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HomeMy WebLinkAboutL 12690 P 653SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CONTRACT / OPTION Number of Pages: 86 Receipt Number : 12-0042829 TRANSFER TAX NUMBER: 11-18400 Distriot: Section: 1000 103.00 MORTGAGE TAX NUMBER: DD002449 Deed Amount: Recorded: At: Block: 11.00 LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $0.00 XES Handling COE $0.00 YES NYS SRCHG Affidavit $0.00 YES TP-584 Notation $0.00 YES Cert. Copies RPT $0.00 YES Transfer tax Comm. Pres $0.00 YES Mort. Basic Mort.Addl $0.00 YES Mort. SplAddl Mort. SplAsst $0.00 YES TRANSFER TAX NUMBER: 11-18400 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 04/16/2012 11:25:44 AM D00012690 653 Lot: 022. 002 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.oo Exempt YES YES YES YES YES YES XES $0.00 Number or pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2012 Rpr,16 11:25:44 ~r'l ~UDIT~ n. PnSC:nLE CLERK OF SUFFOLK COUHT? L D00012690 P 653 DD002449 DT~ 11-18400 Deed / Mortgage. Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES Page / Filing Fee Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total Comm. of Ed. 5. 00 \NYS SurchargeV~~ 15. 00 Sub Total Other OrandT°ta[ 1000 10300 1100 022002 Real Property F- Tax Service' Agency Verification Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town ~ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or 'NO If NO, see appropriate tax clause on page # of this instrument., community Pre~rwtlon Fund Consideration Amount $ 0 - imProved ISatisfactions/Discharges/Releas~ List Property Owners Mailing Address . I ~co~ & RETURN TO: Vacant Land · I SUFFOLK COUNTY I DIV. OF REAL PROPERTY ACQUISITION ] AND MANAGEMENT I H. LEE DENNISON BLDG.-2nd FLOOR TD I 100 VETERANS MEMORIAL HIGHWAY TD ' I P.O. BOX 6100 I HAUPPAUO£, NY 11788-099,,9- .. ' I Mail to: Judith A. Pascale, Suffolk County Clerk I ' I Title Company Information ~ . 310Center Drive, Riverhead, NY 11901 ICe Name I wwwsuffolkcountynygov/clerk. . I i,ic , s I Suffolk County Recording & Endorsement Page This page forms part of the attached TO (SPECIFY TYPE OF iNSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of ~o ,..t-4- ~ oU~ In the VILLAGE or HAMLET of O t~4OJ~ o<~ ~..~ made by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK oNLy PRIOR TO RECORDING OR FILING. IMPORTANT NOTICE If the document you've just recorded is your//ATIitFACTION OF MOR~AGE. please be aware of the following: ' .... If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town. Tax Receiver so that you may be billed dlre.c_tly for all future property tax statements. Local property taxes are payable twice a year:~ on or before January 10~ and on or before May 31". Failure to make payments In a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East'Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Rlverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y.- 11901 {63 l) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingvflle, N.Y. 11738 (631 ) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantlgo Place East Hampton, N.Y. 11937 (631) 324-2770 Smtthtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Isllp Town Receiver of Taxes 40 Nassau Avenue Isllp, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104., THIS AGREEMENT, made this ~ay of , Two Thousand BETWEEN JONATHAN WICKHAM, with an address at 2056 S IH-45, Wilmer, Texas 75172, and JOHN L. WICKHAM, with an address at 11752 Harford Road, Glen Arm, Maryland 21057, 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 agrees to purchase, as authorized in accordance with Article XII of the Suffolk County Charter, as amended and effective December 1, 2007, and pursuant to Chapter 8 of the Suffolk County Code, Resolution No. 285-1981 as amended, Resolution No. 405-2001, and Resolution No. ~' 7 -201! of the Suffolk County 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, known and designated as SCTM No. 1000-103.00-11.00-022.000, being 6.0 4- acres, the subject premises (the "Premises"), more particularly bounded and described as set forth in the description annexed hereto as Exhibit "G". 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 as that term is defined in Chapter 8 of the Suffolk County Code, as amended, 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. By the sale of such development rights and interest, the SELLERS shall be deemed to have covenanted and agreed that the SELLERS, their heirs, legal representatives, successors and assigns, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County of Suffolk for the purpose of such agricultural production. Such covenant shall mn with the land in perpetuity. 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 the heirs, successors in interest, successors in title, assignees, including a 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 except in connection with customary agricultural practice, including the appropriate balling of horticultural products. 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. 1 3. 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 FOUR HUNDRED EIGHTY-SIX THOUSAND and 00/100 DOLLARS, more or less ($486,000.00-J=), based on the representation of the SELLERS that the premises contains 6.0 + acres of cropland, the development rights of which are valued at EIGHTY ONE THOUSAND and 00/100 DOLLARS ($81,000.00) 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,..a..n, y land as to which any other person or the public may have any rights, any wetlands, riparian lands, littoral land.s.~....and/or body of water, but title to the Development Rights to all such areas as the SELLERS may have (except wetlands, riparian lands, littoral lands and or bodies of water) 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. If 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 surveyor shall be binding, and the third surveyor's cost shall be borne equally by the SELLERS and PURCHASER. Ifa 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 roa..d,, private road, any land as to which any other person or the public may have any fights, 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 (except wetlands, riparian lands, littoral lands and/or bodies of water) 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, as provided herein including but not limited to paragraph 8 of this agreement. 5. The deed shall be in the form approved by the Suffolk County Attomey, 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, it will deliver to the PURCHASER at the time of the delivery of the deed hereunder, a resolution of the 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 §909 of 2 the Business Corporation Law. The deed in such case shall contain such recital sufficient to establish compliance with such section. 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 land 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 recordabte 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 constTuct any new structures or relocate any existing structures, except as would otherwise be permitted herein. E. Pursuant to Suffolk County Code §8-5(E)(2) and Suffolk County Administrative Code §A42-6, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation shall be forwarded to the County Legislature for further consideration. 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 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' obtaining consents and permits, if necessary, as may be required by any federal, state 3 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 A42-4-(N) attached hereto as Exhibit 'T', 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 Charter Section C42-2(C)5 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 "J"; (j) compliance with Chapter 712 of the Suffolk County Regulatory Local Laws, as amended by Resolution No. 626- 2004, and further as the same may be amended and/or superseded; (k) the passage of a resolution by the Suffolk County Legislature authorizing 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 neither party 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 its own examination of the title, or that of its agents, or a title report ora 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, if any is involved, the title company. 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 PURCHASER 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 check(s) as may be requested by the Suffolk County Comptroller and Suffolk County Treasurer 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, agrees 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. I 1. 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 such judgments, bankruptcies or other return(s) are against the SELLERS, the SELLERS will cause such judgments, bankruptcies or other 4 return(s) to be cleared to the satisfaction of Purchasers' title company and/or the 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, have 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. 14. The deed shall be delivered at the offices of Christine Malafi, Suffolk County Attomey, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York, 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 herein, and subject to the conditions set forth in paragraph 8 and the receipt of a final survey, guaranteed to the PURCHASER, pursuant to paragraph 16 herein. In the event that an Authorizing Resolution for the purchase of said Development Rights is not approved on or before December 31, 2011, SELLERS may cancel this contract subject to the terms and conditions herein including but not limited to paragraphs 12 and 23 herein. 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 arising out 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, rules, regulations, ordinances, statutes and resolutions of the Suffolk County Legislature. 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. 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 govemmental agency for the transfer of the development rights from SELLERS to PURCHASER, 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 18, 19, 20, and 22 . shall survive the closing, shall be binding upon SELLERS and their successors and assignsl and shall inure to the benefit of PURCHASER and its successors and assigns. 22. The SELLERS covenant and agree that they will: (a) Not generate, store or dispose of hazardous substances on the prenfises, nor allow others to do so; (b) Comply with all Environmental Laws; (c) Allow PURCHASER 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. (d) Access wilt be on reasonable notice, that is, PURCHASER and its agents will make best efforts to provide notification of an inspection prior to commencing the inspection. 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. 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 (the lawful use of chemicals in accordance with customary agricultural practices in amounts and types in customary use and in accordance with local, county, state and federal laws is permitted); 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. 24. 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 therein, 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 has 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%) per cent 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 person has read and is familiar with the provisions of Local Law #32-1980, annexed hereto as Exhibit "C". 28. A copy of Chapter 8 of the Suffolk County Code, annexed hereto as Exhibit "E", is incorporated l~y reference herein and made a part hereof; and the SELLERS agree and acknowledge that their successors in interest, grantees, heirs and assignees shall be bound thereby by ali its terms, provisions and conditions as they now exist and as they may be in the future amended. 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. 7 29. It is understood and agreed by and between the parties to this contract that if the SELLERS retain certain portions of the Premises and excludes said portions from this sale to the County of Suffolk, that the SELLERS covenant and agree, for itself and/or its heirs, successors or assigns, 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 purchased herein. 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 subject 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 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 "K". 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. A. Pursuant to Suffolk County Code §8-5(E)(4) and (6), new construction, erection, installation or placement of structures on the Premises is permitted as provided herein. B. All new construction shall be for the purposes of agricultural production, consistent with New York State Agriculture and Markets Law §301, New York State General Municipal Law §247, and Suffolk County Code §8. C. All new construction shall be subject to permit approved by a majority vote of the Farmland Committee. D. Applications for operation or construction of a farm stand shall also be subject to the provisions of Suffolk County Code §8-6. E. In its consideration of permit applications, the Farmland Committee shall consider the use of the structure for agricultural production, the effect of the proposed structure on topsoil consistent with the purpose stated in Paragraph 2 of this Contract and the impact on vistas. F. New construction shall include, but not be limited to, fencing, paving and relocation of existing structures. G. Renovation, maintenance and repairs of existing structures are not deemed to be new construction and are not subject to the permit requirement. In order to fall within the scope of this exception, renovation, maintenance and repairs may not enlarge or change the footprint or change the primary purpose of the existing building to a non-agricultural production use. 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. 33. 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. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 34. (a) Recreational uses such as hiking, hunting, fishing, boating, horseback riding that do not conflict with N.Y. Agric. & Mkts. Law §301, Suffolk County Code Chapter 8 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. (b) Use of the premises for more than de minimis commercial recreational activity is prohibited. 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. 35. (a) With the exception specified herein, exploration for, or development and extraction of minerals and hydrocarbons from the premises by any means is prohibited. (b) Surface mining involving gravel and sand removal may be permitted where such removal is small scale (proportionate to the whole or no more than two acres in the aggregate, whichever is less), does not breach the water table, and is collateral, subordinate and incidental to the agricultural production uses permitted on the Premises by Suffolk County Code Chapter 8. 9 36. Any amendments to this Contract and the subject Deed shall be in writing and executed in recordable form by the SELLERS and the PURCHASER. The provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 37. New York State Tax Law, Section 663, effective September 1, 2003, provides that 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 its 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. 