the meetings held by the Committee on an annual basis.Absences from such
meetings caused by death in the immediate family of the'member(i.e.,spouse,children,parents,
brothers,sisters,in-laws and/or grandparents),caused by a verifiable illness or caused by a
verifiable accident shall not be counted for the purpose of this attendance calculation.
(b) If a vacancy occurs in any town position for any reason,including but not limited to expiration of
term,absence or resignation,and the Town does not certify a member within go days of notice
from the County Executive,the County Executive shall fill the vacancy for the remainder of the
term or four years if the term has expired.The County Executive appointee must reside in the
Town where the vacancy exists.
F, Terms.
(1) An existing Committee member,as of January 1,2010,shall continue to serve until such time as
the individual voluntarily vacates the position or until such time as the appropriate appointing
body approves a resolution replacing the individual.
(2) Each successive appointment shall be for a term of four years,and no member shall serve more
than three terms,for a maximum of 12 consecutive years of service,except each member
appointed as per§8-4D(l)of this chapter,whose term will run concurrent to service in the title
specified.
(3) Any member appointed under this chapter shall serve through the term to'which he/she is
appointed.
(4) Any appointments made to fill a terminated,expired or vacated position'shall be made in
accordance with the provisions of this chapter.
G. Authority.The Committee shall have and be entitled to exercise the following powers and duties:
(1) To recommend to the Suffolk County Legislature farmlands from which development rights may
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be acquired;
(2) To review requests to subdivide the residual rights)of agricultural lands and to make,thereafter,
a recommendation to the Suffolk County Legislature whether such requests be granted;
(3) To review permit applications in accordance with the criteria set forth in this chapter and the
rules and regulations promulgated thereunder and to make,thereafter,a decision whether or not
to issue a permit and the terms and conditions that should apply;
(4) To determine what constitutes standard agricultural practices;
(5) At the first Committee meeting of the calendar year,in order to expedite the processing of
applications,the Committee may introduce a list of minor and routine agricultural practices
whose permitting review and determination shall be delegated to the Division.These practices
may include,but a"re not limited to,livestock fencing,deer fencing irrigation wells,etc.The
Committee shall issue guidelines and standards as it deems necessary and proper for the review
and determination of these minor and routine practices to Division staff.The list of these minor
and routine agricultural practices,and their permitting standards,shall be introduced as
resolutions and voted upon at the subsequent Committee meeting. If passed via resolution,the
permitting review and determination for this practice shall be delegated to staff for two years.
The Committee cannot delegate any additional permitting review responsibilities to the Division
during these two years but can, if it deems it appropriate,reassume permitting review and
determination.The Division may,if it deems it appropriate,refer any single application back to
the Committee for approval.Any applicant denied by the Division may,upon written request,
have the matter referred to the Committee.
(6) To provide guidance and recommendations on matters relevant to development rights,farmland
conservation and the agricultural economy;
(7) To promulgate such rules and/or regulations as may be necessary to carry out the intent of this
chapter and to govern the administration-and functions of the Committee;
(8) To establish and adopt writterr guidelines and property rating systems;
(9) To cooperate with,at the discretion of the Committee,any governmental agents and/or any
experts to further the purposes of this chapter;and
(i o) To perform other duties at the request of the Suffolk County Legislature,the Suffolk County
Executive and/or the Division.
H. Meetings.
(1) Schedule.The Committee shall hold an organizational meeting not later than the 15th day of
February of each year.At such meeting,the Committee shall adopt a schedule of meetings for'
that year.The Committee may amend the adopted schedule as necessary.
(2) Open meetings.Committee meetings shall be open to the general public and shall have an
opportunity for public comments,
{3) Quorum.A majority of the total membership of the Committee shall constitute a quorum
thereof.
(4) Required vote for action.Resolutions of the Committee shall be adopted by a vote of not less
than the majority of the total membership of the Committee.
§ 8-5. Acquisition of development rights.
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,A. Application biannual review process.A biannual review period shall be designated in order to maximize
the County's financial resources while preserving its valuable natural resources,including,but not
limited to,its viable agricultural soils and sole-source aquifer.
(1) Review of new parcels.
(a) New parcels shall include those parcels that have never been reviewed by the Committee for
inclusion in the Purchase of Development Rights Program,those parcels whose approval by
the Suffolk County Legislature for planning steps under the Purchase of Development Rights
Program has expired;or those parcels that were denied by the Committee and/or the 5uffolk
County Legislature for inclusion in the Purchase of Development Rights Program but for
which a substantive change in-the preservation proposal has occurred,as determined by the
Committee. .
(b) Each landowner of a new parcel interested in participating in the Purchase of Development
Rights Program shall submit an application to the Division in order to be considered for the
Program.
(c) Each complete application received by the Division by the last day of January shall be
considered by the Committee at its March meeting or subsequent meeting held after March.
Each complete application received by the Division by the last day of July shall be considered
by the Committee at its September meeting or subsequent meeting held after September.
(d) Within five years of rejecting the County's offer or expiration of the County's offer,the
landowner may resubmit an application but the landowner must bear the expense incurred
by the County associated with the application process,including,but not limited to:surveys,
title searches,appraisals,and environmental assessments.Furthermore,the landowner will
be required to follow the biannual review process in the same manner as a new parcel
outlined in this section.After five years of rejecting the County's offer or expiration of the
County's offer,the landowner can resubmit an application free of charge.
[i] In the case of a landowner death,the surviving tenant by the entirety or devisee can
resubmit a parcel application within the five-year window without bearing the expenses
incurred by the County.
(e) Applications may be considered by the Committee outside of the biannual review period if
there is a necessity for review;such as estate concerns resulting from the sudden death of
the landowner(s)or financial hardship resulting from crop failure or similar imperative,and
if the proposed preservation is consistent with the applicable County,town and/or village
comprehensive plans and/or agricultural and farmland protection plans, In addition,a
referral made by a Suffolk County Legislator,a town or village within the County and/or a
not-far-profit conservation organization may be considered outside of the biannual review
period,provided that the proposed preservation is consistent with the applicable County,
town and/or village comprehensive plans and/or agricultural and farmland protection plans.
(2) Comprehensive master list for farmland.
(a) Every six months,the Committee shall establish a comprehensive master list that prioritizes
all of the parcels the Committee recommends for inclusion in the Purchase of Development
Rights Program. It will not include parcels that are in negotiations,that are in contract or
that have been approved for acquisition by resolution of the County Legislature.
(b) The Committee shall prioritize the parcels in a manner that maximizes the County's financial
resources while protecting the County's most significant agricultural resources.
(c) .The comprehensive master list shall be recommended to the Suffolk County Executive and
Suffolk County Legislature following the Farmland Committee's March meeting or its
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subsequent meeting,as well as following the Farmland Committee's September meeting,or
its subsequent meeting.
B. Acquisitions.
(1) The County shall have the authority to purchase the development right(s)to a parcel,in whole or
in part,upon approval of the Suffolk County Legislature and subject to the provisions of this
chapter.
(2) Criteria for consideration.Only lands able to sustain.an economically viable commercial
agricultural enterprise,as determined by the Committee,shall be considered for inclusion in the
Purchase of Development Rights Program. Land eligible for inclusion shall either be used in
agricultural production,in support of a commercial horse boarding operation,or in support of a
commercial equine operation and shall meet the following criteria:
(a) Commercial agricultural operation.
[1] All development rights to the subject land shall be intact.
[z] The subject land shall be actively used in agricultural production.
[3] The subject land shall be at least seven acres and the associated farm operation shall
have an average annual gross sales.value of at least$1o,000,or the subject land shall be
less than seven acres and the associated farm operation shall have_an average annual
gross sales value of at least$5o,000.
(b) Commercial horse boarding operation.
[1] All development rights to the subject land shall be intact.
[2] The subject land shall be actively used in support of a commercial horse boarding
operation.
[3] The subject land shall be at least seven acres and the associated farm operation shall
have an average annual gross sales value of at least$1o,000.
(c) Commercial equine operation.
[1] All development rights to the subject land shall be intact.
[2] The subject land shall be actively used in support of a commercial equine operation.
[3] The subject land shall beat least seven acres and the associated farm operation shall
have an average annual gross sales value of at least$1o,000.
(3) The Committee shall demonstrate a preference for farm operations that promote agricultural
production while protecting groundwater,soils and viewsheds.
C. Restrictions,conditions or encumbrances.When the County acquires title to a development right(s)
with funds received from the federal,state or local governments or from private sources,such title
may be acquired subject to restrictions,conditions or encumbrances required as a result of the funds
received.Such restrictions,conditions or encumbrances may include,but are not limited to,a reverter
interest held by the source of funds.Such restrictions and conditions shall be reviewed by the Suffolk
County Attorney.Acceptance of such funds and the terms and conditions for acceptance shall be
subject to legislative approval.
