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HomeMy WebLinkAboutLL-1984 #02~ate: ~arc~ 26, 1984 Dear Sir/Madam: Please be advised that Local Law(s) No. of 1984 of the Town of was/were received and filed on ~a~ o b Additional forms for filing local laws with this office will be forwarded upon request. RECEIVED NYS Department of State ~? i~, 9 9-~ Bureau of State Records 'ToWn Clerk Sou;~h°ld 383602-004(12/82) (Please Use this Fonu for Filiug your Local Law with the Secretary of State} Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Southold TowR · x¥~e Local Law ~ ......... .~. ............................................... d the ye~ %9 ~.~ ...... A local law ~t~9~p~r~y~Ld~e~f~r~Lb~cquiAi:~r~£~Dev~e~Pme~t.P`~i§hts~¢r~A~cu~tu~aL~nds~ Be it enacted by the .:.:.T.o.'~a..Bnar..d ........................................................................................................ of the Gi~yx o[ Southold ........................ as follows: Town The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 25, to read as follows: Chapter 25 Section 25-10 Title This Chapter shall be known and may be cited as the "Agricultural Lands Preservation Law of the Town of Southold." Section 25- 20..Purpose The Town Board of the Town of Southold finds that the acquisition of development rights in lands located in the Town of Southold and used in bonfi fide agricultural production will conserve, protect and encourage the improvement of prime agricultural lands both for the production of food and the preservation of open space is in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature, as set forth in Section 247 of the GenereiMunicipal Law. Section 25-30 Definitions As used in this Chapter, the terms used herein are defined as follows: Agricultural lands shall mean lands used in bonafide agricultural production. (b) Agricultural production shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail m~rchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems~ and any other structures used exclusively for agricultural purposes. additional space is neededr please attach sheets of the same size as this and number eac~)"~ Pa~e 1 (c) (d) (e) (f) Alienation - shall mean the transfer of any development right from the Town of Southold to another. Committee - shall mean Committee. the Southold Town Farmland Development right - shall mean the permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. Structure - shall mean anything constructed or erected in, on, or under the ground or attached to anything having a - location in, on, or under the ground, including fences. Section 25-40- Procedure for Acquisition of Development Rights (~) Upon authorization by the Town Board, the Supervisor shall solicit offers for the sale to the Town of development rights in such agricultural lands as may be recommended by the corem ittee. .=_ [2) Upotx the'receipt of such offer or offers, the Town Board shall cause an apprai.sal or appraisals to be made of the market value of the development rights being offered. (3) After receipt of such appraisal, or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such offer, or offers. (4) 'Within sixty (60) days after such hearing, the Town Board shall adopt a resolution either accepting or rejecting such offer or offers. -~-'Section 25-50- Alienation of Development Rights (1) Development rights acquired by the Town pursuant to the provisioris of this Chapter, shall not thereafter be alienated, -~xcept upon the affirmative vote of a majority of the Town Board after a public hearing thereon, and upon the approval by the electors of the Town voting on a proposition submitted at a special or biennial Town election. No ~gtabsequent-amendment of the provisions of this sub-section shall alter the limitations imposed upon the alienation of -developme~tc-:rights' 'acqu. ired by~. -the-Town prior to any. such (2)The:-inst~*u~ment'of::conveyance transferring the development rights to the Town of Southold shall be executed by the Supervisor on. behalf of the Town of Southold, and !the Grantors, ~and'-'shall contain a covenant specifically setting ~.forth the limitations on the alienation of the development .rights and: the-':limitations:on the use and enjoyment of the :estate or interest reserved by the Grantor as the same are set for_th as of the date-of the Contract for the sale of said :- development-rights. ,' (3) Farmland Committee. (a) The committee shall consist of five (5} members to be ~ :~'appd~nt~:'b~'~and :serve~ at ~'he pleasure~of the -~own =-: Board, The Chairman of the Committee shall be designated by the Town B~rd. ~ ~ ~C' ~C'~ L(' ~"~, ~ 3~,c~ ::: b~:~~ ~- [ _.:" :~ ~- :3 ~ ~ :~ ?] ~:'C-- i ~ ~] (b) ~ t les ?oP:~h~ ;Commtttee. -The Committee shall perform the following duties: (i} 'To recommend to- the: Town -'Board . agricultural lands in which the development rights should be aCquiredby:the Town.-: ~:--':-:~ -- ~- '~ (ii) Review all matters relevant to development rights and the agricultural economy in general. ('iii) To serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. (iv) To promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the committee, which said rules and regulations shall not become effective until approved by the Town Board. (v) Prepare, amend and maintain appropriate maps delineating agricultural lands; lands in which development rights have been acquired; agricultural lands in which development rights are ~.~ proposed to be acquired; and such other information as may be deemed appropriate. (vi) Perform such other duties and functions as may from tim~ to time, be directed by the Town Board. (vii) The committee shall be authorized to incur such expenses in the performance of its duties as shall be appropriated therefor by the Town Board. Section 25-60'~ 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. This Local Law shall take effect upon its filing in the Office of the Secretary of State. -3- (l:omphqe Lhe certification in thc parngrald~ which apiplh'.~ lo thc hliu~ of thi~ local law nn~ =triCe oat the matter therein ~hich i~ not applicable.) (l:i.al adoption b) I.,'al legislative body only.) I Jmroby certify that the lcwal law annexed hereto, designated as local law No .... 