38. 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. 39. 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. 40. If two or more persons constitute either the SELLERS 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. 10 IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto. IN PRESENCE OF: COUNTY OF SUFFOLK Title: Deputy County Executive Date: /~ ~.., ~_c~._O// / JO JOHN L. WlCK.~HAM Approved as to Legality: CHRISTINE MALAFI County Attorney By: KATHLEEN A. BURKE Assistant County Attorney Real Estate/Condemnation Bureau Department of Law APPROVED: ~REENE Director Division of Reat Property Acquisition and Management Department of Environment and Energy STATE OF~ ~RK ) ) SS.: COUNTY OF SUFFOLK On the ~-~day of July , in the year 2010, before me, the undersigned, personally appeared Jonathan Wickham, 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, :smfl~&al~s'm~ ' -- ---- ~~Snr XX XXXXXXXXXXXXXXXXXXXX>LXXX Sig'haiarUand O~ffice of Individu-~'¥ STATE OF ~ COUNTY OF SUFFOLK On the )~'~day of ) ) SS.: ) July Taki n/g~ c kn ° wl~d~n/}~t.n~. WtCKHAI~ NotmY Public State of New York: No. 524~2871 Qustified In Suflotk Cou~ Com~ss[on ~pires Sept. 30,~ , in the year 2010, before me, the undersigned, personally appeared John L. Wickham, 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 instmmcnt, the individual, or the person upon behalf of which the individual acted, executed the instrument, ~ - ' ~ -~-'~t~t:~~~~~x Sig~a~e and'Offic~e o~individUal Takin~Acknowledgment ABIGAIL A. WICKHAM Notary Public State of New Yorl( No. 52-4642871 Qualified tn Suffolk County. Commission Expires Sept. 12 STATE OF NEW YORK ) SS.: On the /'//'Y'~day of /~ . , in the year 20t0, before me, the undersigned, personally appeared ff__~rt,~,~alah'~r' ~'.~,'~J~, 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 COLLEEN A. ~,ADOLATO I~tary Public, Stale of No. 011~1~621 Ouaiilied In Suffolk. Coi~ _ 13 EXHIBITS ANNEXED TO CONTRACT FOR THE PURCHASE OF DEVELOPMENT RIGHTS A, Sample Deed of Development Rights B. Public Disclosure Statements 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 I. Suffolk County Administrative Code Section A42-4-(N) J. Copy of {}305 of the Agriculture and Markets Law K. Form in compliance with Agriculture and Markets Law {}305(4) 14 DESCRIPTION OF PROPERTY All that certain plot, piece or parcel of land hereinafter described as follows: farmland identified as Suffolk County Tax Map No. SCTM No. 1000-103.00-11.00-022.000, being 6.0 + acres, situate in the Town of Southold, County of Suffolk, and as is shown on the tax map attached hereto as Exhibit "H". The description in this Exhibit is for the purpose of the contract only, and a final description for conveyance purposes shall be a more particular description to be determined by means of the surveys required under the contract aforesaid to which this Exhibit is hereby appended. Contract/WickhamSuffolkCo6ac EXHIBIT "G" 15 DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made the BETWEEN and' residing at the PARTY OF THE FIRST PART, day of ,200 , residing at hereinafter described as AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, PARTY OF THE SECOND PART, WlTNESSETH, that pursuant to .Chapter 8 of the Suffolk County Code, and in accordance with Resolution No. 285-1981, as amended,' and Resolution No. -200 Suffolk County Legislature, - of the (If authorized pursuant to another program(s), add the following): and (If Suffolk County Environmental Legacy Fund): Suffolk County Environmental Legacy Fund pursuant to Resolution No. 281-2007 ... (If Suffolk County New Drinking Water Protection Program -Farmland): Article XII of the Suffolk County Charter, as amended, and effective December 1, 2007 ... (If Multi-Faeeted-Farmland): the Multi-Faceted Land Preservation Program, Resolution No. 459-2001 (Sth RESOLVED clause ... (If Land Preservation Partnership-Farmland): the Land Preservation Partnership Program, Resolution Nos. 751-1997; 652-1998; and 375-1999... that the PARTI}ES OF THE FIRST PART, in consideration of ~ and 00/100 DOLLARS (@) and other good and valuable consideration paid by the PARTY OF THE SECOND PART, DOES 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 fight, as authorized by §247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 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 16-1981 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: EXHIBIT "A" ALL that piece or parcel of land, situated in the Town of Brookhaven, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): 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 PARTIES OF THE FIRST PART covenant that the PARTIES OF THE FIRST PART have not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The PARTIES OF THE FIRST PART, as a covenant running with the land in perpetuity, further covenants and agree for the PARTIES OF THE FIRST PART, and the heirs, legal representatives, successors and assigns of the PARTIES OF THE FIRST PART, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. THE development fights 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 recorded in the office of the Suffolk County Clerk on ~ in Liber ~ cp ~, portions of which as contained herein have and will survive the delivery of this instrument of conveyance. THE PARTIES OF THE FIRST PART, their heirs, 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, covenants and agrees 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. THE PARTIES OF THE FIRST PART, their heirs, 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, covenants and agrees that it 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 PARTIES 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 PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the fight 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 premises: (i) Contingent Right in the United States of America: 2 (ii) (iii) In the event that the PARTY OF THE SECOND PART fails to enforce any of the terms of this easement (or other interests in land), 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 fight to enforce the terms of the easement (or other interests in land) through any and all authorities available under Federal or State law. In the event that the PARTY OF THE SECOND PART attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) or extinguish the conservation easement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States of America, then, at the option of such Secretary, all fight, title, and interest in this easement (or other interests in land) shall become vested in the United States of America. Unless otherwise agreed to by the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets,.the PARTY OF THE SECOND PART shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, or when the United States exercises its contingent right. 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 mended, the PARTIES 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 he developed using the standards and specifications of the N'RCS Field Office Technical Guide and 7 CFR part 12 that are in effect on (INSERT EASEMENT (OR OTHER INTERESTS IN LAND) SIGNATURE DATE). However, the PARTIES 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 fight to enter upon the Property, with advance notice to the PARTIES OF THE FIRST PART, in order to monitor compliance with the conservation plan. (3) In the event of noncompliance with the conservation plan, NRCS shall work with the PARTIES OF THE FIRST PART to explore methods of compliance and give the PARTIES OF THE FIRST PART a reasonable amount of time, not to exceed twelve months, to take corrective action. If the PARTIES OF THE FIRST PART do not comply with the conservation plan, NRCS will inform PARTY OF THE SECOND PART of the PARTIES OF THE FIRST PARTS' 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, Co) N-RCS has worked with the PARTIES OF THE FIRST PART to correct such noncompliance, and (c) PARTIES OF THE FIRST PART have exhausted its 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 PARTIES 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 PARTIES OF THE FIRST PART may be or become subject. (iv) 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 United States of America. THE following covenants shall nm 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 Agiculture and Markets. 4 TIlE PARTIES OF THE FIRST PART, their heirs, 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, covenants and agrees that he shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, l~armless 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(l) any inaccuracy or misrepresentation in any representation or warranty made by PARTr~.s 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 PARTIES OF THE FIRST PART, either prior to or subsequent to the closing of title herein; (3) any action, ~uit, 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 PARTIES OF THE FIRST PART. This covenant shall nm with the land in perpetuity. IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, 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 PARTIES OF THE FIRST PART shall also indemnify the PARTY OF THE SECOND PART and the United States of America as to the following: Violations of any laws and regulations which are now or which may in the future become applicable and including, but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.$.C. {}1251, et seq., the Comprehensive Envimmnental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenficide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300fet seq. (2)judgments, claims, demands, penalties or fees assessed against the United States; (3) costs, expenses and damages incurred by the United States of America, or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall mn with the land in perpetuity. THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the sense of this indenture so requires. 5 IN WITNESS WHEREOF, the PARTIES OF THE FIRST PART have duly executed this deed the day and year first above written. In Presence Off ~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 200_, 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 & RETURN TO: Division of Real Property Acquisition and Management H. Lee Dennison Bldg. - 2nd Fl. P.O. Box 6100 Hauppauge, New York 11788 JONATHAN WICKHAM DISCLOSURE STATEMENT WITH RESPECT TO A PROPOSED TRANSFER OF AN INTEREST IN REAL PROPERTY TO SUFFOLK COUNTY PURSUANT TO SUFFOLK COUNTY CODE {}342-6 Instructions: This affidavit 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 affidavit is to insure disclosure of any interest of any nature or form, whether oral or written, held by any individual, partnership, firm or corporation. "a" THROUGH "j" SHALL BE DEFINITIVELY ANSWERED. In all instances the required information should be furnished, and if the answer is N..._~O 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. (Exceptions: This affidavit is not required from corporations traded on recognized national/ regional stock exchanges or traded on the over-the-counter stock market, wherein said corporation's stock is publicly held. The affidavit is not required from corporations or other associations, duly licensed by the State of New York for the banking or insurance industry.) ~s to all signatories of this affidavit as specified above: a. If the owner [signatory] is an individual, state full name, street address, and date property was acquired: Name Address Date Acquired Social Security No. b. If the owner [signatory] is a partnership, state the name, street address, the nature and percentage of interest of each partner, and date the property was acquired. In the event that the partnership includes partners who are a corporation or a partnership, then such entity shall complete a full disclosure statement. Nature and Percentage of Date Name ~[~ Address Each Partner Acquired Federal I. D. No. EXHIBIT "B" c. If the owner [signatory] is a corporation, state name and street address of each officer, director and stockholder and the amount of stock held and owned by each stockholder. In the event that the corporation includes a stockholder who is a corporation or a partnership, then each such entity shall complete a full disclosure statement. -'"~ % of Title Name Address Stock Owned President Vice President Secretary Treasurer Federal I.D. No. d. If signatory is a corporation and stock has been pledged or agreement made to pledge stock, state name and street address of all persons to whom stock has been pledged or with whom any agreement has been made to pledge the stock. If none, so state: Name Address Stock Pledged; Stock to be Pledged e. State the name and address of all persons, individuals, partnerships and/or corporations who are holders of any instrument creating an encumbrance upon the property; state the nature of such encumbrance; and if the holder of such encumbrance is a corporation (see Exception) state the names of all officers, directors and stockholders of such corporation: Holder of Nature of Corporate Name instrument Encumbrance and Title 2 St'ate the interest of the signatory in the property and date so acquired: Interest of Signato _ry Date of Acquisition g. If the signatory is not the fee owner of the property, state the name and addresses of all other parties who have a superior interest, or title, in the property in question and state the nature of their interest and date so acquired. If any such party is a corporation, partnership or firm, state the names of all officers, directors, shareholders, partners or proprietors of such entity: Person Holding -~/"O Nature of Interest Title Shareholder Partner Interest (Attached hereto must be a sworn statement of all parties listed in this paragraph stating that to their knowledge the statement made herein is correct and accurate). h. State whether any person whose name is contained in paragraphs "a", "b", or "c" is an officer or employee of any unit of village, town, county, city, state or federal government, or an employee or officer of a special or school district. (Exception: Volunteer fireman or air defense volunteer). Govemmental Name ~'~ r'O Title of Employee Entity i. State whether any person, partnership, firm or corporation has any interest, as defined in the instructions, in respect to the subject property who does not fail within paragraph "g" above. If none, so state; if otherwise, set forth names, addresses and nature of interest and date so acquired. Name ~0 Address Nature of Interest .