D. Title.Where the County acquires the development right(s)through the Purchase of Development
Rights Program,which conditions said acquisition upon the financial participation of a governmental
entity or other private source,the title may be held by:
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(1) The County;
(2) The County,governmental entity(ies)and/or not-for-profit conservation organization(s)as
tenants in common,each on an undivided pro-rata interest to the extent of the financial
participation stipulated in the legislation authorizing the respective County acquisition or
acquisition program;or
(3) The County,governmental entity('ies)and/or not-for-profit conservation organization(s),by
physically dividing the property up between the County,governmental entity(ies)and/or not-for-
profit conservation organization(s),with the County owning all of the development rights (and/or
interests) in its respective portion of the property,with the governmental entity(ies)owning all of
the development rights(and/or interests) in its(their) respective portion(s) of the property and
with the not-for-profit conservation organization(s)owning all of the development rights(and/or
interests)in its(their)respective portion(s) of the property.
E. Management agreement.if it is not contrary to any statute,the Suffolk County Charter,this chapter or
any other local law,any regulation or other County policy,the County is hereby authorized to
negotiate and to enter into management agreements with governmental entities and not-far-profit
conservation organizations for the management of said County acquisition(s),and the terms and
conditions thereof shall be approved by the Suffolk County Attorney in consultation with the Suffolk
County Division of Planning and Environment Director.
§ 8-6. Alienation of development rights.
A. Unless authorized by local law recommended by the Committee and approved upon mandatory
referendum,development rights acquired by the County to agricultural lands shall not be alienated in
any manner,except where provided herein.
B. In determining whether to recommend the alienation of development rights,the Committee shall take
into consideration:
(1) The continuing practicality of the use of the residual rights)to the land(s);
(2) The development rights which have been acquired by the County;
(3) Such factors as the uses to which adjacent lands have been put;and
(4) The necessity for the use of the land(s) for another governmental purpose.
§ 8-7. Notification requirements.
A. Change of address.The agricultural landowner shall notify the Division if the land is to be leased to
another party and provide the agricultural land lessee's name and address.The agricultural landowner
and agricultural land lessee shall notify the Division of any change of address for receipt of mail or.
service of process in writing within 3o days of a change of address.
B. Change in ownership.The agricultural landowner,seller shall notify the Division of the intention to sell
the residual right(s)to the agricultural land and provide the name and address of the intended
purchaser in writing 45 days prior to the closing of a sale of the residual right(s)to land(s) for which
the County has purchased,in whole or in part,the development right(s).
§ 8-8. Permits.
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,A. Permit types.
(1) Agricultural development permit.An agricultural development permit shall be necessary for the
following actions,where proposed on agricultural land:
(a) To erect a structure, including temporary structures:
(b) To install a structure,including temporary structures;
(c) To locate and/or relocate a structure;
(d) To modify an existing structure,except de minimis alterations such as the replacement of
doors on an existing structure;
(e) To rebuild a structure,including temporary structures;
(f) To remove and/or demolish an existing structure;
(g) To operate an alternative energy system;
(h) To operate a farm stand;
(i) To operate a processing facility;and/or
Q) To create a permeable parking area.
(z) Special use permit.A special use permit shall be necessary forthe following actions,where
proposed on agricultural land:
(a) Site disturbances.
[1] Such permit shall be necessary for all site disturbances on agricultural lands.
[2] only site disturbances associated with standard agricultural practices,drainage
improvements and/or agricultural development permits,as determined by the
Committee,shall be permitted on agricultural land.
(b) Special events.
[1] Such permit shall be necessary to conduct a special event where proposed on
agricultural land.
[2] A maximum of one special event may be held each calendar year per farm operation.
[3] No special event shall exceed two days of operation.
[4] No special event shall adversely impact the viability of the agricultural operation and/or
the associated natural resources,as determined by the Committee.
[S] All catered events shall be considered a special event and are subject to special event
permitting through the Committee.
B. Permit requirements and limitations.
(1) An agricultural development permit shall be obtained by the agricultural landowner or agricultural
land lessee with approval of landowner prior to commencement of construction activities, '
including clearing,regrading or other site preparation necessary for constructing,placing,
modifying or demolishing a structure. Failure to comply with the permit requirements specified
herein shall be subject to the provisions of§8-15 of this chapter.
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(z) A special use permit shall be obtained by the agricultural landowner or.agricultural land lessee
with approval of landowner prior to commencement of site disturbance activities. Failure to
comply with the permit requirements specified herein shall be subject to the provisions of§8-1S
of this chapter,
(3) A special use permit shall be obtained by the agricultural landowner or agricultural land lessee
with approval of landowner prior to any site preparation activities for a special event.Failure to
comply with the permit requirements specified herein shall be subject to the provisions of§8-15
of this chapter.
{4} An agricultural development permit does not relieve the agricultural landowner and/or
agricultural land lessee from compliance with federal,state and local regulatory and/or zoning
ordinances.
(5) A special use permit does not relieve the agricultural landowner and/or agricultural land lessee
from compliance with federal,state and local regulatory and/or zoning ordinances.Compliance
with all health and safety codes shall be required in connection with any special events.
C. Exception to permit requirement,The agricultural landowner and/or the agricultural land lessee shall
not be required to obtain a permit for an activity or structure that is existing and in compliance with
the provisions of this chapter,the contract of sale and the deed of development rights on the effective
date of these amendments.Any modifications to the preexisting,conforming activity or structure shall
be subject to the permit requirements specified in this chapter.
D. Permit application procedures.
'(1) Applications for permits or permit modifications shall be submitted to the Division two weeks
before the Committee meeting at which the application will be heard,unless a later filing is
approved by the Division.Applications shall include:
(a) An application form,where required;
(b) The name,address and telephone number of the applicant,and if an agent will be
representing the applicant,the application shall include the name,address and telephone
number of the agent as well as an original signature of the applicant authorizing the agent to
represent the applicant;
(c) The name,address and telephone number of the agricultural landowner,and if the
agricultural landowner is not the applicant,the application shall include a letter or other
written permission signed by the agricultural landowner:
[1] Confirming that the agricultural landowner is familiar with the application;and
[2] Authorizing the submission of the application;
(d) The physical address of the subject parcel;
(e) The Suffolk County Real property Tax Map Number(i.e., district,section,block and lot)of
the subject parcel;
(f} A site plan delineating the location of the proposed development and/or the proposed
event,which the Committee may require be prepared by a licensed surveyor or other
professional;
(g) A nonrefundable application fee,where required;and
(h) Any other information requested by the Division and/or Committee that may be necessary
to review the proposal,
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(2) .Applications for permits or permit modifications may be referred to another agency such as the
Suffolk County Soil and Water Conservation District for expert advice.
(3) Only complete applications,as determined by Division staff,may be referred to the Committee
for approval,
(4) The Committee may approve,approve with conditions,deny or deem incomplete an application.
(5) The agricultural landowner shall record the agricultural development permit and/or special use
permit,including applicable conditions,with the Suffolk County Clerk if such recording is required
by the Committee.Failure to comply with this requirement shall be subject to the provisions of
§8-1$of this chapter.
(6) The agricultural landowner shall submit the"as-built"plans associated with an agricultural
development permit and/or special use permit,where required by the Committee,to the Division
within one year of permit issuance.The agricultural landowner may submit in writing a request to
extend the time frame within which this requirement must be completed. Failure to comply with
this requirement shall be subject to the provisions of§8-iS of this chapter.
E. Permit issuance criteria.Permit issuance shall be subject to the following conditions:
(1) The agricultural landowner and the agricultural land lessee,if applicable,shall be otherwise in
compliance with this chapter;
(2) The proposed action shall not alienate the development right(s)acquired by the County in any
manner;
(3) The proposed action shall'be consistent with the intent and provisions of this chapter;
(4) The proposed action shall be consistent with all adopted Committee guidelines;
(5) The proposed action shall promote agricultural production or agricultural,tourism;
(6) The proposed action shall not negatively impact the agricultural land's short-term and/or long-
term viability for agricultural production;
(7) The proposed action shall not negatively impact the value of the agricultural land;
(8) The proposed action shall not undermine the short-term and/or long-term viability of the natural
resources;
(9) The proposed action shall be approved in such a manner,with applicable conditions,as to limit
the negative impacts to soils,water(both groundwater and surface waters)and viewsheds;
(10) The proposed action shall not result in a significant negative impact to any adjacent property that
is not consistent with standard agricultural practices;
(11) The proposed action shall be approved in such a manner that minimizes,to the extent possible,all
other negative impacts;and
(i2) The proposed action shall be consistent with expert recommendations,where sought by the
Committee.
F. Permit fees.
(1) Application fee.'A nonrefundable fee in the amount of$loo shall be submitted with each
application for a permit.
(2) The application fee shall be waived if the application is exclusively for:
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(a) Permission to remove or demolish an existing structure,in whole or in part.