~. The name 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 lease agreement between the County of Suffolk and a property owner/landlord represented by said broker or brokers, including a complete list of the names and addresses of said broker or brokers, and a complete list of the names and addresses of individuals who are shareholders, partners or trustees holding at least a five percent interest in the corporation, partnership or association if such broker is organized as such. If the broker is a corporation, then this information shall include the names and addresses of all individuals serving on the Board of Directors and the names and addresses of all corporate officers, together with conspicuous identification of any such person in the table of organization of said corporation who is an officer or an employee of Suffolk County. k. All signatories hereby agree that in the event there is any change, in any matter set forth herein, after the execution hereof, and during the term of the contract, they shall file with the County a supplemental affidavit containing the details of such change within five (5) days of such change. Deponent makes this affidavit to induce Suffolk County to enter into an agreement to acquire the real property for County purposes, with full knowledge that the County will rely upon the statements made herein. oo~a~'Vickham 4 ,, J STATE OF~, COUNTY OF SS.: On theo~,g4~day of ~--~/{22- , in the year 2010, before me, the undersigned, personally appeared Jonathan Wicldaam, 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 instrumenh --m~.d that $,,¢h ;-divid,?_! made ~'.:ch appe~._-.ce before the undersigned in~. city or other political~m,,.,'- J'--'v=~,~-' - mid ih~ ~iai~ oi ~Ounhy ui- utn~- "- -- plaee-the~ ~Sign~ure ~d 6m=¢ oflndividual ~ T~ing Ac~owledgment ABIC-~L A. WICt<HAM JOHN L. WICKHAM DISCLOSURE STATEMENT WITH RESPECT TO A PROPOSED TRANSFER OF AN INTEREST IN REAL PROPERTY TO SUFFOLK COUNTY PURSUANT TO SUFFOLK COUNTY CODE {}342-6 Instructions: This affidavit 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 affidavit is to insure disclosure of any interest of any nature or form, whether oral or written, held by any individual, partnership, firm or corporation. "a" THROUGH "j" SHALL BE DEFINITIVELY ANSWERED. In all instances the required information should be fumished, 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. (Exceptions: This affidavit is not required from corporations traded on recognized national/ regional stock exchanges or traded on the over-the-counter stock market, wherein said corporation's stock is publicly held. The affidavit is not required from corporations or other associations, duly licensed by the State of New York for the banking or insurance industry.) As to all signatories of this affidavit as specified above: a. If the owner [signatory] is an individual, state full name, street address, and date property was acquired: Name Address Date Acquired Social Security No, b. if the owner [signatory] is a partnership, state the name, street address, the nature and percentage of interest of each partner, and date the property was acquired. In the event that the partnership includes partners who are a corporation or a partnership, then such entity shall complete a full disclosure statement. Nature and '~O of Date Percentage Name Address Each Partner Acquired Federal I. D. No. EXHIBIT "B" c. If the owner [signatory] is a corporation, state name and street address of each officer, director and stockholder and the amount of stock held and owned by each stockholder. In the event that the corporation includes a stockholder who is a corporation or a partnership, then each such entity shall complete a full disclosure statement. ~.0 % of Title Name Address Stock Owned President · Vice President Secretary Treasurer Federal I.D. No. d. If signatory is a corporation and stock has been pledged or agreement made to pledge stock, state name and street address of all persons to whom stock has been pledged or with whom any agreement has been made to pledge the stock. If none, so state: Name "~,~0 Address Stock Pled_g~d; Stock to be Pledged e. State the name and address of all persons, individuals, partnerships and/or corporations who are holders of any instrument creating an encumbrance upon the property; state the nature of such encumbrance; and if the holder of such encumbrance is a corporation (see Exception) state the names of ail officers, directors and stockholders of such corporation: Holder of Nature of Corporate Name Instrument Encumbrance and Title State the interest of the signatory in the proPerty and date so acquired: Interest of Signatory_ Date of Acquisition g. If the signatory is not the fee owner of the property, state the name and addresses of all other parties who have a superior interest, or title, in the property in question and state the nature of their interest and date so acquired. If any such party is a corporation, partnership or firm, state the names of all officers, directors, shareholders, partners or proprietors of such entity: Person Holding ~'~/~ Nature of Interest Title Shareholder Partner Interest (Attached hereto must be a swom statement of all parties listed in this paragraph stating that to their knowledge the statement made herein is correct and accurate). h. State whether any person whose name is contained in paragraphs "a", "b", or "c" is an officer or employee of any unit of village, town, county, city, state or federal government, or an employee or officer of a special or school district. (Exception: Volunteer fireman or air defense 'volunteer). Govemmental Name Title of Employee Entity i. State whether any person, partnership, firm or corporation has any interest, as defined in the instructions, in respect to the subject property who does not fall within paragraph "g" above. If none, so state; if otherwise, set forth names, addresses and nature of interest and date so acquired. Name Address Nature of Interes! j. The name of the real estate broker or brokers (co-brokers, listing or selling) who wilt earn a commission as a result of the consummation of a lease agreement between the County of Suffolk and a property owner/landlord represented by said broker or brokers, including a complete list of the names and addresses of said broker or brokers, and a complete list of the names and addresses of individuals who are shareholders, partners or trustees holding at least a five percent interest in the corporation, partnership or association if such broker is organized as such. If the broker is a corporation, then this information shall include the names and addresses of all individuals serving on the Board of Directors and the names and addresses of all corporate officers, together with conspicuous identification of any such person in the table of organization of said corporation who is an officer or an employee of Suffolk County. k. All signatories hereby agree that in the event there is any change, in any matter set forth herein, after the execution hereof, and during the term of the contract, they shall file with the County a supplemental affidavit containing the details of such change within five (5) days of such change. Deponent makes this affidavit to induce Suffolk County to enter into an agreement to acquire the real property for County purposes, with full knowledge that the County will rely upon the statements made herein. John L. Wickham STATE OF~ ) ) COUNTY OF 3'd,c'~oL/4 ) On the / ay of , in the year 2010, before me, the undersigned, personally appeared John L. Wic , 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..~_nd that :'ach :.ndi:'id',:al marc :,uch alz~zarancc ~fare t_he 8ri, , r; ;f individual  Ac~owled~ent ABIGAtL A. WICKHAM N~ Public State of New Yo~ No. 52-4~2871 Qualified in S~olR Cou~ Commission ~ptres Sept. 30, ~ ~ RESOLUTION NO. 11184980, 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 regulm' 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 COUNTY, NEW YOKK LOCAL LAW CONCERNING THE OFFERING, GIVING OP. RECEIVING OF 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 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 term "agreement" shall also include any transaction whereby a person agrees to sell goods or services or both to the County pursuant to a successful bid. Co) As used herein~ the word "gratuity" means any money, benefit, entertainment, gift, or any other consideration whatsoever. (c) AS used herein, the phrase "official of a political party" shall mean a party officer as defined by Section 1-104(5) of the Election Law. (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. (e) As used herein, the phrase "political party" shall mean a party as defined by Section 1-104(3) of the Election Law. Section 2. Prohibitions (a) It shall be a crime for any person to offer or give any gratuity to an official of any 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 ora 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 ofthis Local Law shall be a Class A Misdemeanor and shall be punishable by a sentence of not more than one (1) year in prison or a 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. Section 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 heating duly held Date of Approval: December 23, 1980. Filed with the Secretary of State, January 5, 1981 N ¥ At.iK1 aL MI~ 1 b !~ :)U 1 rug~ ~ McKtnney's Agriculture and Markets Law § 301 MckJnney's Consolidated Laws of New York Annotated Agriculture and Markets Law (Eels & Armos~ Chapter 69. Of the Consolidated Laws '~/Jg[e~;,~A. Agricultural Districts (gels & Annos) =~§ 301, Definitions When used in this articte: 1. "Agricultural assessment value" means the value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by section three hundred four-a of this article. 2. "Crops, livestock and livestock products" shall include but not be limited to 'the following: · a. Field crops, Including corn, wheat, oats, rye, barley, hay, potatoes and dry beans. b. Fruits, Including apples, peaches, grapes, cherries and berries. c. Vegetab!es, Including tomatoes, snap beans, cabbage, carrots, beets and onions. d. Horticultural speclalt!es, 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. i. Woody blomass, which means short rotation woody crops raised for bloenergy, and shall not include farm woodland. 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. 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 merchandlslng of woodland products. 4. "Land used In' agricultural production" means not less than seven acres of land used as a stngle operation In the preceding two years for the producUon 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 commercial horse boarding operation with annual gross receipts of ten thousand dollars or more. Land used in agricultural pr0ductlon 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: NY AGRI & MKI'S § 301 rage z a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment. 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 rofl,+which also contains land qualified for an agricultural assessment. d. Farm woodland which is part of land which is qualified for an agricultural assessment,·provlded, 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 [FNI_I or any subsequent federal programs established for the purposes of replenishing hlghty erodible land which has been depleted by continuous tilltng or reducing national surpluses of agricultural commodities and such land shall qualify for agricultural assessment upon application made pursuant to paraqraoh a of subdivision one of section three hundred five of this article, except that no minimum gross sales value shalt 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 agrlcuftural 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 sev~en 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 wlthln which crops, livestock or livestock products are produced, provided that such crops, livestock or livestock products have an annual gross sales value of (i) ten thousand dollars or more, if the farm operation uses seven or more acres in agricultural production, or ([i) 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, 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. 5. "011, gas or wind exploration, development or extraction actlvittes" means the Instaliatlon and use of fixtures and equipment which are necessary for the exploration, development or extraction of otl, natural gas or wind energy, including access roads, drilling apparatus, pumping facilities, pipelines, and wind turbines. 6. "Unique and Irreplaceable agricultural land" means land which Is uniquely suited for the production of high va~ue crops, Including, but not limited to fruits, vegetables and horticultural specialties. 7. ~Vtable agricultural land" means land highly sultable 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 tevels approximating those In commercial agdc.ultural areas not Influenced by the proximity of non-agricultural development. 8. ~Converslon" means an outward or affirmative act changing the use of agricultural land and shall not mean the nonuse or Idling of such fand. 9. "Gross sales value" means the proceeds from the sale of: a. Crops, livestock and livestock p'roducts 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; and 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 e of subdivision four of this sectlon. f. Or payments recelved by thoroughbred breeders pursuant to section two hundred f0rt¥-seven of the racing, .oari-mutuel wagering and breeding law. [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 ~commerclal horse boarding operation" as defined In subdivision thirteen of this section and ~tlmber processing" as defined in subdivision fourteen 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 withtn 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 vtllage taw is proposed, as provided In section three hundred flve-a of this article. 13. ~Commerctal horse boarding operation" means an agricultural enterprise, consisting of at least seven acres and boarding at least ten homes, regardless of ownership, that receives ten thousand dollars or more In gross receipts annuatly 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 m'ay qualify as a farm operation if it Is an agricultural enterprise, consistlng of at least seven acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of operation. i4. "Timber processing" means the on-farm processing of timber grown on a farm operation into woodland products, Including but not limited to logs, lumber, posts and firewood, through the use of a readily moveable, nonpermanent saw mill, provided that such farm operation consists of at least seven acres and produces for sate crops, livestock or livestock produ, cts 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. "Agricuftural tourism" means activities conducted by a farmer on-farm for the enjoyment or education of the public, which primarily promote the safe, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. CREDIT(S) (Added L. lgB7, cL 774, _6 1; amended LlgBB..' c. 159:_6-6 1: 2; L. lgB8., c. 736~. § 3; L. lgBg, c. 398:§ ~; L. 1989, c. 448: §§ 1, 2; L.1990, c.=251, §§ J., 2; L. 1990, c. 396, § 1; L. 1992, c. 27: § 1; L. 1992, c. 316, §§ 22 to 24; L1992: c. 534, _E 1; L. 1992, c. 797, § 1; L1993: c~ 440, § 21; L. 1994, c. 496, § 1; L. 1994: c. 556, §§ 1, 2; L. I995, c. 235, § l; L. 1995: c~ 495, § 1; L. 1996, c. 409, §-6 1: 2; ~ ~.~lY~~; L. 1997,_c._,35_7_~_~ 1: 2; eft. Nov. 3.~1997; L. 1999.