(3) Public hearing fee.A fee in the amount of$Soo shall be submitted with each application for
which a public hearing is required.The fee shall be refundable if,the application is withdrawn and
the public hearing has not been advertised. If the public hearing has been advertised but the
application is withdrawn prior to the public hearing,the applicant shall be entitled to a refund of
1/2 of the public hearing fee.
(4) Failure to submit the required fee(s)shall deem the application incomplete.
§ 8-9. Permit conditions.
A. General conditions. Permits shall contain such reasonable conditions as the Committee deems
necessary to protect the agricultural land.
B, Covenants and restrictions.Where it deems appropriate and necessary,the Committee may condition
the issuance of an agricultural development permit and/or special use permit upon the agricultural
landowner's execution of a restrictive covenant,or other instrument acceptable to the Division.The
restrictive covenant or other instrument shall be recorded in the Office of the Suffolk County Clerk
prior to permit issuance and not later than 6o days from the date of the Committee's approval.Failure
to file said restrictive covenant in accordance with the above shall render the approval null and void
and may be subject to the provisions of§8-15 of this chapter.
C. Continuing obligations.The agricultural landowner and/or agricultural land lessee shall have a
continuing obligation to maintain all improvements authorized by and to abide by all conditions
imposed by a permit,including.compliance with all provisions of this chapter.
D. Noncompliance.The failure to comply with any and all conditions of an agricultural development
permit and/or special use permit shall be deemed a violation of this chapter,subject to the penalties
provided in§8-iS of this chapter. In addition,the County reserves the right to rescind or revoke,in
whole or in part,such permit.
E. Modifications of permits and restrictive covenants.All requests for modifications of conditions of
permits or restrictive covenants must be made through the Committee in accordance with§8-81).
F. Expiration.All agricultural development permits shall,expire within one year of issuance unless the
authorized improvements have been commenced;a building permit,where required by the local town
or village,has been secured by the agricultural landowner;or the Committee has granted the
agricultural landowner an extension.Any request for an extension shall be made in writing to the
Committee by the agricultural landowner.Only one extension per permit application may be granted
by the Committee. No extension may be granted for a duration greater than one year.Requests for
extension shall not be subject to the permit fee requirements specified in this chapter.
§ 8-10. Lot coverage.
A. Maximum lot coverage.The lot coverage of agricultural lands shall not exceed the following
Parcel Area
(acres) Maximum Lot Coverage
o to 25 1SIX
25 to 50 12.5%
More than 5o lo%
B. Further limitations.The maximum lot coverage set forth in Subsection A does not create a right to
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construct buildings,display areas or.parking areas up to the limits imposed.All proposed development
must be for the express purpose of supporting agricultural production,a commercial horse boarding
operation and/or a commercial equine operation,as set forth in this chapter.The Committee may limit
lot coverage to an amount less than the maximum lot coverage as it deems necessary to carry out the
purposes of this chapter.
C. Relief. In the event of hardship,the Committee shall have the authority to approve,in whole or in part,
or disapprove all agricultural development permit applications for buildings that would result in a lot
coverage that exceeds the maximum lot coverage specified in Subsection A of this section.In no case
shall the lot coverage exceed 2S9/6.All approvals shall be subject to ratification by the Environment,
Planning and Agriculture Committee(EPA),or successor committee,of the Suffolk County Legislature.
(1) Relief process.The Committee shall conduct a public hearing. Upon closing the public hearing,
the Committee shall determine whether or not a hardship exists.if a hardship does not exist,the
Committee shall disapprove the application. If the Committee makes a determination that a
hardship exists,the Committee shall approve,in whole or in part,or disapprove the application.
The Committee shall refer all approvals to the EPA for consideration and-ratification.The EPA
shall have the authority to ratify,ratify with conditions,or reject the application.Upon ratification
by the EPA,the Committee shall issue an agricultural development permit specifying any and all
necessary conditions.Failure of the EPA to ratify the Committee's approval shall deem it null and
void.
(2) Public hearing notice requirements.Written notice of the public hearing shall be provided to all
property owners within Soo feet of the subject parcel,to the municipality in which the property is'.
located and to the Suffolk County Legislature. Notice shall be sent or delivered at least io days
prior to the public hearing. In addition,notice of the hearing shall also be published in the official
newspaper(s)of the County at least io days prior to the public hearing.
(3) Criteria for relief,in making its determination,the Committee shall take into consideration the
benefit to the applicant if the agricultural development permit is approved,as weighed against
the detriment to the health,safety and welfare of the neighborhood or community by such
approval.In making such determination,the Committee shall also consider.'
(a)- Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by approving the agricultural development
permit;
(b) Whether the benefit sought by the applicant can be achieved by some method,feasible for
the applicant to pursue,other than the agricultural development permit as proposed;
(c) Whether the,requested relief is substantial and the extent to which the maximum lot
coverage would be exceeded;
(d) Whether the proposed relief will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district;and
(e) Whether the alleged difficulty was self-created,which consideration shall be relevant to the
decision of the Committee,but shall not necessarily preclude the granting of the agricultural
development permit.
(4) Extent of relief.The Committee,in the granting the approval,shall grant the minimum lot
coverage that it shall deem necessary and adequate and at the same time preserve and protect
the character of the neighborhood and the health,safety and welfare of the community.
(5) imposition of conditions.The Committee shall,in approving the relief and the agricultural
development permit,have the authority to impose such reasonable conditions and restrictions as
are directly related to and incidental to the proposed use of the premises.Such conditions shall.
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be consistent with the spirit and intent of thls chapter and shall be imposed for the purpose of
minimizing any adverse impact such approval may have on the neighborhood or community.
§ 8-11. Agricultural tourism.
A. Purpose.Agricultural tourism promotes agricultural education and gives the public the opportunity to
experience agricultural activities first-hand.Agricultural tourism can enhance the long-term economic
viability of agricultural production by providing an additional source of on-the-farm revenue.
Agricultural tourism must be accessory to the primary purpose of agricultural production.Catered
events shall not be considered agricultural tourism.
B. Permits.
(1) Only the following specifically enumerated agricultural tourism activities are allowed on
agricultural lands.The following activities,in conjunction with an active farming operation,shall
be considered components of agricultural production and are not subject to the Committee
permitting process-
(a) .T-Pick"operations with produce such as,but not limited to,strawberries,raspberries,
blueberries,pumpkins."U-Pick"activities can only be offered for produce grown on the farm
operation. Produce grown off-premises cannot be imported to the agricultural lands for the
purposes of"U-pick"operations;
(b) Crop mazes.Crop mazes must be made from a harvestable commodity such as corn stalks
or sunflowers that are harvested on a regular basis. Mazes of a permanent nature are not
permitted;
(c) Hayrides; .
(d) Agricultural educational tours,such as vineyard tours.Only sampling of products grown or
processed on the farming operation is allowed on an agricultural educational tour.
(2) Agricultural tourism activities that require the installation of a temporary structure or the
modification within the footprint of an existing structure are subject to the Committee
permitting process as specified in§8-8.Agricultural tourism structures can only be temporary in
nature and must be associated with allowable agricultural tourism activities as listed in§8-11B(1).
Temporary structures shall count towards the parcel area's maximum lot coverage as specified in
§8-10 of this chapter. No permanent agricultural tourism structures are permitted on premises.
C. Parking. Permeable parking areas for agricultural tourism may be permitted as necessary,subject to
the agricultural development permit requirement specified in§8-8 of this chapter.Parking areas shall
count towards the parcel area's maximum lot coverage as specified in§8-10 of this chapter.
§ 8-12. Farm stands and processing facilities.
A. Purpose. Farm stands provide farmers with direct outlets to market the agricultural products grown
on the farm operation as well as locally grown produce. Processing facilities provide farmers with
opportunities to convert natural and raw forms of agricultural products grown on a farm operation
into a processed agricultural product such as cheese,jam and wine,derived from products grown on
the farm operation.
B. Limitations. In no event shall the cumulative floor area of a farm stand and/or processing facility
exceed 1,000 square feet of floor area. For purposes of this calculation,a farm stand display area shall
not be counted towards this building limit.All proposed development must be for the express purpose
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of supporting a farm stand operation or processing facility,as set forth in this chapter.The Committee
may limit this building coverage to an amount less than the maximum building allowance as it deems
necessary to carry out the purposes of this chapter.Farm stands,display areas,processing facility
structures and parking shall count towards the parcel area's maximum lot coverage as specified in§8-
io of this chapter.
C. Permits.The construction,placement,relocation,modification,expansion,demolition and/or
operation of a farm stand or processing facility on agricultural lands shall be subject to the agricultural
development permit requirements specified in this chapter.The Committee may issue an agricultural
development permit for a farm stand structure and/or a processing facility subject to the following
s conditions:
(1) Farm stands.
(a) Only agricultural products,processed agricultural products,and other agriculture-related
products shall be offered for sale at the farm stand.Agricultural products shall include:
[1] Agricultural products grown on premises and processed agricultural products,such as
cheese,jam and wine,derived from agricultural products grown on premises.
[2] Agricultural products grown off premises may be sold on farm stands,provided they
are locally grown agricultural products or processed agricultural products derived from
locally'grown agricultural products.The total amount of locally grown products offered
for sale must be subordinate to produce grown on the farm operation and shall not
exceed 40%of the total square footage of products displayed at the farm stand
structure.
[3] Agriculture-related products,including clothing and other souvenir items that promote
the farm or locally grown produce,shall be allowed so long as the total sales area does
not exceed io%of the total square footage of products displayed at the farm stand
structure.
.(b) The farm stand structure shall not exceed 1,000 square feet and shall be subject to the
agricultural development permit specified in this chapter,
(c) The farm stand operation may include ani additional display area which shall not exceed
1,5oo square feet.Awnings,overhangs,porches and decks attached to the farm stand
structure shall count towards the farm stand display area.
(d) The farm stand structure shall be designed for either seasonal or year-round use,and the
installation and maintenance of permanent heating equipment within the farm stand
structure is permitted.
(e) Storage of agricultural products and processed agricultural products,including cold or
climate-controlled storage,is permitted within the farm stand structure.
(f) The installation of utilities,including any overhead,surface or underground equipment such
as a trans mission.line,pole,wire,pipe,well,drainage system or septic system necessary for
the supply of electricity,natural gas and/or water,for the mitigation of stormwater runoff,
for the removal of sanitary sewage effluent and/or for communication purposes shall be
permitted if necessary and required for the farm stand operation.A special use site
disturbance permit is required for the installations of such utilities.
(g) Second floors are not permitted to be built for farm stand structures.
(h) Permeable parking areas for the farm stand may be permitted as necessary,subject to the
agricultural development permit requirement specified in§8-8 of this chapter.Parking areas
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shall count towards the parcel area's maximum lot coverage as specified in§8-10 of this
chapter.
(i) The farm stand and display'areas listed herein.shall be constructed and operated in
compliance with all:applicable federal,state and local legal requirements,including,but not
limited to,zoning restrictions and New York State and Suffolk County Department of Health
Services regulations.
(2) Processing facilities.
(a) Processing shall be limited to the processing of on-premises and locally grown agricultural
products. No less than 51%of the inputs used in processing must consist of products
Produced on the farm operation.
(b) The processing structure shall not exceed i,000 square feet and shall be subject to the
agricultural development permit specified in this chapter,However,as set forth in
Subsection 8,the cumulative total floor area of a processing structure and a farm stand
structure cannot exceed 1,000 square feet.
(c) Processing structures shall not include display areas.
(d) The modification of an existing structure for processing purposes is permissible,subject to
the Committee permitting review.
(e) The installation of utilities,including any overhead,surface or underground equipment such
as a transmission line,pole,wire,pipe,well,drainage system or septic system necessary for
the supply of electricity,natural gas and/or water,for the mitigation of stormwater runoff,
for the removal of sanitary sewage effluent and/or for communication purposes shall be
permitted if necessary and required for the processing facility.A special use site disturbance
permit is required for the installations of such utilities.
(f) The processing structure listed herein shall be constructed and operated in compliance with
all applicable federal,state and local legal requirements,including,but not limited to,zoning
restrictions and New York State and Suffolk County Department of Health Services
regulations.
D. Conditions,The Committee may impose such additional conditions as it deems necessary to carry out
the purposes of this chapter.
§ 8-13. Alternative energy systems.
A. Purpose.Alternative energy systems provide farmers with opportunities to generate safe,efficient,
effective and renewable energy on site and diminish the farm operation's dependence on
nonrenewable energy sources.All alternative energy systems shall be subordinate to the agricultural
use of the agricultural land.
B. Permits.The construction,placement,relocation,modification,expansion,demolition and/or
operation of an alternative energy system on agricultural lands shall be subject to the agricultural
development permit requirements specified in this chapter.The Committee may issue an agricultural
development permit for an alternative energy system subject to the following conditions:
(1) The rated capacity of the alternative energy system shall not exceed i to%of the farm operation's
average annual consumption,where annual consumption is the total amount of energy used per
annum for those agricultural activities permitted on agricultural lands.
(2) Electricity generated by the alternative energy system shall not be consumed by any residential or
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other nonagricultural land use nor shall it be consumed by any activity prohibited on agricultural
lands,whether or not said use is on the subject parcel,contiguous to the subject parcel and/or
under common ownership with the subject parcel,except as stated herein.
C. Connectivity,The alternative energy system may be connected to-the utility provider's electricity grid,
provided that the rated capacity of the alternative energy system is less than or equal to the standard
set forth in Subsection B(i)of this section.In the event that the farm operation changes and the
average annual electricity consumption is reduced,the agricultural landowner shall be required to
disconnect from the utility provider's grid unless the alternative energy system is modified such that
the new rated capacity of the alternative energy system is consistent with the standard set forth in
Subsection B(,) of this section.
D. Conditions.The Committee may impose such additional conditions it deems necessary to carry out
the purposes of this chapter.
§ 8-14-. Prohibitions.
A. Nonagricultural use.No person shall use agricultural lands for any purpose other than agricultural
production,except as provided in this chapter.
B. Abandonment of agricultural use. Beginning on January 1,2oi4,no owner shall leave agricultural land
uncultivated and not engage in agricultural production or a commercial horse boarding operation
and/or a commercial equine operation,for more than two consecutive years.
C. Mining. Resource extraction,including soil removal,shall be prohibited on all agricultural lands.
D. Dumping.There shall be no dumping on agricultural lands.
E. Solid waste.No solid waste sliall be burned or stored on agricultural lands.
F. Hazardous waste.No hazardous waste shall be stored on agricultural lands.
G. Aviation.No aircraft,including,but not limited to,airplanes,helicopters,hot-air balloons and gliders,
shall be permitted to land on,hover above or take off from agricultural lands,except where part of
standard agricultural practices such as crop dusting or for law enforcement,fire,emergency or
military purposes.
H. Vehicles.No vehicles,including all-terrain vehicles,shall be used or stored on agricultural lands except
in aiding agricultural'production or for law enforcement,fire,emergency or military purposes.
I. Structures.No person shall erect,install,locate,relocate,modify,rebuild,remove or demolish a
structure without an agricultural development permit.
J. Farm stands. No person shall operate a farm stand without an agricultural development permit.
K. Processing.No person shall operate a processing facility without an agricultural development permit.
L. Alternative energy systems. No person shall operate an alternative energy system without an
agricultural development permit.
M. Driveways,roadways,thoroughfares. No person shall use any driveway,roadway,path or thoroughfare .
on agricultural land for vehicular access to an adjacent parcel for any purpose other than agricultural
production.
N. Parking areas.Asphalt,concrete and all other impermeable parking areas shall be prohibited on
agricultural lands.
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ti. Landscape screens. No landscape screen shall be permitted around fallow agricultural land,except
those agricultural lands kept fallow customary to standard agricultural practices.
P. Site disturbances.No person shall conduct a site disturbance,including,but not limited to,dredging,
excavation,filling,grading and/or soil removal on agricultural land without a special use permit..
Q. Special events,No person shall conduct a special event on agricultural land without a special use
permit.
R. Contracts, No person shall violate the terms and conditions of the contract of sale,as may be
amended,and the deed of development rights,as may be amended.
S. Any nonagricultural activity not explicitly permitted by this chapter shall be prohibited.
§ 8-15. Enforcement.
A. Cease and desist order.
(1) Where a violation of this chapter,the contract of sale and/or the deed of development rights is
suspected,the Division shall cause an investigation to be conducted. If the Division has reason to
believe that a violation of this chapter,the contract of sale and/or the deed of development rights
has been committed or exists,the Division may issue a cease and desist order.The cease and
desist order shall be served in person or by certified mail to the agricultural landowner at the
address on file with the Division and,where applicable,the agricultural land lessee.The cease and
desist order may direct restoration of the property,removal of structures that are in violation of
this chapter,the contract of sale and/or the deed of development rights and such other
corrective actions and terms as the Division finds necessary to protect the County's interest in
the agricultural land.
(2) A cease and desist order maybe lifted by the Division upon a finding that the violation has been
abated and/or when an application to bring the activity into compliance has been filed and a
permit has been issued.
B. Violations.Where it is determined by a court that a violation of any of the provisions of this chapter
has been committed or exists,the agricultural landowner,the agricultural land lessee and any other
person who takes part or assists in such violation shall each be deemed guilty of a violation of this
chapter.
C. Temporary restraining order and/or injunction.
(1) The County may obtain a temporary restraining order and/or injunction to enforce the provisions
of this chapter.
(2) Violation of a temporary restraining order and/or injunction may be punishable as contempt
understate laws.
(3) violation of a temporary restraining order and/or injunction shall constitute a separate violation
of this chapter,punishable by penalties in addition to those imposed for the underlying violation
for which the temporary restraining order and/or injunction was obtained.