~c. 473, §§ 1.2: eft. ~_eJ~; L.2001, c.'374, § 1, eft. Oct. 23, 2001; L.2001: C. 388, § 1, eft. Oct. 3[, 2001i L2002: c. 445: §§ I to 3, eft. ]an. 1: 2003; L.2002, c. 516, § I, eft, Sept. 17: 2002; L. 2002, c. 696, § 1, eft. ~03; L. 2003; c._~79, § 1, eft. Sept. 9: 2003; L.2003: c. 565, § [_, eft. Sept. 22, 20~; L. 2004, c. 10, §':1~ eft. Feb. 24, 2004; L2004, c. 252, § 1: eft. ]an. 1, 2005; L.2005, c. 200. -6 1, eft. [IJIY_i2.,_Z(~J~; L2005, c. 573: _El, eft. Aug. 23: 2005; L. 2005, c. 587, §§ 1: 2, eft. Aug. 23~2005; L. 2006: c. 256, _5 1, eft. ]an. 1, 2007; L. 2006, c. 600, _S~2, eft. Aug. 16, 2006.) (FN1] ~USCA § 1281 et seq. HISTORICAL AND STATUTORY NOTES 2008 Electronic Update Chapter 8, AGRICULTURAL LANDS, DEVELOPMENT.RiGHTS TO [HISTORY: Adopted by the Suffolk County Legislature 3-24-1981 by L.L No. 16-198 l; ~ amended in its entirety 9-16-2010 by L.L. No. 52-2010. Subsequent amendments noted where applicable.] NOTE: Local Law No. 12-1992 also amended other sections of this chapter a nd provided as follows: Section 1. Legislative intent. Thb legislature hereby finds and determines thai clarification is necessary regarding operation of farm stands on lands in which Suffolk County has acquired development rights, under the Farmlands Preservation Program. This Legislature further finds that with proper safeguards and limits, operation of farm stands on such properties will enhance the Farmland Preservation Program by enhancing 1he economic benefit from participation, at no cos~ to the taxpayer. This Legislature further finds and determines that such enhancement will strengthen the program by enahtiog more farmers to participote. This Legislalure further finds that inclusion of farm stands as n permitted use on such properties is consislent with the goals of the program. Now therefore, the purpose of this law L~ to clarify the policy regarding operation of farm stands on land in the Farmland Preservation Program. NOTE: Local Law No. 22-1997 also provided ns follows: Section 1. Legislative intenL This Legislature hereby determines that the County of Suffolk's Farmland Development Rights Program could be enhanced by reteipl of funds from the United States Department of Agriculture or other sources, to purchase development righls for additional acreage. Thb Legislature further finds that such funds may come with a requirement that the county take title subject to specified conditioas~ restrictions or encumbrances, such as a reverter interest held by the source of fonds. Therefore, the purpose of this local ]aw is to clarify the county's ability to purchase development rights subject to such conditions, reStrictions or encumbrances. NOTE: Local Law No. 25.1999 also provided as follows: Section 1. Legislative intent. This Legislature hereby fiuds and determines that it continues to be in the best interests of Suffolk County and its residents to acquire farmland development rights through the Suffolk County farmland preservation program. This Legislature further finds and determines that two of the definitions in our farmland preservation program incorporate by reference the definitions used in New York Sta~e Agriculture and Markets Law § 301, as they existed when Suffolk County's program was enacted. Our static definition should be amended Io accommodate the dynamic changes of that section of state law which have occurred since the inception of our program. This Legislature further finds and delermines that more farmland development rights can be obtained by leveraging the county funding therefor by inducing the financial participalion of other enlities including the federal, state and municipal levels of government along with other private enlities, not only in this program, but also in other environmental acquisition programs, such as the Suffolk County land preservation partnership program and the Article XII-A, Suffolk County Greenways County Fund Program to accomplish ibis goal. This L~gislature further finds and determines that the farmland development rights portion of all of these environmental acquisition programs, in addition to the farmland preservation program, would be enhanced if said governmental entities would be able to derive an ownership interest in the subject aeq nisition as consideration for their portion of the funding by these entities. This Legislature further finds and determines that participation by these entities would also be enhanced if said municipa] governmental entities were authorized to manage these acquisitions, if eot COhO'sty to law, through municipal cooperatiou agreements with Suffolk County. This Legislature further finds and determines that the best way to accomplish these ends is to amend the Suffolk County Admiuistrafive Local Law Chapter 8, Development Rights to Agricultural Lauds, §§ 8-2 and 8-3. Therefore, the purpose of Ibis local law is to authorize the incurporaUon by reference of New York Slate Law § 301, as it may be amended, from time to tlmel to provide the ability for Suffolk County toshare title tn the acquisition of farmland development rights acquired through the farmland preservation program in addition to the other Suffolk County environmental acquisition programs which require the financial pa rticipatioo of other entities in addition to SulIolk County, as consideration therefor; and to allow municipal cooperation agreements between Suffolk County and other participating municipalities to manage these acquisitions where the same is not contrary to law or policy. NOTE: Local Law No. 52.2010 also provitled as follows: Section 1. Legislative Intent. This Legislature hereby finds that the County of Suffolk ("County") has had a long history of agricultural production, dating back to the 17th Century. This Legislature further finds that the County is number one out of 62 counties in the State of New York in terms o f value of agricutlorat products sold according to the 2007 Census of Ag ricultu re. This Legislalure further finds and determines that the agricultural industry is an essential component of the Counly's current economy. Ii This Legislature further finds that the County has more than 34,000 acres of land in active commercial agricultural production according to the ~007 Census of Agriculture. This Legislature further finds and determines that the County has had a long, successful history of farmland preservation evidenced by the more than 9,000 acres of viable farmland perrnnnently protected since 1974 through this nation's first purchase of development rights program. This Legislature further finds and determines that it continues to be in the best interests of the County and its residents to preserve farmlands pursuant to the Suffolk County Purchase of Development Rights Program ("program"). This Legislature further finds that ihe County's residenls demonstrated their support for farmland preservation pursuant to this program by extending the Suffolk County Drinking Water Protection Program in 20~)7 through 2030. This Legislature further finds and c~etermines that the agricullural industry on Long Island has evolved since the inception of this program and that it is necessary lo clarify the programts purpose and the policies and procedures the County will employ to administer and enforce it. Tberefore, the purpose of this local law is to amend Suffolk County Administrative Local Law Chapter 8, "Development Rights lo Agricultural Lands," to ensure the County's ability to conserve hud protect viable farmlands and active agricultural operations that will serve current and future generalions of County residents. Section 3. Applicability. This chapter shall be applicable to nil agricultural lauds to which the County has acquired interests or rights, in whole orln part, under the Purchase of Development Rights Program. This chapter shall not apply to nonagricultural lands acquired as open spaces or open areas for Ihe purpoae of preserving active parkland, passive parkland, woodlaods and/or wetlands and shall not apply to farmlands to which the County does not own any interest or fight. GENERAL REFERENCES Agricultural operations -- See Ch. 206. § 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 or demolish a proposed or existing · structure, to operate an alternative energy system and/or to operate a farm stand on agricultural land. Only improvements necessary for agricultural production, as determined by the Committee, shall be permitted on agricultural land. AGRICULTURAL EDUCATION -- Instruction about agricultural production, agricultural product management, soil and water conservation, best management practices and other agricultural matters, as deemed appropriate by the Committee. 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 land owner. AGRICULTURAL LAND OWNER -- 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 production shall not include the processing of agricultural products. 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. 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 70 inches in width or 1,000 pounds of dry weight, as defined in the New York State Vehicle and Traffic Law, as may be amended. Alt-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 to reduce on-site nonrenewable energy consumption. BUILDING -- Any building, as defined in § 372 of the New York State Executive Law, as may be amended, such as barns, farm stands and greenhouses. COMMERCIAL HORSE BOARDING OPERATION -- A commercial horse boarding operation 3 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. DEPARTMENT -- The Suffolk County Planning Department, 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 or an enterprise that combines a single commercial agricultural operation with a single commercial horse boarding 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 agricultural products grown off the premises and processed agricultural products derived from agricultural products grown off the premises subject to the limitations specified herein. Only agricultural products and processed agricultural products shall be offered for sale at a farm stand. 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 may be included in the gross sales value. 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. 1NTEREST 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. 4 LOT COVERAGE -- The total floor area used for buildings divided into the total tot 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 o- Any individual, partnership, finn, association, trust, company, joint venture or corporation. PREMISES -- All parcels that constitute the farm operation. PROCESSING--The conversion of crops, livestock and other goods 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. PURCHASE OF DEVELOPMENT RIGHTS PROGRAM SIGN -- A sign provided by the Department, which may be posted on agricultural land, for the purpose of educating the public about and promoting participation in the Purchase of Development Rights Program. 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, 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 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 6 of the New York Codes, Rules and Regulations, Part 360, 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 or activity conducted on agricultural land, with or without an admission fee, and held on a one-time or intermittent basis that does not constitute agricultural production, as determined by the Committee. Only special events consisting of agricultural education, 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, access roadways, alternative energy systems, berms, buildings, driveways, fences, greenhouses, irrigation pumps, landscape screens, parking areas, signs, utilities and walkways. 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 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. 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 govemment. 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 6 serve at the pleasure of the Suffolk County Executive and I 0 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 be subject to the financial disclosure requirements specified in Chapter 61 of the Suffolk County Administrative Local Laws, as may be amended. D. Composition. (1) The Suffolk County Executive shall appoint nine members as follows: the Suffolk County Economic Development and Workforce Housing Department Commissioner, or his/her designee; the Suffolk County Environment and Energy Department Commissioner, or his/her designee; the Suffolk County Health Services Department Commissioner, or his/her designee; the Suffolk County Planning Department Director, or his/her designee; and five members at large subject to the criteria set forth in § 8-4E(3) of this chapter. (2) The 10 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 § 8-4E of this chapter. (3) The Director of the Suffolk County Planning Department, or his/her designee, shall serve as Chairman of the Committee commencing on January 1, 2012, and continuing thereafter. (4) The Committee may appoint three 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 Natural Resources Conservation Service, Comell Cooperative Extension and a farm advocacy group. E. Eligibility. (1) The four Suffolk County Executive appointees from County departments, as specified in § 8-4D(1) 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 five at-large members appointed by the Suffolk County Executive shall meet the following criteria: (a) At least three members shall be individuals with a background or expertise in agriculture; and (b) Two members may be appointed from the public at large. (4) 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. (5) 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 their term. (6) 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. F. Terms. (1) An existing Committee member, as of January 1, 2010, shall continue to serve until such time the individual voluntarily vacates the position or until such time 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(1) 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 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 be acquired; 2) To review requests to subdivide the residual right(s) 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 roles 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) To provide guidance and recommendations on matters relevant to development 8 rights, farmland conservation and the agricultural economy; (6) 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; (7) To establish and adopt written guidelines and property rating systems; (8) To cooperate with, at the discretion of the Committee, any governmental agents and/or any experts to further the purposes of this chapter; and (9) To perform other duties at the request of the Suffolk County Legislature, the Suffolk County Executive and/or the Department. 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. Development rights; acquisition. A. Annual review. Commencing in 2011, an annual 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. l) 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 Suffolk 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 Department during the month of September. (2) (3) (c) Each complete application received by the Department during September shall be considered by the Committee at the first Committee meeting of the subsequent year. (d) Applications may be considered by the Committee outside of the annual 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-for-profit conservation organization may be considered outside of the annual review period, providing that the proposed preservation is consistent with the applicable County, town and/or village comprehensive plans and/or agricultural and farmland protection plans. Review of pending parcels. (a) Pending parcels shall include those parcels that have been approved by the Suffolk County Legislature for planning steps under the Purchase of Development Rights Program, excluding those parcels whose approval by the Suffolk County Legislature for planning steps under the Purchase of Development Rights Program has expired, those that are in negotiation, those that are in contract and those from which development rights have been acquired. (b) The Committee shall consider all pending parcels at the first Committee meeting of the year. Preservation priority list. (a) Each year the Committee shall establish a preservation priority list that prioritizes all of the new and pending parcels the Committee recommends for inclusion in the Purchase of Development Rights Program. (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 preservation priority list shall be recommended to the Suffolk County Executive and Suffolk County Legislature not later than the 15th day of February of each year. (d) Upon adoption of the preservation priority list by the Suffolk County Legislature, the Real Property Acquisition and Management Division of the Suffolk County Environment and Energy Department shall conduct its outreach and negotiations in accordance with the established list, which shall replace all existing farmland preservation priority lists. (e) The Committee may recommend to the Suffolk County Executive and Suffolk County Legislature amendments to the adopted preservation priority list not more than two times per year. 10 (f) In the event that the preservation priority list is not adopted, the preservation priority list from the prior year shall remain in effect until such time as a new list is adopted. 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 or in support of a commercial horse boarding operation and shall meet the following criteria: (a) Commercial agricultural operation. [1] All development rights to the subject land shall be intact. [2] 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 $10,000 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 $50,000. (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 $10,000. (3) The Committee shall demonstrate a preference for farm operations that promote agricultural production while protecting groundwater, soils and viewsheds. The Committee shall limit its recommendations for acquisition of farm operations that undermine the long- term viability of such natural resources as the Nassau-Suffolk sole source aquifer, prime farmland, farmland of statewide importance, unique farmland, etc. 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. 11 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 ora governmental entity or other private source, the title may be held by: (1) The County; (2) The County, govemmental 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 alt 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 local law 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-for-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 Planning Department Director. § 8-6. Development rights; alienation. A. Unless authorized by local law recommended by the Committee and approved upon mandatory referendum, development fights 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: (2) (3) (4) The continuing practicality of the use of the residual right(s) to the land(s); The development rights which have been acquired by the County; Such factors as the uses to which adjacent lands have been put; and The necessity for the use of the land(s) for another governmental purpose. § 8-7. Notification requirements. A. Change of address. Thc agricultural land owner shall notify the Department if the land is 12 to be leased to another party and provide the agricultural land lessee's name and address. The agricultural land owner and agricultural land lessee shall notify the Department of any change of address for receipt of mail or service of process in writing within 30 days of a change of address. B. Change in ownership. The agricultural land owner, seller shall notify the Department 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. 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; (b) To install a structure; (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; (f) To remove and/or demolish an existing structure; (g) To operate an alternative energy system; and/or (h) To operate a farm stand. (2) Special use permit. A special use permit shall be necessary for the 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. Such permit shall be. necessary to conduct a special event where proposed on agricultural 1] land. 13 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. Permit requirements and limitations. (1) An agricultural development permit shall be obtained by the agricultural land owner or agricultural land lessee 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 in § 8-14 of this chapter. (2) A special use permit shall be obtained by the agricultural land owner or agricultural land lessee prior to commencement of site disturbance activities. Failure to comply with the permit requirements specified herein shall be subject to the provisions in § 8-14 of this chapter. (3) A special use permit shall be obtained by the agricultural land owner or agricultural land lessee 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 in § 8-14 of this chapter. (4) An agricultural development permit does not relieve the agricultural land owner 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 land owner 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. Permit requirement exception. The agricultural land owner 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 Department two weeks before the Committee meeting at which the application will be heard, unless a later filing is approved by the Department. 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 14 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 land owner and, if the agricultural land owner is not the applicant, the application shall include a letter or other written permission signed by the agricultural land owner: [1 ] Confirming that the agricultural land owner 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 Department and/or Committee that may be necessary to review the proposal. (2) Applications for permits or permit modifications may be referred to another agency such as the Natural Resources Conservation Service for expert advice. (3) The Committee may approve, approve with conditions, deny or deem incomplete an application. (4) Only complete applications, as determined by the Committee, may be approved. (5) The agricultural land owner shall record the agricultural development pertnit 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 provisions in § 8-14 of this chapter. (6) The agricultural land owner shall submit the "as-built" plans associated with an agricultural development permit and/or special use permit, where required by the Committee, to the' Department within one year of permit issuance. The agricultural land owner 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 provisions in § 8-14 of this chapter. Permit issuance criteria. Permit issuance shall be subject to the following conditions: (1) The agricultural land owner and the agricultural land lessee, if applicable, shall be otherwise in compliance with this chapter; 15 (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; (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; (I 0) 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, alt other negative impacts; and (12) The proposed action shall be consistent with expert recommendations, where sought by the Committee. Permit fees. (1) Application fee. A n0nrefundable fee in the amount orS100 shall be submitted with each application for a permit. (2) The application fee shall be waived if the application is exclusively for: (a) Permission to install a Purchase of Development Rights Program sign; (b) Permission to install a landscape screen; (c) Permission to install, relocate, modify or extend a fence structure; or (d) Permission to remove or demolish an existing structure, in whole or in part. (3) Public hearing fee. A fee in the amount of $500 shall be submiued with each application for which a public heating 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. 16 § 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 land owner's execution of a restrictive covenant, or other instrumem acceptable to the Department. 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 60 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 provisions in § 8-14 of this chapter. C. Continuing obligations. The agricultural land owner 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 alt 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 § 8-14 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 § 8-8D. F. Expiration. Alt 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 land owner or the Committee has granted the agricultural land owner an extension. Any request for an extension shall be made in writing to the Committee by the agricultural land owner. Only one extension may be granted by the Committee per permit application. 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. Structures; lot coverage. A. Maximum lot coverage. The lot coverage of agricultural lands shall not exceed the following: 17 Parcel Area acres) Maximum Lot Coverage 0 to 25 15% 25 to 50 12.5% More than 50 10% B. Further limitations. The maximum lot coverage set forth in § 8-10A does not create a right to construct buildings up to the limits imposed. All proposed development must be for the express purpose of supporting agricultural production, 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 § 8-10A of this chapter. In no case shall the lot coverage exceed 25%. 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 500 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 10 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 10 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: 18 (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 be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such approval may have on the neighborhood or community. § 8-11. Structures; farm stands. A. Purpose. Farm stands provide farmers with direct outlets to market the agricultural products produced on agricultural lands. B. Permits. The construction, placement, relocation, modification, expansion, demolition and/or operation of a farm stand 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 subject to the following conditions: (1) Only agricultural products and processed agricultural products shall be offered for sale at the farm stand. (2) In addition to 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 goods that are grown off the premises, provided they are locally grown agricultural products or processed agricultural products derived from locally grown agricultural products and are offered for sale in an amount that shall not 19 exceed 40% of the total square footage of the farm stand structure. (3) The farm stand structure shall not exceed 500 square feet and shall be subject to the agricultural development permit specified in this chapter. (4) feet. The total display area outside the farm stand structure shall not exceed 1,000 square (5) The farm stand structure shall be semi-permanent and shall be designed for use in growing seasons only. The installation and maintenance of permanent heating equipment within the farm stand structure shall be prohibited. (6) The farm stand shall be constructed and operated in compliance with all applicable federal, state and local legal requirements, including, but not limited to, zoning restrictions. (7) Gravel or dirt parking areas for the farm stand may be permitted as necessary, subject to the agricultural development permit requirement specified in this chapter. C. Conditions. The Committee may impose such additional conditions it deems necessary to carry out the purposes of this chapter. § 8-12. Structures; 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, retoc ~ation, 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 110% of the farm operation's average annual consumption, where annual consumption is the total mount 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 other nonagricultural land use nor shall it be consumed by any activity prohibited on agricultural lands, including, but not limited to, processing, 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 equal to the standard set forth in § 8-12B(I) of this chapter. In the event that the farm operation changes and the average annual electricity consumption is reduced, the agricultural land owner shall be required to disconnect from the utility provider's grid unless the alternative energy 20 system is modified such that the new rated capacity of the alternative energy system is consistent with the standard set forth in § 8-12B(1) of this chapter. D. Conditions. The Committee may impose such additional conditions it deems necessary to carry out the purposes of this chapter. § 8-13. Prohibitions. A. Nonagricultural use. No person shall use agricultural lands for any purpose other than agricultural production, except as provided in this chapter. B. Mining. Resource extraction shall be prohibited on all agricultural lands. C. Dumping. There shall be no dumping on agricultural lands. D. Processing. Processing, including the processing of agricultural products, shall be prohibited on agricultural lands. E. Solid waste. No solid waste shall be burned or stored on agricultural lands. F. Hazardous waste. No hazardous waste shall be stored on agricultural lands. G. Aviation. No aircrafts, 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. Alternative energy systems. No person shall operate an altemative energy system without an agricultural development permit. L. 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. M. Parking areas. Asphalt, concrete and all other impermeable parking areas shall be prohibited on agricultural lands. N. Landscape screens. No landscape screen shall be permitted around fallow agricultural land, except those agricultural lands kept fallow customary to standard agricultural practices. 21 O. 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. P. Special events. No person shall conduct a special event on agricultural land without a special use permit. Q. 