D. Restoration.
(1) The court may compel the agricultural landowner and/or agricultural land lessee to restore
agricultural land to a condition suitable for agricultural production where there has been an
abandonment of agricultural production or a site disturbance has occurred in violation of this
chapter.
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(2) Where a violation has resulted in damage to the agricultural resource on agricultural land,the
court may order restoration of the agricultural land to the greatest extent possible,regardless of
cost.
E. Removal.
(i) The court may compel the agricultural landowner and/or the agricultural land lessee to remove
any and all unauthorized structures on agricultural land.
(2) Where a violation has resulted in the erection,installation,location,relocation,modification or
demolition of a structure or the operation of an alternative energy system,farm stand and/or
processing facility on agricultural land,the court may order the removal of said structure or
remains,regardless of cost.
F, Damages,Where a violation of the provisions of this chapter results in damage to the County's interest
in the development right(s)and/or the underlying value of the land,the court may award damages to
the County equal to the development right(s) purchase price plus compounded interest and an
additional amount as would be necessary to purchase the development right(s)to a similar agricultural
property,as determined by the County.
G. Civil penalties.
(i) A violation of§8-i4 shall be punishable by a civil penalty of up to$s,000 per day,with each day
constituting a separate violation.
(2) Any violation which causes a substantial reduction in the viability of the agricultural resource shall
be punishable by a civil penalty not more than$io,000 per day,with each day constituting a
separate violation.The Viability of the agricultural resource may be determined by any reasonable
means,including,but not limited to,testimony from any person with demonstrated agricultural
expertise.
H. Costs and disbursements.The court may award costs of investigating and enforcing this chapter.
1. Attorneys'fees.The court may award attorneys'fees.
J. No waiver.Failure to take an action to enforce the provisions of the contract of sale,the deed of
development rights,this chapter and/or any rules or regulations promulgated thereunder shall neither
constitute a waiver nor constitute an agreement to allow the prohibited activity nor constitute
permission to engage in the activity without first obtaining applicable permits.
K. Other remedies-The County reserves the right to pursue any and all legal and equitable remedies
herein mentioned or otherwise available at law,including administrative,civil and criminal actions to
enforce the provisions of this chapter and to satisfy the intent and spirit of the Purchase of
Development Rights Program.
L. Cost no defense.Cost shall not be a defense to the imposition of remedies.
§ 5-16. Right to use property for recreational purposes.
The agricultural landowner retains the right to use the property for otherwise lawful personal,
noncommercial uses;including,but not limited to,hunting,fishing,cross-country skiing,camping,and
horseback riding. In all cases,such recreational uses cannot damage the environmental sustainability of the
property and must be subordinate to and consistent with the agricultural use of the property.
§ 5-17. Provisions to control over other legislation.
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aM2015 Suffolk County,NY
Notwithstanding the provisions of any special law,charter law,focal law or resolution which may be
inconsistent herewith,in whole or in part,this chapter shall in all respects control in the matter of the
acquisition or alienation of development rights in agricultural lands.
§ 8-18. Severability.
Should any provision of this chapter be adjudged invalid by a court of competent jurisdiction,such
adjudication shall not affect the validity of any other provision of this chapter.
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COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning .
Jason Smagin Division of Real Property
Director Acquisition and Management
February 13, 2020
Patricia C. Moore, Esq.
21020 Main Road
Southold, NY 11971
Site- Bing Property
Owner- Big Bing LLC and Little Bing LLC
Tax Map No. - 1000-095.00-01.00-008.003 pia
1000-095.00-01.00-007.002 plo
Suffolk County %% Drinking Water Protection Program (PAYGO) -- Farmland —
Development Rights
Dear.Ms. Moore,
1
Suffolk County Procedural Resolution No. 2-2020 (the "Resolution") recently passed the
Legislature and, pursuant thereto, and we are authorized to solicit your clients interest in selling
the above referenced property development rights to the County of Suffolk for the price set forth
below, subject to the complete execution and.delivery of a Contract of Sale,'a final survey, final
County Legislative approval and the availability of funds from all appropriate funding sources.
This offer is contingent upon Little Bing and Big Bing being combined into one ownership.
The purchase price will be the sum of $3,925,350 +1- (de endent,on survey) in full
payment for the above referenced property's development rights as follows-
VALUE PER ACRE #ACRES DEVELOPMENT RIGHTS VALUE
$65,000 60,39 +/- $3,925,350 +1-
Please indicate your client's interest by completing the next page of this letter and
returning it to me at the address noted below. Please note that this solicitation of interest to
sell will remain in effect for 30 calendar days. If we do not receive your written indication of
interest within such 30.calendar day period, this solicitation of interest will be deemed null and
void without further action on-the part of the County and no further acquisition of this parcel will
be pursued by the County. If we receive your written indication of interest within such 30
calendar day period, we will proceed with the preparation of the Contract of Sale to be
submitted to you for your review and execution
H.LEE DENNISON BLDG a 100 VETERANS MEMORIAL HWY,2nd 171 a P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 n(631)863-6472
• r
If you are interested in entering into a Bargain Sale Agreement with the County of
Suffolk for a non-cash charitable contribution that may provide you with tax benefits from the
Internal Revenue Service (IRS), please indicate that by checking the appropriate box below.
Please note that in order to qualify for a bargain sale (non-cash charitable contribution)
you must be willing to accept.a purchase price less than the amount offered above. The
reduction of the purchase price is based upon established County policy which requires a
charitable gift of between 1% and 5% of the purchase price.
Please keep in mind that this is an important legal and tax issue that should be
discussed with you and/or their accountant before electing this option.
If you have any questions concerning this matter, please contact me at(634) 853-5803
Yours truly,
Christina Hillman
Acquisition Agent
Cc: Janet Longo- Acquisition Supervisor
' Peggy DeKams- Acquisition Unit
Elyse Jay—Director of Administration/Financial & Personnel
Site- Bing Property
Owner- Big Bing LLC and Little Bing LLC
Tax Map No. 1000-095.00-01.00-008.003 p/o
1000-095.00-01.00-007.002 p/o
New Suffolk County %4% Drinking Water Protection Program (PAYGO)—Farmland—
Development Rights
V I am interested and want to proceed with thls transaction for the price
stated herein.
_ I am not interested in selling my property to the County.
Interested in Bargain Sale O Yes i4/No
Amount of Charitable Donation %
OWNER: ><O I; '1 AbuQ
Name (authorized-to accept) Telephone# Title
LLCM
Attorney L r T 2C
?� fC4
Name Telephone#
H.LEE DENNISON SLOG u 10o VETERANS MEMORIAL HWY,2"0 FI a P.O.BOX 6100 a HAUPPAUGE,NY 11768-0099 a(631)859-5972
Suffolk County Administrative Code Section A-40-4(N)
The Division of Real Property Acquisition and Management shall take such measures
as shall be necessary and appropriate to ensure that the acquisition of all parcels or
interests in real estate authorized under any County land acquisition program shall take
place within two years after the effective date of the County resolution authorizing the
acquisition of such parcels or any interest therein. If the transfer of title to such parcels
or interests in real estate shall not take place within two years after the effective date of
the County resolution authorizing such acquisition, then the Director of Real Estate of
the Division of Real Property Acquisition and Management shall provide a written report
to the County Legislature and appear before the Ways and Means Committee and the
Parks and Cultural Affairs Committee of the County Legislature, or any successor
Committee thereto, in order to continue the acquisition process.
EXHIBIT "I"
Westlaw.