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. R. Any nonagricultural activity not explicitly permitted by this chapter shall be prohibited. § 8-14. 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 Department shall cause an investigation to be conducted. If the Department 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 Department may issue a cease and desist order. The cease and desist order shall be served in person or by certified mail to the agricultural land owner at the address on file with the Department and, where applicable, the agricultural land lessee. The cease and desist order may direct restoration of the property, removal df 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 Department finds necessary to protect the County's interest in the agricultural land. 2) A cease and desist order may be lifted by the Department 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 land owner, 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 under state 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. 22 D. Restoration. (1) The court may compel the agricultural land owner and/or agricultural land lessee to restore agricultural land to a condition suitable for agricultural production where a site disturbance has occurred in violation of this chapter. (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. (1) The court may compel the agricultural land owner 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 and/or farm stand 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 pumhase the development right(s) to a similar agricultural property, as determined by the County. G. Civil penalties. (1) A violation of § 8-13 shall be punishable by a civil penalty of up to $5,000 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 $10,000 per day, with each day constituting a separate violation. The viability of the agricultural resource may be determined by any reasonable means, including, but not limited to, testimony from any person with demonstrated agricultural expertise. H. Costs and disbursements. The court may award costs of investigating and enforcing this chapter. I. Attorneys' fees. The court may award attorneys' fees. J. No waiver. Failure to take an action to enforce the provisions of the contract of sale, the deed of development rights, this chapter and/or any rules or regulations promulgated thereunder shall neither constitute a waiver nor constitute an agreement to allow the prohibited activity nor constitute permission to engage in the activity without first obtaining applicable permits. K. Other remedies. The County reserves the right to pursue any and all legal and equitable remedies herein mentioned or otherwise available at law, including administrative, civil and criminal actions to enforce the provisions of this chapter and to satisfy the intent and spirit of the Purchase of Development Rights Program. 23 L. Cost no defense. Cost shall not be a defense to the imposition of remedies. § 8-15. Provisions to control over other legislation. Notwithstanding the provisions of any special law, Charter law, local law or resolution which may be inconsistent herewith, in whole or in part, this chapter shall in all respects control in the matter of the acquisition or alienation of development rights in agricultural lands. § 8-16. Severability. Should any provision of this chapter be adjudged invalid by a court of competent jurisdiction, such adjudication shall not affect the validity of any other provision of this chapter. 24 PAMELA J. GREENE DIVIBION DIRECTOR COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT 0F ENVIRONMENT AND ENERGY DIVJ$ilON OF REAL PROPERTY ACQUISITION AND MANAGEMENT CARRIE MEEK GALLAGHER COMMISSIONER Jonathan and John L. Wickham P.O. Box 928 Cutchogue, New York 11935 Apd120, 2010 Re: Site: Wickham Family Farm Owner: Jonathan Wickham and John L. Wickham Tax Map Number: 1000-103.00-1!.00-022.000 SUFFOLK COUNTY NEW ~% BONDED DRINKING WATER PROTECTION PROGRAM-FARMLAND PRESERVATION PROGRAM Gentlemen: Based on the appraisal report submitted by Larry Indimine at your request, the County of Suffolk is inclined to revise its valuation of your property based on this additional data. The County of Suffolk is therefore pleased to communicate to you, a revised offer to purchase the development rights to the property listed above. This offer is being made purseant to authorization by County Resolution No. 405-2001 and is subject.to final County Legislative approval and the availability Of funds from alt appropriate funding sources. The County of.Suffolk, hereby offers you the sum of $486,000.00 in fult payment for the above referenced property as follows: PER ACRE VALUE TOTAL/ACRES $81,000.00 6 +/- FULL FEE VALUE $486,000.00 Please indicate your acceptance or refusal of this offer by completing the bottom portion of this letter and returning it to me at the address noted below. If this offer is acceptable, we will prepare the' contract and mail it to you as soon as possible. Please note that this offer Will remain in effect for 90 days. If either or both of 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-(hon-cash charitable contribution) you must be willing 'to accept a purchase pdce 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 LOCATION MAILING AOOREIBI~I (B31) H. LEE DENNIBON BLDG. - 2NI~ I~.OOR · P,O. BOX 61OO' ~ FAX (6-31) 8B3-$1~Oli 100 VETERANB MEMORIAL HIGHWAY HAUPPAUGE, NY I I?EI1~-0099 FAX ((;31) es3-5oos 1% and 5% of the purchase pdce. Please keep in mind that this is art important legal and tax issue that should be discussed with your attorney, and/or accountant before electing this option. if you have any questions concerning this offer, please contact the agent handling this project, Bob Zaher, at (631) 853-5927. Acquisition Unit Supervisor CC: Karen Slater, Supervisor, Accouriting Unit Peggy DeKams, Acquisition Unit Owner: Jonathan Wickham and John L. Wickharn Tax Map Number: 1000-I03.00-11.00-022.00 [] I accept the County's offer. ;3 I do not accept the County's offer.' Interested in Bargain Sale Yes O No Amount of Charitable Donation Contact Person: Name Telephone # Attorney: Name Telephone # DESCRIPTION OF PROPERTY All that certain plot, piece or parcel of land hereinafter described as follows: farmland identified as Suffolk County Tax Map No. SCTM No. 1000-103.00-11.00-022.000, being 6.0 ± acres, situate in the Town of Southold, County of Suffolk, and as is shown on the tax map attached hereto as Exhibit "H". The description in this Exhibit is for the purpose of the contract only, and a final description for conveyance purposes shall be a more particular description to be determined by means of the surveys required under the contract aforesaid to which this Exhibit is hereby appended. EXHIBIT "G" ? / / ? The Director of th_e_Dtvision of Real F;ro=edv A;~]ulsitton and Manaqemeot*In the Dspartm_en~ shall fake such measures as shall be necessary and a=croDdate to ensure_that the scquisitioll of all parcels or Interests in reel estate authorized under any C~univ land acquisition .crc.qram she. II taka olace within two years after the effective dat_e of the CounN. resolutlon__a__uthorizlna the a~ulsition o[such =arcels or any Interest.the.rein, If the ~ransfer of title to such =arcels or interests_ In real estate ~h,al/,not take olace within two. y_ears after the effective dale oft, he County resolution authodzi~.o such ac=uisitlon,__then the Director of the Division of ~eal ProoerN Acquisition .and Manaoement in the Del~artment shal!_.orovtde a written ,.mpor~ t= the County Le=lslatum and_a_or~ear before the Ways and Means Commi~tee and lhe~arks and Cultural Affairs Commftte__e of the County l.e_~l$lature, Or any' successor committees thereto, .in.. order to._continue the acqu_lsitlorl process. .. , .." · Citation/Title . AGRI & MKTS § 305, Agricultural dlstrtcts; effects '64!)7 McKlnney's Agriculture nnd Markets Law {} 305 ,MCKINNEY,$ CONSOLiDATED LAWS OFNEW YORK ANNOTATED. CHAPTER g9 O1;' THE CONSOLIDATED LAWS · " AR~'ICLE 25AA-AHP,~¢ULTURAi, DLSTP,~CT$ · ~Page ! ~ 305. Agrlcul~ra! distrk~; effec~ ' d/s~ct shall ~ eli~le for ~ a~cul~l ~sessmcnt p~u~t ~ ~is section. If ~ a~lic~t ~n~ l~d' ~om ~o~er for use ~ con]~c~on ~ ~e applicanfs l~d for ~e produo~on for sale of crops, livestock or live~k produc~, ~e ~oss sales Value of such produc~ produced on such ren~d ~d shall be added · e ~oss sales value of such produc~ produced on ~e l~d of ~e applicant for p~os~ of eligibili~ for an a~cul~l ~sessment on ~e land of~e applic~L Such a~essm~t shall be upon ~ ~I appli~gon by ~e o~ of ~ch I~d on a fo~ presm~d by ~e sate bo~d of ~al prope~ s~cts. ~e applic~t-shll ~mish to ~e ~se~or ~ch ~omfion ~ ~e s~te prope~ se~ioes s~ll ~qu~, ~clud~g classific~fion'~fo~ation p~ared for ~e applicant's land or wa~ ~dies ~ed in a~cul~l p~ducfion by ~e soil and water toleration dis~ct Office ~thin ~e co~, and ~fo~a~on demons~gnt the eligibili~ for a~cul~l assessment of any l~d ~ed ~ c0nj~c~on ~ rented land ~ ~eci~t ~ pan~ph b of ~bdivision four ofsecgon ~ee hunted one of ~s article. Such applica~on s~li ~ filed wi~ ~e assessor of ~e ass~g unit on ~ before ~e approp~e decreed ~ secSon one hm~ed ~o of ~e ~al p~pe~ ~ law, ~e applica~on ~y be filed ~' assessor no lat~ ~ ~e ~e~ day prior to ~e da~ by w~ch te ten,five assessor roll be filed by law. · If~e use~or ~ satisfied ~at ~e applic~t ~ mSd~ ~ ~ a~ul~ ~senm~k ~sessor s~ll appwve te a~licagon ~d te land shah be ~ed p~t ~ ~s secto~ Not lc= ten ~ys pdot to ~e ~ for ~i compla~ ~ relagon to M~mm~, ~e ~sessot s~ll ~l ~ e~h applicanL who has hcl~ed ~ ~e applica~on at le~ one self-~e~ pre-paid ~velope, · e appro~l or d~ial of~e a~licafion. Such noSce s~I ~ on a fo~ p~ed by ~e s~te bovd offal Pm~ se~ees w~ch ~hH ~dicate ~e ~er h w~ch ~e tot~ ~se=ed value is apPo~oned ~ong ~e ~ous porous of ~e pwpc~ subject to a~cul~l asse=m~t ~d ~ose o~er po~o~ of ~e pwpe~ '.~ot eligible for a~l~l asse=ment as de~ed for te ten~Sve assessm~t ~11 and' ~e htest ~sessm~t ~11. Fail~ m mail ~y ~ch noice or til~'of~c o~ W ~ceive ~e s~e s~ll not p~t · e le~, colltcgon ~d e~o~emcm of~e pa~t of~ ~ on such ~ p~pe~. · ~98 b. ~t ~don of ~ val~e of land uglSed for a~culmnl producgon ~ an a~c~l~l diseict which ~pres~ m ex,ss above ~e a~c~l assessment ~ det~ed ~ accord~ce wi~ subdMsion shall not be s~ject to ual prop~ ~o~ Such excess amour if any sMll be ente~d on ~sessm~t roll ~ ~e ~= p~scn~ed by ~e s~ bo~ offal pmp~ s~ices.. .: ~ee hun~d fo~-a of ~a ~ele ~ dete~inini ~e amour of ~e ~ses~ent of lan~ elig~le for ' a~cul~l ~sessmen~ ~ multiply~g ~ose values by ~e n~b~ ofac~s of land uglized for a~cul~l production and adj~g such ~sult by application of ~e latest state equal~5on nrc or a eq~Ii~tion rate ~ my ~ esablished ~d ce~fi~ by ~e s~te ~ard of real prope~ se~ces for Cop~t (c) w~t Oroup 2~I No cla~ m odg~g U.S. ~. w0r~ ~GR! & ~IC1'$ J 305. Agricultural districts; effects P rpose of Computing the agricultural assessment pursuant to this Parasraph, This resulting amotmt shall be the-agricultural ' assessment [or such lands. (tO WTlcre 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 ot' one hundred shall be established and certified by the state board for the purpose of this section. ' (iiO' Where a Special equalization rate has been established and Certified bi' the state board for the purposes of this on the paragraph, the assessor is directed and authorized to recompute the a~'icultunl assessment assessment roll by apply/nil such special cqualL~.ation rate instead oi' the latest state equalization rate, and to make the appropriate corrections on the assessment roll, subject to the provisionS of title two article twelve of the real property tax law. d. (i) Ii'land within an agricultural district which received an asr/cultural assessment is converted parcels, as described on the assessment roll which/nclude land so converted shall be subject to payments equalling five gilles the taxes saved in the last year in which the land benefited from an agricultural asscssrrtent, Plus interest of six percent per year compounded annually for each year in which an asricultwa! assessment was granted, not exceeding fi~'e years. The amount of taxes saved for the last year in which the land benefited from an agricultural assessment shall be dot ' am..ountofassessed valuati _ ..e?me~ by applying the a licab - roll which indi,,-, ...... ,_ _on of such l.nn_d o~,cr ]ts agricultural assess--,,, P--P--, ~!e---tax m-rcs. tO. th, excess .... -, ,u~ri an excess. If only a nortion of ...... , ~'_'E' ~ ~..~ i.~r~l o.n t2e mst assessment convened, the. assessor shall apportion the assessment and a;'icultural assessment attributable to the · r - F~,;¢t as cescnt~eo on the assessment roll is converted portion, as ~leterrnined for the last assessment roll for which the assessment of such portion exceeded .[~. asr/cultural assessment The difference between the apportioned assessment and the apportioned agricultural assessment si'mil be the amount upon Pa~'lents shall be added by or on behalf of each taxing jurisdiction which payments shall be determined. to the taxes levied on the assessment roll prepared on the basis of the f~t taxable status date on v/hich the assessor considers the'land to have been . converted; provide~, however, that no payments shall be imposed if the last assessment roll upon which the property benefited f~m 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.. *~4P9 (ii) V,"henever a conversion occurs, the owner slull notify the assessor wi~in ninety days of the date such conversion is commenced. If the landowner fails to make such notification within the ninety day perioi], the assessing unit, by majority vote of the govemln$ body, may impose a penalty on behalf of the assessing unit of up to two times the total payments owed, but not to exceed a maximum total penalty . hundred dollars in addition to any payments owed... . (tll.)