McKinney's Agriculture and Markets Law§305 Page 1
Effective:July 30,2010
Mckinney's Consolidated Laws of New York Annotated Currentness
Agriculture and Markets Law(Refs&Annos)
',10 Chapter 69.Of the Consolidated haws
lu Article 25-AA.Agricultural Districts(Refs&Annos)
•rte §305.Agricultural districts;effects
1. Agricultural assessments. a. Any owner of land used in agricultural production within an agricultural district
shall be eligible for an agricultural assessment pursuant to this section. I€an applicant rents land from another
for use in conjunction with the applicant's land for the production for sale of crops, livestock or livestock
products, the gross.sales value of such products produced on such rented land shall be added to the gross sales
value of such products produced on the land of the applicant for purposes of determining eligibility for an agri-
cultural assessment on the land of the applicant. Such assessment shall be granted only upon an annual applica-
tion by the owner of such land on a form prescribed by the commissioner of taxation and finance. The applicant
shall furnish to the assessor such information as the commissioner of taxation and finance shall require, includ-
ing classification information prepared for the applicant's land or water bodies used in agricultural production by
the soil and water conservation district office within the county, and information demonstrating the eligibility
for agricultural assessment of any land used in conjunction with rented land as specified in paragraph b of subdi-
vision four of section.three hundred one of this article. Such application shall be filed with the assessor of the as-
sessing unit on or before the appropriate taxable status date; provided, however, that (i) in the year of a revalu-
ation or update of assessments, as those terms are defined in section one hundred two of the real property tax
law, the application may be filed with the assessor no later than the thirtieth day prior to the day by which the
tentative assessment roll is required to be filed by law; or(ii) an application for such an assessment may be filed
with the assessor of the assessing unit after the appropriate taxable status date but not later than the last date on
which a petition with respect to complaints of assessment may be filed, where failure to file a timely application
resulted from: (a) a death of the applicant's spouse, child, parent, brother or sister, (b) an illness of the applicant
or of the applicant's spouse, child, parent, brother or sister, which actually prevents the applicant from filing on a
timely.basis, as certified by a licensed physician, or (c) the occurrence of a natural disaster, including, but not
limited to, a flood, or the destruction of such applicant's residence, barn or other farm building by wind, fire or
flood. If the assessor is satisfied that the applicant is entitled to an agricultural assessment, the assessor shall ap-
prove the application and the land shall be assessed pursuant to this section. Not less than ten days prior to the
date for hearing complaints in relation to assessments, the assessor shall mail to each applicant, who has in-
cluded with the application at least one self-addressed, pre-paid envelope, a notice of the approval or denial of
the application. Such notice shall be on a form prescribed by the commissioner of taxation and finance which
shall indicate the manner in which the total assessed value is apportioned among the various portions of the
property subject to agricultural assessment and those other portions of the property not eligible for agricultural
assessment as determined for the tentative assessment roll and the latest final assessment roll. Failure to mail
any such notice or failure of the owner to receive the some shall not prevent the levy, collection and enforcement
of the payment of the taxes on such real property.
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EXH 18 IT /' ZT A
McKinney's Agriculture and Markets Law§345 Page 2
b. That portion of the value of land utilized for agricultural production within an agricultural district which rep-
resents an excess above the agricultural assessment as determined in accordance with this subdivision shall not
be subject to real property taxation. Such excess amount if any shall be entered on the assessment roll in the
manner prescribed by the commissioner of taxation and finance.
c. (i) The assessor shall utilize the agricultural assessment values per acre certified pursuant to section three hun-
dred four-a of this article in determining the amount of the assessment of lands eligible for agricultural assess-
ments by multiplying those values by the number of acres of land utilized for agricultural production and adjust-
ing such result by application of the latest state equalization rate or a special equalization rate as may be estab-
lished and certified by the commissioner of taxation and finance for the purpose of computing the agricultural
assessment pursuant to this paragraph.This resulting amount shall be the agricultural assessment for such lands.
(ii)-Where the latest state equalization rate exceeds one hundred, or where a special equalization rate which
would otherwise be established for the purposes of this section would exceed one hundred, a special equalization
rate of one hundred shall be established and certified by the commissioner for the purpose of this section.
(iii) Where a special equalization rate has been established and certified by the commissioner for the purposes of
this paragraph, the assessor is directed and authorized to recompute the agricultural assessment on the assess-
ment roll by applying such special equalization rate instead of the latest slate equalization rate, and to make the
appropriate corrections on the assessment roll, subject to the provisions of title two of article twelve of the real
property tax law.
d. (i) If land within an agricultural district which received an agricultural assessment is converted parcels, as de-
scribed on the assessment roll which include land so converted shall be subject to payments equalling five times
the taxes saved in the last year in which the land benefited from an agricultural assessment, plus interest of six
percent per year compounded annually for each year in which an agricultural assessment was granted, not ex-
ceeding five years. The amount of taxes saved for the last year in which the land benefited from an agricultural
assessment shall be determined by applying the applicable tax rates to the excess amount of assessed valuation
of such land over its agricultural assessment as set forth on the last assessment roll which indicates such an ex-
cess. If only a portion of a parcel as described on the assessment roll is converted, the assessor shall apportion
the assessment and agricultural assessment attributable to the converted portion, as determined for the last as-
sessment roll for which 'the assessment of such portion exceeded its agricultural assessment. The difference
between the apportioned assessment and the apportioned agricultural assessment shall be the amount upon
which payments shall be determined. Payments shall be added by or on behalf of each taxing jurisdiction to the
taxes levied on the assessment roll prepared on the basis of the first taxable status date on which the assessor
considers the land to have been converted; provided, however, that no payments shall be imposed if the last as-
sessment roll upon which the property benefited from an agricultural assessment, was more than five years prior
to the year for which the assessment roll upon which payments would otherwise be levied is prepared.
(ii) Whenever a conversion occurs, the owner shall notify the assessor within ninety days of the date such con-
version is commenced. if the landowner fails to make such notification within the ninety day period, the assess-
ing unit, by majority vote of the governing body, may impose a penalty on behalf of the assessing unit of up to
0 2011 Thomson Reuters,No Claim to Orig.US Gov. Works.
McKinney's Agriculture and Markets Law§305 Page 3
two times the total payments owed, but not to exceed a maximum total penalty of five hundred dollars in addi-
tion to any payments owed.
(iii)(a) An assessor who determines that there is liability for payments and any penalties assessed pursuant to
subparagraph (ii) of this paragraph shall notify the landowner by mail of such liability at least ten days prior to
the date for hearing complaints in relation to assessments. Such notice shall indicate the property to which pay-
ments apply and describe how the payments shall be determined. Failure to provide such notice shall not affect
the levy,collection or enforcement or payment of payments;
(b) Liability for payments shalt be subject to administrative and judicial review as provided by law for review of
assessments.
(iv) if such land or any portion thereof is converted to a use other than for agricultural production by virtue of
oil, gas or wind exploration, development, or extraction activity or by virtue of a taking by eminent domain or
other involuntary proceeding other than a tax sale, the land or portion so converted shall not be subject to pay-
ments. If the land so converted constitutes only a portion of a parcel described on the assessment roll, the as-
sessor shall apportion the assessment, and adjust the agricultural assessment attributable to the portion of the
parcel not subject to such conversion by subtracting the proportionate part of the agricultural assessment attrib-
utable to the portion so converted. Provided further that land within an agricultural district and eligible for an
agricultural assessment shall not be considered to have been converted to a use other than for agricultural pro-
duction solely due to the conveyance of oil,gas or wind rights associated with that land.
(v) An assessor who imposes any such payments shall annually, and within forty-five days following the date on
which the final assessment roll is required to be filed, report such payments to the commissioner of taxation and
finance on a form prescribed by the commissioner.
(vi) The assessing unit, by majority vote of the governing body, may impose a minimum payment amount, not to
exceed one hundred dollars.
(vii) The purchase of land in fee by the city of New York for watershed protection purposes or the conveyance
of a conservation easement by the city of New York to the department of environmental conservation which.pro-
hibits future use of the land-for agricultural purposes shall not be a conversion of parcels and no payment shall
be due under this section.
e. In connection with any district created under section three hundred four of this article, the state shall provide
assistance to each taxing jurisdiction in an amount equal to one-half of the tax loss that results from requests for
agricultural assessments in the district. The amount of such tax loss shall be computed annually by applying the
applicable tax rate to an amount computed by subtracting the agricultural assessment from the assessed value of
the property on the assessment roll completed and filed prior to July first, nineteen hundred seventy-one, taking
into consideration any change in the level of assessment. The chief fiscal officer of a taxing jurisdiction entitled
to state assistance under this article shall make application for such assistance to the-commissioner of taxation
0 2011 Thomson Reuters.No Claim to Orig. US Gov. Works.
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McKinney's Agriculture and Markets Law§305 Page 4
and finance on a form approved by such commissioner and containing such information as the commissioner
shall require. Upon approval of the application by such commissioner, such assistance shall be apportioned and
paid to such taxing jurisdiction on the audit and warrant of the state comptroller out of moneys appropriated by
the legislature for the purpose of this article, provided, however, that any such assistance payment shall be re-
duced.by one-half the amount of any payments levied under subparagraph (i) of paragraph d of this subdivision,
for land in any district created under section three hundred four of this article, unless one-half the amount of
such payments has already been used to reduce a previous assistance payment under this paragraph.
f. Notwithstanding any inconsistent general, special or local Iaw to the contrary, if a natural disaster, act of God,
or continued adverse weather conditions shall destroy the agricultural production and such fact is certified by the
cooperative extension service and, as a result, such production does not produce an average gross sales value of
ten thousand_ dollars or more, the owner may nevertheless qualify for an agricultural assessment provided the
owner shall substantiate in such manner as prescribed by the commissioner of taxation and finance that the agri-
cultural production initiated on such land would have produced an average gross sales value of ten thousand dol-
lars or more but for the natural disaster, act of God or continued adverse weather conditions.
2. Repealed by L.1997, c. 357, §9.
3. Policy of state agencies. It shall be the policy of all state agencies to encourage the maintenance of viable
farming in agricultural districts and their administrative regulations and procedures shall be modified to this end
insofar as is consistent with the promotion of public health and safety and with the provisions of any federal
statutes, standards, criteria, rules, regulations, or policies, and any other requirements of federal agencies, in-
cluding provisions applicable only to obtaining federal grants,loans,of other funding.
4. Limitation on the exercise of eminent domain and other public acquisitions, and on the advance of public
funds. 'a. Any agency of the state, any public benefit corporation or any local government which intends to ac-
quire land or any interest therein, provided that the acquisition from any one actively operated farm within.the
district would be in excess of one acre or that the total acquisition within the district would be in excess of ten
acres, or which intends to construct, or advance a grant, loan, interest subsidy or other funds within a district to
construct, dwellings, commercial or industrial facilities, or water or sewer facilities to serve non-farm structures,
shall use all practicable means in undertaking such action to realize the policy and goals set forth in this article,
and shall act and choose alternatives which, consistent with social, economic and other essential considerations,
to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable
farm enterprise or enterprises within the district. The adverse agricultural impacts to be minimized or avoided
shall include impacts revealed in the notice of intent process described in this subdivision.
b: As early as possible in the development of a proposal of an action described in paragraph a of this subdivi-
sion, but in no event later than the date of any determination as to whether an environmental impact statement
need be prepared pursuant to article eight of the environmental conservation law, the agency, corporation or
government proposing an action described in paragraph a of this subdivision shall file a preliminary notice of its
intent with the commissioner and the county agricultural and farmland protection board in such manner and
form as the commissioner may require. Such preliminary notice shall include the following:
®2011 Thomson Reuters.No Claim to Orig.US Gov.Works.
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McKinney's Agriculture and Markets Law §305 page 5
(1)a brief description of the proposcd action and its agricultural setting;
(ii) a summary of any anticipated adverse impacts on farm operations and agricultural resources within the dis-
trict;and
(iii)such other information as the commissioner may require.
c. The agency, corporation or government proposing the action shall also, at least sixty-five days prior to such
acquisition, construction or advance of public funds, file a final notice of intent with the commissioner and the
county agricultural and farmland protection board. Such final notice shall include a detailed agricultural impact
statement setting forth the following;
(i)a detailed description of the proposed action and its agricultural setting;
(ii)the agricultural impact of the proposed action including short-term and tong-term effects;
(iii)any adverse agricultural effects which cannot be avoided should the proposed action be implemented;
(iv)alternatives to the proposed action;
(v) any irreversible and irretrievable commitments of agricultural resources which would be involved in the pro-
posed action should it be implemented;
(vi) mitigation measures proposed to minimize the adverse impact of the proposed action on the continuing viab-
ility of a farm enterprise or enterprises within the district;
(vii) any aspects of the proposed action which would encourage non-farm development, where applicable and
appropriate;and
(viii)such other information as the commissioner may require.
The commissioner shall promptly determine whether the final notice is complete or incomplete. If the commis-
sioner does not issue such determination within thirty days, the final notice shall be deemed complete. if the fi-
nal notice is determined to be incomplete, the commissioner shall notify the party proposing the action in writ-
ing of the reasons for that determination. Any new submission shall commence a new period for department re-
view for purposes of determining completeness,
d. The provisions of paragraphs b and c of this subdivision shall not apply-and shall be deemed waived by the
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McKinney's Agriculture and Markets Law §305 Page b
owner of the land to be acquired where such owner signs a document to such effect and provides a copy to the
commissioner.
e. Upon notice from the commissioner that he or she has accepted a final notice as complete, the county agricul-
tural and farmland protection board may, within thirty days, review the proposed action and its effects on farm
operations and agricultural resources within the district, and report its findings and recommendations to the
commissioner and to the party proposing the action in the case of actions proposed by a state agency or public
benefit corporation, and additionally to the county legislature in the case of actions proposed by local govern-
ment agencies.
f. Upon receipt and acceptance of a final notice, the commissioner shall thereupon forward a copy of such notice
to the commissioner of environmental conservation and the advisory council on agriculture. The commissioner,
in consultation with the commissioner of environmental conservation and the advisory council on agriculture,
within forty-five days of the acceptance of a final notice, shall review the proposed action and make an initial
determination whether such action would have an unreasonably adverse effect on the continuing viability of a
fans enterprise or enterprises within the district,or state environmental plans,policies and objectives.
If the commissioner so determines, he or she may (i) issue an order within the forty-five day period directing the
state agency, public benefit corporation or local government not to take such action for an additional period of
sixty days immediately following such forty-five day period; and (ii) review the proposed action to determine
whether any reasonable and practicable alternative or altematives exist which would minimize or avoid the ad-
verse impact on agriculture in order to sustain a viable farm enterprise or enterprises within the district.
The commissioner may hold a.public hearing concerning such proposed action at a place within the district or
otherwise easily accessible to the district upon notice in a newspaper having a general circulation within the dis,
trict, and individual notice, in writing, to the municipalities whose territories encompass the district, the com-
missioner of environmental conservation, the advisory council on agriculture and the state agency, public benefit
corporation or local government proposing to take such action. On or before the conclusion of such additional
sixty day period, the commissioner shall report his or her findings to the agency, corporation or government pro-
posing to take such action, to any public agency having the power of review of or approval of such action, and,
in a manner conducive to the wide dissemination of such findings, to the public. If the commissioner concludes
that a reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse im-
pact of the proposed action, he or she shall propose that such alternative or alternatives be accepted. If the
agency, corporation or government proposing the action accepts the commissioner's proposal, then the require-
ments of the notice of intent filing shall be deemed fulfilled. If the agency, corporation or government rejects the
commissioner's proposal, then it shall provide the commissioner with reasons for rejecting such proposal and a
detailed comparison between its proposed action and the commissioner's alternative or alternatives.
g. At least ten days before commencing an action which has been the subject of a notice of intent filing, the
agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the
requirements of this subdivision have been met, and that consistent with social, economic and other essential
considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent
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McKinney's Agriculture and Markets Law§305 Page 7
process will be minimized or avoided. Such certification shall set forth the reasons in support of the finding.
h. The commissioner may request the attorney general to bring an action to enjoin any such agency, corporation
or government from violating any of the provisions of this subdivision.
h-l. Notwithstanding any other provision of law to the contrary, no solid waste management facility shall be
sited on land in agricultural production which is located within an agricultural district, or land in agricultural
production that qualifies for and is receiving an agricultural assessment pursuant to section three hundred six of
this article.Nothing contained herein,however,shall be deemed to prohibit siting when:
(i)The owner of such land has entered into a written agreement which shall indicate his consent for site consid-
eration;or
(ii) The applicant for a permit has made a commitment in the permit application to fund a farm land protection
conservation easement within a reasonable proximity to the proposed project in an amount not less than the dol-
lar value of any such farm land purchased for the project;or
(iii) The commissioner in concurrence with the commissioner of environmental conservation has determined that
any such agricultural land to be taken,constitutes less than five percent of the project site.
For purposes of this paragraph, "solid waste management facility" shall have the same meaning as provided in
title seven of article twenty-seven of the environmental conservation law, but shall not include solid waste trans-
fer stations or land upon which sewage sludge is applied, and determinations regarding agricultural district
boundaries and agricultural assessments will be based on those in effect as of the date an initial determination is
made, pursuant to article eight of'tho environmental conservation law, as to whether an environmental impact
statement needs to be prepared for the proposed project.
i. This subdivision shall not apply to any emergency project which is immediately necessary for the protection
of life or property or to any project or proceeding to which the department is or has been a statutory party.
j. The commissioner may bring an action to enforce any mitigation measures proposed by a public benefit cor-
poration or a local government, and accepted by the commissioner, pursuant to a notice of intent filing, to min-
imize or avoid adverse agricultural impacts from the proposed action.
5. Limitation on power to impose benefit assessments, special ad valorem levies or other rates or fees in certain
improvement districts or benefit areas. Within improvement districts or areas deemed benefited by municipal
improvements including, but not limited to, improvements for sewer, water, lighting, non-farm drainage, solid
waste disposal, including those solid waste management facilities established pursuant to section two hundred
twenty-six-b of the county law, or other landfill operations, no benefit assessments, special ad valorem levies or
other rates or fees charged for such improvements may be imposed on land used primarily for agricultural pro-
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McKinney's Agriculture and Markets Law§305 Page 8
duction within an agricultural district on any basis, except a lot not exceeding one-half acre surrounding any
dwelling or non-farm structure located on said land, nor on any farm stricture located in an agricultural district
unless such structure benefits directly from the service of such improvement district or benefited area; provided,
however, that if such benefit assessments, ad valorem levies or other rates or fees were imposed prior to the
formation of the agricultural district, then such benefit assessments, ad valorem levies or other rates or fees shall.
continue to be imposed on such land or farm structure.
6. Use of assessment for certain purposes. The governing body of a fire, fire protection, or ambulance district for
which a benefit assessment or a special ad valorem levy is made, may adopt a resolution to provide that the as-
sessment determined pursuant to subdivision one of this section for such property shall be used for the benefit
assessment or special ad valorem levy of such fire,fire protection,or ambulance district.