(a) AJI asses.s..or who determines that.there is liability for payrnen{s and any penalties assessed pursuant to'subparagraph (it) of this paragraph shall notify the landowner by mail of such liability at ]cast ten days prior to the date for hearing complaints in relation to assessments. Such notice shall indicate the property to .which payments 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 shah b; 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 or gas exploration, development, or extraction activity or by virtue of a taking by eminent domain or other invohmtary proceedinlI other than a tax sale, the land or portion so converted shall not be subject to payments. If the land so converted constitutes only a portion of a parcel described on the assessment roil, the assessor shall apportion the assessment, and adjust the airicultural assessment .. .Copyrilht (c) West Group 2001 No claim io orlsinal U.S. Govt. works " A~3RL &. MKT$ § 305, Agricultural districts; effects Pag~ 3 attr~utablc to thc portion of thc'parcel not subject to such conv ion by subtracting the proportionate part ' of the agricultural assessment attn~outablc to the portion so conv~ed. Provided further that land within an agricultural district and elig~le for an agricultural assessment shall not be considered to have been. convened to a use other than for agricultural production solely due to the conveyance of oil and'gas rights associa'~ed with that land. (v) 'An aksessor 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 state board of real property services on a form prcscn'bed by'the state board. (vi) The assessing unit, by majority vote o[ the g0veming body, may impose a minimum payment amount, not to exceed one hundred dollars, (rio The purchase of land in fee by th~ city of New York for watershed protection purposes or the conveyance of a conservation casement by the city of New York to the department of environmental conservation which prohibits 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 dislrict 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 thc 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 hunitred seventy.one, t~king into consideratiot{ 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 t'o-ihe state board of real properly services on a form approved by such board and containing such information as the board shall require. Upon approval of the application by such board, such assistance shah 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 sIull be'reduced by one-half the amount of any payments levied undei' subparagraph (i) of paragraph d of this subdivision, for land in any district created under section three hundred four of this article, unless one-Mil the amount of such payments has already been used to reduce a previous assistance payment under this paragraph. '6500 f. Notwithstanding any' inconsistent general, special or local law to the contrary, if s natural .disaster, act of God, or continued adverse weather conditions shall des~oy the agricultural production and such fact is certified by thc cooperative exlension 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 state board of real property services that the.agricultural production initiated on such land would have produced an average gross sales value of ten thousand dollars or more but for the natural disaster, act of God or continued adverse weather conditions. [2. Repealed by L.1997, c. 357, § 3. Policy of state agencies. It shall be the policy of all state agencies to encourage Se 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, including provisions applicable only to obtaining federal grants, loans, or other funding. 4. Limitation on the exercise of eminent domain and other public acquisitions, and on the advance of Copyright (¢) West Oro~p 2001 No claim to original U.S. Govt, works ~GRI. & MKT$ § 305, Agricultural dlsm'.'cts; effects Page 4 public t'unds, a, Any agency of. the state, any public benefit corporation or nny local· government which intends· to acquire land or any interest therein, provided that the acquisition from any one actively operated f'arm within thc 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 n grant, loan, interest subsidy or other funds within a district to coaster, 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 rnaximur~ extent practicable, minimize or avoid eclverse irnpncta on a~riculturc in order to sustain n viable f.arm enterprise or enterprises within thc district. The adverse agricultural irnpacts to be rainirnized or avoided shall inclt~de, irnpac~s r~venled in the notice or intent process alsace'bed in Es subdivision. b. As e~ly, as poss~le in the development Of' a proposal of en notion described in paragraph e of' this s-bdivislon, 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' thc environmental censervaticn law, the agency, corporation or government proposing an action described in paragraph a of' this subdivision shall i~le a preliminary notice of' its intent with the commissioner and thc county agricultural and farmland protection board in such manner end i'orrn as the commissioner may require. Such preliminary notice shall inclucle the following: '6501 (0 a brlef descrlption of the proposed action and its agriculmral seil~ng; (ii) a summary of'any anticipated adverse impacts on farm operations and agricultural resources wiihin the idistrict; and ' . (/ii) such other infor~atlon aa thc commissioner ma}' require. c. The agency, corporation or go~cmment proposing the action shall also, at least' sixty-live days prior to such acquisition, construction or advance of public funds, file.a final notice of'intent wi~h thc commissioner and the county agricultural and farmland protection board. Such f'mal notice shall include a detailed agricultural impact statement setting forth the following: (i) a detailed description of tie proposed action and its agricultural setting; (iO t~e agricul!ural impact of the proposed action including shoe-term and'long.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 irrevers~le and irretrievable commitment~ of agricultural resources which would be involv~'d in the proposed action should it be implem~ted; · ! (vi) mitigation' measures proposed to minimize the adverse impact of the proposed action On the continuing viability cfa farm earn'prise or enterprises within the district; ' " (vii) any aspects of the propoied acgon which would encourage non=farrndevelopment, where applicable and appropriate; and (viii). such other information as thc commissioner may require. The commissioner s~ll promptly determine whether the final notice is complete .or incomplete. If the Copyright (c) West Group 2001.No claim to original U.S, Govt. works AGR~ & Mk"T$ ~ 305, Agrkullural districts; commissioner docs not issue such deracination w~n ~ days, the final not,ce shall be deemed Complete. ~ ~e ~na]' notice is dtte~ined to be incomplete, the commissioner sha~l ao~ ~e pa~ proposing ~e action ~n ~ting of~e reasons for that de:e~inatfon. ~y new submission a new period for depart: review for pu~oses of dete~ining Compleleness. CO~ence ~. ~ ~e prov[s~o~ ofpa~p~ b and e ' . ·. ' ~e O~er of ~e [en~ to be ' . of ~s subdivision sBall ' /~e co~.: .... acqmred where such o~e- -: .... not apply and shall be deemed ~,..~ ~. ~.~-~. .. *,a~z.a a aocument to such effect *-~ ..... J e. Upon no~ce ~om ~e co~ission~ ~at he or she bas accepted a final notce as complete, ~e coun~ a~cul~] ~d f~]~d P~ection bo~d may, ~in {h~ days. renew ~e proposed action and its effec~ on f~ opec'om and a~cul~] ~sources ~in ~e dls~ck and ~o~ i~ findings and rccOmmenda5ons to ~e commissioner ~d by a s~te a enc . to ~e pa~ proposing ~e acton in ~e case of neSts proposed . g y or publ~ b~efit co,option, and additi'onally to ~e co~ ~egisla~e in the case of aC~ons proposed by local ~e~t agencies. · · e6502 ~ Upon receipt ~d acccp~nce ora Fma~ no~ce, ~e co~. ' of such no,ce to the co~ss~onet of e-..: ....... ss~oner shall th~eueo .....~ - _ ~e co~ssioner, ~ co~uI~fion w~ ~e commissioner of ~onm~l conse~on and ~e ad,ow .... ..uz~ ~u me a~v~so~ council on a~cul~ co~c~l on a~cul~e, wi~ fo,.five da~ of ~e acc~tance of a final noHce, shall review ~e ac~on and make an m~t~al dcte~zna~on whether such action would have an unre~onably adv~ proposed the con~uJn8 v~ab~li~ of a fa~ ente~Hse.or ente~t~scs within ~e d~s~cL ot state environmental plans. policies ~d ob~ec~ves.. · effect on If ~e cg~miu~oner so detaches, he or she may.(~) ~ssuc an order ~th~n ~e fo~-Hve day pe~od direct~n& ~e s~te agencx public beneHt co~om~on or local government not to rake such act~o~ for an addi~onal period of ~ days immediately following such fo~-~ve day period; and (i~) rc~iew proposed at,on ro dateline wbe~er any reaso~ble and prac~cable altcmaHve ot al~mazives exi~ which would ~n~m~ze or avoid ~e adve~e ~mpact on agr~cuI~c ~ order to s~min a v~able f~ ente~H~c or ente~Hsca within ~e dis~cL ~e co~i~ioner may ~old a public hea~g cohering ~eh proposed at,on at a pla~e ~ ~e d~ct or o~e~e easily access~le to ~e dls~ct upon notice in a he,paper ~ving a general c~eulation. ~ ~e dis~cR ~d ~ndi~dual ao~e, in ~g. ~ ~e municipalities whose ~tofies encompass dis~L ~e eO~i~sion~ o~o~ea~l cohesion, ~e adviso~ council on a~culm~ a~ ~e ~te agency, pubZjc benefil co~ontio~ or ~ocal govemm~t proposing to ~ke ~ch action. ~ or before concision of such additiona~ s~ day pe~, ~e CO~ss'~oner shall r~on bis or her ~mdings ~ ~e agency, co~om~on or gove~ent propos~g to ~ke such at,on, to any publi~ agency ~g ~e power review of or approval ofsuc~ actJoe, and, in a ma~ conducive to ~e ~de disse~na~o~ o~suc~ ~md~gs, to ~e public. Z~ ~e co~Jon~ concludes ~at a ~asonable and p~c~cable alte~tive or alte~atives exit which would m~ze ~ avoid ~e adverse impact o~ ~e proposed ec~on, he or s~e shall propose ~at such alte~ve ot altema~ves be accepted. ~f ~e agencX co,option or gove~ent propos~g ~e ac~ep~ ~e comm~sione~a proposal, ~e~ ~e tequi~meau o[ ~e notice o~ i~te~t fi~ing s~all be deemed ~ulfilled. Z[ ~e aBeney, co~o~o~ or government rejec~ ~e ~o~issio~er'a proposal, ~en it shall pro,de the co~bsioner wi~ reasons for teject~g such proposal ~d a de~ile~ compa~son baleen i~ proposed action and ~e co~si0ne~s alm~a~ve ot altema~ves. g. At least ten days befo~ eo~enclng an action w~ich ~ been the subject o~ a no,ce o~ ~tent · e agency, co~oration or Bov~t shall ceni~ ~ ~e co~Jssionet ~at it has made a~ expficit that ~e ~qu~remen~ or,ia subdiv~ion ~ve been reel and ~at consistent wi~ social, economic and essent~a~ conside~tions, ~ ~e maximum ex,ne practicable, adverse a~culmtal ~mpac~ ~yea~ed ~ not~e o~ intent process will be m~mized or avoided. Suc~ ce~ifieation shall set ~o~ ~e ~aso~s Copyfigh~ (c) Wesi Group 2001 No cla~ to origin~ U.S. Govt. wor~ · AGRI- & MKT$ § 305, Agricultural cl~tricts: effects support o fin '6S03 h. The commissioner may request ~e 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. No, twi~hstanding any other provision of law to the contrary, no solid waste manag:ment facility'shall be sited on land in agricultural production which is located {vithin an agricultural district, or land in agricultural production that qualifies for and is receiving an agricultural assessment pursuant to s~:lion three hundred six of this article. Nothing contained herein, however, shall be deemed to prohibit siting when: (i) The owner of such land his enteied into a written agreement which shall indicate his consent for site ' consideration; or '. (ii) Thc applicant for a per~t has made a commilrnent in the permit application to fund a farm land protection conservation easement within a reasonable proximity to the propos.ed project in an amount not -less than the dollar value ofanysuch farm land purchased for the project; or (iii) The commissioner in concurrence with the commissioner or environmental conservation has determined that any' such agriculnzai land to be taken, constitutes less than five percent of thc project site.. For purposes of this paragraph, 'solid waste management faciliiy" 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 transfer stagons or land upon which sewage sludge is applied, and determinations regarding agricultural district boundaries and agric.ultural assessments will be based on those in effect as of the date an initial detelT!!...inafiOn is made, pursuant tO article eight of the environmental conservation law, as to whether an environmcntaI impact statcmmt needs to be prepared for ~¢ 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 corporation or a local government, and accepted by the commissioner, pursuant to a notice of intent filing, to minimize or avoid adverse agricultural impa~ts from the proposed action. 5. Limitation on power to impose benefii .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 pr. oduction 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 structure locat~d in an agricultural district unless such structure benefits directly' from the service of. such improvemerit 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. . .' · *6504 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 assessment determined pursuant to subdivision·one of this section for...such, CopYright (c) West Group 2001 No claim to original U.S. Govt. works AGR! & MKT$ § 305. Agricultural districts; effects Page 7 · i~ropert~ shall be used for the benefit assessment or special ad valorem levy of such fire, f~re proieetion, or ambulance district. 7, Notwithstanding any provision of law to the contrary, that portion of the ,/alue 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 ]property taxation for a period not to exceed four 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 oonditions are met: · a.'{he land used for crop expansion or r~lanting must be a part of an' existing orchard cn ,vineyard which is located on land used in agriculanl production wi~in an agricultural district or such land must be part of an existing orchard or vincTard 'which is clig~le for an agricultural assessment pursuant to this section or section three hundred six or' this chapter where the owner of such land has filed an annual application for an agricultural assessment; b. the land eligible for such real property tax exeml~tion shall not in any one year exceed ~wcnty percent oi' the total acreage Oi' Such orchard or vineyard which is located on land used in agricultural production within an agricultural district or twenty percent of the total acreage of such orchard or vineyard eligible for an agricultural assessment punuant to this section and section three hundred six of this chapter where the owner of such land has £ded an annual application foe an agricultural assessment; c. thc land eligible for such real property tax exemption{ must be maintained as land used in agricultural production as part of such orchard or'vineyard for each year such exemption is granted; and d. when ~.e. land used for the purpose of'replanting or cro~5 expansion as part of'an orchard Or ~incyard is 'located within an area which has been declared by the go','emor 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 eligil~ility requirements for such tax exemption set forth in this subdivision, the maximum twenty percent total acre. age reslriction set forth in paragraph b of this subdivision may be exceeded for such y~ar and for any remaining successi~ years, provided,, however, that the land clig~le for such'real property tax exemption shall not exceed the total acreage damaged or destroyed 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 exemptioi is' sought pursuant to this paragraph shall be subject to verification by the commissioner or his designee. '6.~05 cm~orr(s) 19~'1 Mnla Volume (,4dded LIPTl, & 47g ,~ I; emen4ecf LIP'/2. ~. 712, ~ 4; LI97J, ~. 232. §§ I, 1.1981, c. 8,16, f 22; L. 1982, & I64, f i; L1985, e. 443, § 19 l.]98I, =. 280, L 1987. = 774, ~ J ~o 6; L 1988, ~. 736, ac 2; i, 1990. ~. $96°§ $; L.1990, c. ~8. 200! l:lectronl¢ lip(lite ~epL I0, 19979 L. IPP?, c. SJ?,,~afSto lO.e.g.)/ay. $, 19979 1.1997,¢. J~2, §10, " <<,AGRICULTIIR~ AND ivlARKI:TS LAW>>. · Laws 19~2, Chapter 48 Copyright (c) West Oroup'200t No c!ah'n to origL,'lal U.S. Oovt. wodcs · AGRI & MIL'TS ~ 305, Agricultural disttlcts; effects ' .Page 8 <General Materials CC;M)- References, Amotations, or Tables> . · I'LTSTORICAL NOTES ' ' HISTORICAL AND STATUTORY NOTES 2001 Electronic Update ~ LI~)99, c. 472 legislation ' L I~99, c 472,'1 2 provides: ' · "This act ~hali take effect immediately ~nd shall apply to assessment roll~ prepare,/on tl%e basle ut' ta.