7. Notwithstanding any provision of law to the contrary, that portion of the value of land which is used solely for
the purpose of replanting or crop expansion as part of an orchard or vineyard shall be exempt from real'properry
taxation for a period of six successive years following the date of such replanting or crop expansion beginning
on the first eligible taxable status date following such replanting or expansion provided the following conditions
are met:
a, the land used for crop expansion or replanting must be a part of an existing orchard or vineyard which is loc-
ated on land used in agricultural production within an agricultural district or,such land must be part of an exist-
ing orchard or vineyard which is eligible for an agricultural assessment pursuant to this section or section three
hundred six of this chapter where the owner of such land has filed an annual application for an agricultural as-
sessment;
b. the land eligible for such real property tax exemption shall not in any one year exceed twenty percent of the
total acreage of such orchard or vineyard which is located on land used in agricultural production within an agri-
cultural district or twenty percent of the total acreage of such orchard or vineyard eligible for.an agricultural as-
sessment pursuant to this section and section three hundred six of this chapter where the owner of such land has
filed an annual application for an agricultural assessment;
c. the land eligible for such real property tax exemption must be maintained as land used in agricultural produc-
tion as part of such orchard or vineyard for each year such exemption is granted;and
d. when the land used for the purpose of replanting or crop expansion as part of an orchard or vineyard is located
within an area which has been declared by the governor to be a disaster emergency in a year in which such tax
exemption is sought and in a year in which such land meets all other eligibility requirements for such tax exemp-
tion set forth in this subdivision, the maximum twenty percent total acreage restriction set forth in paragraph b
of this subdivision may be exceeded for such year and for any remaining successive years, provided, however,
that the land eligible for such real property tax exemption shall not exceed the total acreage damaged or des- .
troyed by such disaster in such year or the total acreage which remains damaged or destroyed in any remaining
successive year. The total acreage for which such exemption is sought pursuant to this paragraph shall be subject
to verification by the commissioner or his designee.
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McKinney's Agriculture and Markets Law§305 Page 9
In administering this subdivision, the portion of the value of land eligible for such real property tax exemption
shall be determined based on,the average per acre assessment of all agricultural land of the specific tax parcel as
reported in a form approved by the commissioner of taxation and finance.
CREDIT(S)
(Added L.1971, c. 479, § 1. Amended L_1972, c. 712, § 4; L.I973, c. 232, §§ I, 2; L.1974, e. 169, § 1; L.1975,
c. 464, § 6; L.1975, c. 717, § 1;•L.1976, c. 576, § 1; L,1978, c. 663, § 1; L.1979, c. 266, § 2; L.1980, c. 79, §§ 8
to 10; L,1981, c. 79, § 1; L.1981, c. 846, § 22; L.1982, c. 564, § 1; L,1983, c. 443, § 1; L.1985, c. 280, § 23;
L.1985, c. 816, § 1; L.1987, c. 508, § l; L.1987, c. 774, §§ 3 to 6; L.1988, c. 736, § 2; L.1990, c. 396, § 3;
L.1990, c. 698, § 1; L_199D, c. 758 § l; L.1991, c. 562, § 1; L.1992, c. 534, § 2; L.1992, C. 797, §§ 9, 10;
L.1993, c. 440, § 22; L.1994, c. 385, § 20; L.1994, c. 590, § 15; L.1995, c. 235, §§ 4, 5; L.1995, c. 319, § 1;
L.1995, c. 324, § 1; L.1995, c. 495, § 2; L.1997, c. 2, § 1, eff. Sept. 10, 1997; L.1997, c. 357, §§ 8 to 10, eff.
Nov. 3, 1997; L.1997, c. 362, § 10, eff. Aug. 5, 1997; L.1998, c. 102, § 6, eff. June 9, 1998; L.1999, c. 472, 5 1,
eff. Sept. 7, 1999; L.2000, c. 144, § 10, eff. July it, 2000; L.2003, c. 565, § 2, eff. Sept. 22, 2003; L.2006, c.
680, § 1, eff. Sept. 13, 2006; L.2006, c. 689, § 1, eff. Sept. 13, 2006; L.2007, c. 514, § 1, eff, Aug. 15, 2007;
L.2010, c. 56, pt. W,§ 1,subd.(d),eff.June 22,2010;L.2010,c,229, § 1,eff.July 30, 2010)
Current through L.2011, chapters 1 to 54, 57 to 521, 523 to 524, 526, 528 to 533, 536, 537, 539 to 548, 551 to
559,561 to 564,565,and 567 to 569.
®2011 Thomson Reuters
END OF DOCUMENT
2011 Thomson Reuters. No Claim to Orig.US Gov. Works.
DOCUMENT'FOR COMPLIANCE WITH NEW YORK STATE
AGRICULTURE AND MARKETS LAW §305(4)
residing at
and
residing at hereinafter described as
the SELLER(S),is in the process of executing a contract with Suffolk County,County Center,
Riverhead,New York 11901 and the Town of
hereinafter described as the PURCHASERS;
WHEREAS,the SELLERS and the PURCHASERS desire to enter into a contract for the
sale of farmland development rights to Suffolk County Tax Map No.
Please check either-A.or B.
A: The subject premises is not located within an agricultural district pursuant to
New York State Agriculture and Markets Law Article 25AA.
.OR
B. The subject premises is located within an agricultural district pursuant to
New York State Agriculture and Markets Law'Artiele 25AA.
If you checked yes to B.noted above,please respond to the following:
C. The PURCHASERS should proceed with an application to the State of New
York and follow up with the procedure as further stated in New York State
Agriculture and Markets Law §305(4)(a)-and(b).
OR -
D. The SELLER desires that the provisions of New York State Agriculture and
Markets Law §305(4)(b)and(c)shall not apply and shall be deemed waived
by the SELLER,in accordance with New York State Agriculture and
Markets Law §305(4)(d). Furthermore,the SELLER authorizes the
PURCHASERS to provide a copy of this document to the Commissioner of
Agriculture and Markets.
EXHIBIT"K"
STATE OF NEW YORK )
COUNTY OF )
On the day of ,in the year 20before me,the undersigned,
personally appeared ,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity,and that by his
signature on the instrument,the individual,or the person upon behalf of which the individual
acted, executed the instrument.
Signature and Office of Individual
Taking Acknowledgment
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the day of ,in the year 20_, before me,the undersigned,
personally appeared ,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity,and that by his
signature on the instrument, the individual,or the person upon behalf of which the individual
acted,executed the instrument.
Signature and Office of Individual
Taking Acknowledgment
DOCUM&177011 COMPLIANCE WITH NEW YORK STATE
AGRICULTURE AND MATS LAW§305(4}
_ residing at ILI a` &
1--W%W and
resza ��„
Rthe ,is in the process"of execating a contract wash Su oIk Cot ,' out�r� as
iver=d,New York 1 I901-and the Town of er
herccinaftr described as the PURCHASERS;
SEAS,the SELLERS and the PUJ'RCHASERS desire to eater into a contract for the
sate of farmland development rights to Suffolk County Tax Map No. X40 - I
Z "
Please check either-A.or B.
�.� A: The subject premises is not located within an agricultural district pursuant to
New York State Agriculture and Markets Law Article 25AA.
:OR
B. The subject premises is located within an a 'cultural district ur"
New York State Agriculture and Markets Lavp sr'Article 25AA. cant to
If you checked yes to B.noted above,please respond to the following;
The PURCHASERS should proceed with an application to the Siate of New
York and follow up with the procedure as further stated in New York State
Agriculture and Markets Law§305(4)(x):and(b).
OR .
D. The SELLER desires that the provisions ofNew York State Agriculture and
Markets I^ §305(4)(b) and(c)shall not apply and shall be deemed waived
by the SELLER,in accordance with brew York State Agriculture and
Markets Law §305(4)(4), Furthermore,the SELLER authorithe
PURCHASEauthorizes the
to provide'a copy of thin document to the Commissioner of
Agriculture and Markets.
VI
ober ►�,,1 v�duuw��y
LLC.
EYMIT IIKII
r
STATE OF NEW YORK )
ss.:
COUNTY OF )
On the :3 'day of d v�i ,in the year 2Q,�g before me,the undersigned,
personally appeared lku't ,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity,and that by his
signature on the instrument,the individual,or the person upon behalf of which the individual
acted,executed the instrument.
�Si and Office of Individual
Taking Acknowledgment
PATRICIA C MOORE
NOTM pUB=STATE OF NEW YORK
STATE OF NEW YORK ) Registration No.01M04861668
Qualified in Suffolk Gour4y
ss.:. my Commission Expires June 18.
COUNTY OF SUFFOLK )
On the day of ,in the year 20 , before me,the undersigned,
personally appeared ,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity,and that by his
signature on the instrument,the individual,or the person upon behalf of which the individual
acted, executed the instrument.
Signature acid Office of Individual
Taking Acknowledgment