~abto stems dacca ~urrtng on or al~cr such date.' L.! 997, ¢. 3~7 leg!station L. 19~7, e. 357, § 13 provides: 'This act shall take effect on the ninetieth day ,~flcr it shatl have become a law and shall apply to ~sessrnent rolls pFe~ared on the basis GL' a taxable status date occurring on or at, er such date, except that any rules and regulations necessary for she timely !rnplementatJon.of this ac~ on its effective date n~y be promulgated on or before such date." L Ig97, c. 2 L. 1~97, e. 2, ~ 8 provides: , "TlliS act shall take effect Immediately;, sections one through four o1' this act shall apply to watershed conservation easements and watershed agricultural casein.eau acquired on or a~er August I, · L.l~.)g$, c. 324 legislation · L. 19~$, c. ~2.9, § 4, provides: "T~ia act [~nencrin~ thLs sect'ion, Agriculture and Markets/.aw § 302 and ECL 27-0707] shall take etTect Sanuar/Ii IP~S, but .sheS! not apply to ~olid wzste managcrr~nt facility applications dcen'~d ¢ompiete by the department of environmental conservation' on or before the effective cta~c ut'this act." .. · 6506 L.1995, e. 324 leglslation "ThLS net [amending thLs section] shall take effect immediately !Jury 28, I~.~)$], and s~all apply to assessment rolls prepand Sanua~y I, L. 19~)4: c 385 legLsla~ion · L.! ~}4, c 385, ~ 70, provides: '. "The provisions Gl' this act [LI g94, c. 3115] shall supersede any incons!~tcnt provls!on of law to the contmT." L. lg94, c. 385, ~ 71, set out ns a note under State Finance Law § 54-c, provides t~t the amendment by L.I~)~)4, c. 3S~, is eiTe~'tive Jan. !, 1~$, provided that nothing contained in L. 1~)94, ¢. ~g$ thall be deemed to affe~ thc application, quzlif]cafion, expiration or repeal of any other provision of law amended by such act, which provision shall be npptied or qualiHed, or ~hall oxpire or be dee.mad repealed as otherwise provided by law. ' · · L. I g~2, c. 797 legislation' .. "This act [~dding+ASTkuliuro'and Madtet~ Law §§ ~04ob, 308, 310, and ~21 to 32~, and Real Property Law § 3}3-c;, and amending Agriculture nnd Markets Law §§ 301,302, 303, :504, }04-a, 30~, 30§, ~09, Real Property Law § 333, and Real Properly Tax Law §§ 48:3, 922, !}2~, and t~:32] shall take effect on the ninetieth day after It shall have become a law [eft'. Nov. :L IP92] and ' shall bo applt~ to assessment rolls prepared on or at, er ~hAt da~e, except that any rules nnd regulatlotd necessary foe the timely impleenentation of this net on Its effective date may be premutgated on or before such date provided, however, that subdivision section 30C~ of the agriculture and markets law as amended by section eleven of~is m shall take effect on the s~me date ts chapter 94 of thc laws of 1 ~)2 [eLK Jan. i, 1993]. · · 6507 L199 I, c 562 legislation " Copyright (~) W'est Group 2001 No clabn to original U.S. 13ovt. works . AGRI &MliT$ § 301~, Agricuitunl districts; effects Page "~is z~ [~endln~ ~is section] s~ll ~e e~ect on the tim day o[ h~u~ n~t succeedin~ the date on which it'~all h~ve ~come n law [e~. Ju. '1. ]992] md ~11 a~ly Io ~ess~t mits pre~ared ~numt to A ~able roms date oecu~nl on or ~er ~ch dat~" 1991 Main ¥olume Former § 305. Section, added L1933, c. 158, related to inve~tigatlons by the former milk control board, and was repS'clad by L. 1934, e. liP, § I. Oil or Gas Explomion Activities;, Roll-back Taxes Prior to July 22, 1982. LI983, c. 86~5, § 2, provided: "The provisions of. this act [~mcndins former § 301 or Ks ~clc] arid chapter five hundred stxtT, rour or thc laws or nineteen hundred [nmmdin$ ~his section and § 30q s~a~l apply to ali oil or gas exploration, development or extraction activities nnd to all conveyances ofo[I or gas fights associated with land in agricultural production without regard to when such n~tivities commenced or such conveyances occurred; provided, however, ny re!l-back taxes levied pursuant to section thre~ hundred five of' the agriculture and n'uu'kets law or an)' additiono] amounts levied pursuant to section three hundred six of such lev,, prior to hly twenty. second, nlneteen hundred eighty-two shall not bc affected by thc prm, igou of this 1ct or chapter five hundred'sixty-tout of the laws · offlineteen hundred eighty-two." .: LEGISLATIVE HISTORIES I.,.I 9NI, e. 102: For Legislative, Executive or Judicial memoranda rclatins to this law, sec McKinncy's 1998 Sou;on Laws ofl~ew York, p. 1577. C.] 997, c. ~ For LegTstnlive, Executive or Judicial memorandum relating to this I,w, see Mc~inncy's 1997 Se~ion laws of New York, p. )995. . L ] 99?, c. 357: For Lqlblative, £xecutive or Sudieial memorandum relatlnj to this Iav/, see ~cKinney's ] 997 Se.~ion ~ of'Hew C. 19~)?, e. 3~2: For Legis]agve, Execugve or Jud'ici~l memorandum relating tothTs law, see McKinnr/'s ]99? Session Caws of.New York, p. 23~2. L. 1993, c. 440: For memorandum of'th,~ St,ua Board of Equalization and Assessment. see McKinncy's 1993 Sc,ion Laws orNew York, p. L.1987, c. T/4: For rr~rnorart~um ot'~he State Executive Department, see McKinney's 1987 Session L~ws ol'New York, p. 2f58. *6508 L.l 9g$, e. 28~ For memorandum of the Stud Board.of.Equalization and ~sessment. sec McKinney's 1985 Smior~ Laws of New York, L.1981, c 79: For memorandum Of. the State Executive Dep~ment,.State ~oard of Equalization nad Assessment, see McKinney's 198 ! Session Lows orNew York, i2. 2383. L,1980. c. 79: For memorandum of the Sute ~ecutive Department. sec McKinney's 1980 Session Laws of New York, p. 17~.0. Am~rican Digest System ' '. Asriculmral boards ~d of~ccrs, see Agriculture <~::=2. Equality and uniformity of taxation in general,, see Taxation ~:=40. Encyclopedia ' ~ Administrative bom'ds, of~cers, md employees, See C.J.S. Agriculture § 15 et seq, Eclu~]ity ~nd uniformity of.ta.xat~on; necessity in absence of constitutional proyts~ons, see C.J'.S. Taxation § 21 c~ seq. Texts and Treatises 98 NY Sur 2d, Taxation and Assessment § 31B. 99 NY Sue 2d, Taxation and Assessmmt. § 50:1. 3, Am Jur 2d, Agriculture § 39. .. I iS Am J'ur Trials 99, Relief' from zonlns ordinance. Copyi*i~t (c) West Group 200! No cln. L,n to origlnd u,s. Govt. wo*rlu. DOCUMENT FOR COMPLIANCE WITH NEW YORK STATE AGRICULTURE AND MARKETS LAW §305(4) A0~Ub':V~'"rD , residing at Z,~;{, ~, ~-~S ~L~cg T~ and o~ ~' ~. ~, c~ ~ ~ residing at I ~ ~ ~ · .~~ Rb°~ ~ereina~er described the SELLER(S), is in ~e p~cess ofex~uting a contract with Suffolk CounW, CounW C~ter, Rive~ead, New York l 1901 ~ h~eina~er descdbed ~ the P~CHASERS; ~~AS, the SELLE~ =d the P~CHASERS desire to ent~ into a con.ct for the sale of f~l~d development fi~ts to Suffolk CounW T~ Map No./ooo _/a?..~-/L ~ ,- o ;. Ple~e eh~k ei~ A. or B. A. ~e subj~t p~mises is not locat~ wi~in ~ a~culturfl di~ct pu~umt to New York State Agriculture and M~kets ~w ~icle 25~. OR ~ B. ~e subject praises is located within an'a~cultuml disWict pu~uant to New York State A~cullum and M~kets ~w ~iele 25~. If you checked yes to B. noted above, please respond to the following: ' The PURCHASERS should proceed with an application to the State of New York and follow up with the proeedur~ as further stated in New Yoi'k State Agriculture and Markets Law §305(4)(a) and Co). OR D. The SF, I.,LEK desires that the provisions of New York State Agriculture and Markets Law §305(4)Co) 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 ) ) SS.: co r¥ > · On th~ay of q~ . , in the year 208~)_, before me, undersignedl personally appeared c.:~h,,~' ,,zZ/~J;~a ~, personally known to me or proved to me on the basis of satisfactory cvi&nce to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they ex.uteri the same in his/her/their capacity(des), 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. S~e and office~f~ndividual Takfffg Acknowledgement STATE OF ~ COUNTY OF ',~ °~t~° I~ ) ) SS,: ) ABII3AILA~ WIgKI, IAM ' On th~:,~ day of ~"/~ , in the year 20[~_, before me, the undersigned, · personally appeared ~ALqT'/~/~ ~/(~/~personally ~om to me or prov~ t0 me on ~e b~is of safisfacto~ ehden~ to be ~e individ~(s) whose ~e(s) is (~e) mbscfibed to ~e ~n ins~ent md ~owledged to me ~at h~sh~ey executed' ~e sine in ~er/~eir capaeiW(ies), ~d ~at by ~er/~ek silage(s) on ~e ins~ent, ~e individ~(s), or.~e pe~n upon beef of which ~e in~dml(s) ~ted, ex~ut~ ~e im~eng~ Si~atu~'e and Office of Individuat~ · Taking Acknowledgement ABIGNLA. WICKHAM C0mmlssi0n Expires Sept. 30, 201o AMENDMENT THIS AMENDMENT ("Amendment"), made this ~day of March, Two Thousand and Twelve, BETWEEN JONATHAN WICKHAM, with an address at 2056 S IH-45, Wilmer, Texas 75172, and JOHN L. WICKHAM, with an address at 11752 Harford Road, Glen Arm, Maryland 21057, hereinafter described as the SELLERS, and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center, Riverhead, New York 11901, hereinafter described as the PURCHASER, WHEREAS the SELLER JOHN L. WICKHAM executed a contract of sale on July 18, 2010 and SELLER JONATHAN WICKHAM executed the same on July 26, 2010 (hereinafter referred to as the "Agreement"), wherein SELLERS agreed to convey to PURCHASER the development rights, as defined therein, in the premises owned by the SELLERS which is known and designated as SCTM No. 1000-103.00-11.00-022.000, being 6.0 + acres (the "Premises"); and WHEREAS the PURCHASER executed the Agreement on May 4, 2011; and WHEREAS it is necessary to amend the Agreement as Chapter 8 of the Suffolk County Code ("Chapter 8") was amended by Resolution No. 867-2010 duly enacted by the Suffolk County Legislature for the purpose of adopting Local Law No. 52-2010, a copy of which has been provided to the SELLERS; and WHEREAS the SELLERS and the PURCHASER agree to amend the Agreement as follows in order to reflect the change to Chapter 8: A. The SELLERS and PURCHASER agree to substitute and replace the prior version of Chapter 8 annexed to the Agreement as Exhibit E with the current version enacted by Resolution No. 867-2010. B. Paragraph 7(E) of the Agreement is hereby deleted in its entirety and replaced with the following: E. Pursuant to Suffolk County Code §8-4(G)(2) and Suffolk County Administrative Code §A42-6, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation shall be forwarded to the County Legislature for further consideration. C. Paragraph 32 of the Agreement is hereby deleted in its entirety and replaced with the following: 32. Pursuant to Chapter 8 of the Suffolk County Code {}8-8, {}8-9, §8-10, §8- 11, and §8-12, improvements to thc Premises are permitted as provided herein. A. All improvements shall be for the purposes of agricultural production, consistent with Suffolk County Code §8. B. All improvements shall be subject to permit approved by the majority vote of the Suffolk County Farmland Committee and subject to subject to any approval and permits required by the municipality in which the Premises are located. C. Improvements shall include, but not be limited to, the erection, installation, placement, location, relocation, modification, rebuilding, removal and demolition of new or existing structures; site disturbances; the operation of farm stands and the operation of alternative energy systems. D. Renovation, maintenance and repairs of existing structures are not subject to the permit requirement. In order to fall within the scope of this exception, renovation, maintenance and repairs may not enlarge or change the footprint or change the primary purpose of the existing structure to a non-agricultural production use. E. In its consideration of permit applications, the Suffolk County Farmland Committee shall consider the use of the improvement for agricultural production, the effect of the proposed improvement on topsoil consistent with the purpose stated in Paragraph 2 of this Contract, the impact on vistas and the criteria set forth in Suffolk County Code §8-8(E). 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. D. Paragraph 35 of the Agreement is hereby deleted in its entirety and replaced with the following: 35. (a) Pursuant to Chapter 8 of the Suffolk County Code §8-13(B) the exploration for, or development and extraction of minerals and hydrocarbons from the Premises by any means is prohibited. (b) Pursuant to Chapter 8 of the Suffolk County Code §8-13(O) no person (as same is defined in Suffolk County Code §8-2) shall conduct a site disturbance, 2 including, but not limited to, dredging, excavation, filling, grading and/or soil removal, on agricultural land without a special use permit issued by the Farmland Committee. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this Agreement. E. Pursuant to paragraph 36 of the Agreement a copy of this Amendment shall be recorded together with a copy of the Agreement and the exhibits attached thereto. F. Except as otherwise set forth herein, the Agreement shall remain unchanged and is hereby deemed in full force and effect. G. Should there be any inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control. -Signatures on next page- IN WITNESS WHEREOF. this Amendment has been duly executed by the parties hereto. IN PRESENCE OF: co ,o su oL "~G ~ JOF,THA~ W[CKH~ . Title: Depu~Coun~Executive ~ ~,'c~ ~} ;~ ~r JO~ L. WIC~AM ~ ~ Date: 5 ' &U- I ~ Approved as to Legality: DE~. COHEN, ESQs....7 L~DYe~yO~uEreRaTu AC'N i e f[~UN ' E S Q ' Real Estate/Condemnation Bureau Law Department APPROVED: Division of Real Property Acquisition and Management Depa. rtment of Planning _. 4 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the a~/t~ay of ~ in the year 2012, before me, the undersigned, personally appeared JONATH~ WICKHAM, 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 acknowl,~ged to me that he/she executed the same in his/her capacity, and that by his/her sig/ta?re on the instrument, the individual, or the person upon behalf of which the individual ~tc/t'ed, executed the, jfl~stmment. ~ature and Office of Individual Taking Acknowledgment DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 STATE OF NEW YORK ) Qualified in Suffolk Cour~ty ) sS.: Commission Expires Aug. 18, ~/f/, COUNTY OF SUFFOLK ) ,--..,! t .~ On the~'"~day of '"'"-~'~~ , in the year 2012, before me, the undersigned, personally appeared JOHN L.t-,WICKHAM, 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 acknowll~clged to me that he/she executed the same in his/her capacity, and that by his/her sigr~ature on the instrument, the individual, or the person upon behalf of which the individual a~d, executed the~St~ument. ~g~tu~'~'an~l ~)ffi"-'ce'/of Individual Taking Acknowledgment DONNA McGAHAN Notary Pubtic, State of New York No, 01 MC4851459 Qualified in Suffolk County Commission Expires Aug, 18, ~ STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the .'2~ day of /'}9~ , in the year 2012, before me, the undersigned, personally appeared lq~glt4 ~~ , 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 MARY E BARBONE NOTARY PUBLIC-STATE OF NEW YORK No. 01BA6127940 Qualified in Sultolk County My Commission Expires May 3t. 2013 6