2 ............. or 19...8g. , ~x ~c Southold o~ tho Town o~ ...................................... was duly pa~od t>y ~he ..... .~.9~.O..~.U.0 ................................................... X~X (Name pt Legialative on ....... ~.E~.~...~.~. ................... ~9.~.~.. in accordance with the appHcahl~ pr~v~ion~ 2. (Passage b~ local legiMative hody with approval or no disapproval by Elective Chief Executive Officer.* or repassage after disapproval.) 1 hereby certify that the lbcal law anuexcd hereto, desi~mtedaslocat taw No ..................... of 19 ........ Coauty City of the Town of ...................................... was duly passed by the .................................................................................. Village m.m~ of Legislative Body} . not disapproved on .................................................. t9 ........ an3 was approved 'by the ..................................... --.,~= . repassed after disapproval u~¢~r~, Chief E .... tire Officer * and was deemed duly adopted on ........................................................ t9 ......... in accordance with the applicable provisions of law. (l:inal adoption l)y referendum.) I heroby certify that thelocal law annexed hereto, designatedaslocal lawNo ................. of 19 .......... County of the City of ...................................... was duly passed by the ................. - Village tN~.,~ of 1,egi~tative not disapproved on ................................................. 19 .....and was approved by the ............................................................... repassed after disapproval ~:lect~ve Chief ~xecutive Officer ~ on ....................................................................... [9. ........ Such local law was submitted to the people by reason o~ a ' mandato~. permissive rererendum,and received the affirmative vote of a majority of the c~ali(ied electors voting geuerat thereon at the special election held on .................................................... 19 ......... in accordance with the appli- cable provisions of law. (Suhjec~ to permissive referendum,and final adoption because no valid petition filed requestiug refercudum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ......... County City the Town of ...................................... was duly passed by the ............................................................................ on ~,' dlage not disapproved ...................................................... 19 ........ and was approved by t e ............ repassed after .............................................................. 19 ......... Sucll local Jaw being subject to a permissive referou,tum aud valht pelilion rcqm'sting such referendumhaviug been filed, said local law was deemed duly ad.ptedon ...................................................................... 19 ........ , in accordance with the applicabJe provisions of law. "El. ectbe Chief Exe~uth.~e Officer ~x-.,.. or i~dt.~h~ the chief r=__.~,cutive officea- of · county elected on · county-wide bad~ or, if there be none. the chainnan of the county legi~tive body. the mayor of · city or village or the supervisor of a town. where such offmer is veaxed with power to approve or veto local laws or ordinances. Page 2 (Cit) local law concerning I'.h.trtcr r~.~i.,ion proposed by petition.) I hi,role)c¢'i it'~ Ilia'; th, 1o, ;,l !~;~ :;o, x~',] [~o;','tn, de:.ignatedaslocal law No ................. of [9 ........ h.t~iltg been submitted to referendom pursuant to the of the City of ..................................................................... g 36 provisions of 37 of -~ ~,;uak ip.,111. ~,c t/tde Law,and kaving received the affirmative vote of a majority - special election held on .................................. of the qualified electors of such city voting thereon at thc general ................ [9 ......... became operative. 6. (County local law conccrniilg adoption of Charter.) I hereby certify that the local l:~w aimcxed hereto, designated as Lo6al Law No ....... of 19 ...... of the Cotmty of ......................................... St;~te of New Yoi'k, having been submitted to the Electors at the General Election of November ........... [9 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal tIome Rule Law, and having received ~l~e affirmative vote of a majority of thc qualified electors of the cities of said county as a unit and of a majority of the qualified electors of thc towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption bas been followed, please provide an apprnpriato ce ~tificatio¥i.I ~ I further certify that !'have compared the preceding local law withthe original on file in Ihis office and that the same is a correct transcript therefrom and of the wbole of such original local [aw, and was finally adopted in the manner indicated i~ paragraph ............ J ............... above. Ct~e/rk of the County legislative body, City, T6~n or Village, Cl~k olr oflicct designated by local l~gislative body Date: March 15, 1984 Judith T. Terry, Town Cl.erk (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ..... ..S...U...F...F...Q..L...K.. ......................... !, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactme,t of the local law annexed hereto. :(~'~.~..,(,~...f_~.../~.~..~4.~'.~'.... R..ob.e r..t.w.:. T .a .s.Ker... Signatutc ..... T.o.w.q ........................ "lille Date: March 15, 1984 ~l~pxxxof ...... ..S..o...u..t...h..o.!..d.. ...................................... Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD March 13, 1984 8:15 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW, ENTITLED "A LOCAL LAW TO PROVIDE FOR THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS." Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a hearing on a proposed Local Law on the acquisition of development rights in agricultural lands. Councilman Stoutenburgh will read the legal notice. COUNCILMAN STOUTENBURGH: "Public Notice is hereby given that there has been presented to the Town Board of the Town of SOuthold, Suffolk County, New York, on the 28th day of February, 1984, a Local Law entitled, "A Local Law to provide for the Acquisition of Development Rights in Agricultural Lands," which reads as follows, to wit: Be it enacted by the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 25, to read as follows: Chapter 25 Section 25-10 Title This Chapter shall be known and may be cited as the "Agricultural Lands Preservation Law of the Town of Southold.. Section 25-20 Purpose The Town Board of the Town of Southold finds that the acquisition of development rights in lands located in the Town of Southold and used in bona fide agricultural production will conserve, protect and encourage the improvement of prime agricultural lands both for the production of food and the preservation of open space is in the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature, as set forth in Section 247 of the Gener~lMunicipal Law. Page 2 - Proposed Loca! ~_aw Acquisition of Development Rights in Agricultural Lands Section 25-30 Definitions As used in this Chapter, follows: the terms used herein are defined as Agricultural lands - shall mean lands used in bonafide agricultural production: (b) Agricultural production shall mean the production for commercial purposes of crops, livestock and livestock products, but not 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 fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. (c) Alienation - shall mean the transfer of any development right from the Town of Southold to another. (d) Committee- shall mean the Southold Town Farmland Committee. (e) Development right - shall mean the permanent legal interest or right to prohibit or restrict the use of land for any purpose other than agricultural production. (f) Structure - shall mean anything constructed or erected in, on, or under the ground or attached to anything having a location in, on, or under the ground, including fences. Section 25-40- Procedure for Acquisition of Development Rights (1) Upon authorization by the Town Board, the Supervisor shall solicit offers for the sale to the Town of development rights in such agricultural lands as may be recommended by the committee. (2) Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market value of the development rights being offered. (3) After receipt of such appraisal, or appraisals, the Town Board shall hold a public hearing on the question of the acceptance of such offer· or offers. (4) Within sixty (60) days after such hearing, the Town Board shall adopt a resolution either accepting or rejecting such offer or offers. Section 25-50- Alienation of Development Rights Page 3- Proposed Local Law Acquisition of Development Rights in Agricultural Lands (1) Development rights acquired by the Town pursuant to the provisions of this Chapter, shall not thereafter be alienated, except upon the affirmative vote of a maiority of the Town Board after a public hearing thereon, and upon the approval by the electors of the Town voting on a proposition submitted at a special or biennial Town election. No subsequ.e0!~ ~mendraent of the provisions of this sub-section shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. (2) The instrument of conveyance transferring the development rights to the Town of Southold shall be executed by the Supervisor on behalf of the Town of Southold, and the Grantors, and shall contain a covenant specifically setting forth the limitations on the alienation of the development rights and the limitations on the use and enjoyment of the estate or interest reserved by the Grantor as the same are set forth as of the date of the Contract for the sale of said development rights. (3) Farmland Committee. (a) The committee shall consist of five (5) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committee shall be designated by the Town Board. (b) Duties of the Committee. The Committee shall perform the following duties: (i) To recommend to the Town Board agricultural lands in which the development rights should be acquired by the Town. (ii) Review all matters relevant to development rights and the agricultural economy in general. (iii) To serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. (iv) To promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the committee, which said rules and regulations shall not become effective until approved by the Town Board. Page 4- Proposed Loca~ Law Acquisition of Development Rights in Agricultural Lands (v) Prepare, amend and maintain appropriate maps delineating agricultural lands; lands in which development rights have been acqui red; agricultural lands in which development rights are proposed to' be acquired; and such other information as may be deemed appropriate. ~ (vi) Perform such other duties and functions as may from time to time, be directed by the Town Board. (vii) The committee shall be authorized to incur such expenses in the performance of its duties as shall be appropriated therefor by the Town Board. Section 25-60 - 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. This Local Law shall take effect upon its filing in the Office of the Secretary of State. COUNCILMAN STOUTENBLtRGH; This has b~er~ posted on the Town Clerkis Bulletin Board and we have proof of publication from The Long Island Traveler- Watchman and The Suffolk Times. The Farmland Preservation Committee has had a copy, Town Board members each have, and there is a notice on the Clerk's Bulletin Board. SUPERVISOR MURPHY: At this time, is there anyone here would like to speak in favor of this Local Law? I notice we have members of the committee that was formed to look into this here. Bud, would you like to say anything on it? ANDRE CYBULSKI, Chairman, Farmland Preservation Committee: I didn't come prepared to speak on it, but I think, if you remember back in November, the overwhelming vote of the voters showed that the people of the Town want this protection, and we need to preserve the farmland. SUPERVISOR MURPHY: Thank you. C;OUNClLMAN TOWNSEND: Bud, you might just mention that the content of the law is basically similar to Suffolk County and Southampton and East Hampton and any differences-- MR. CYBULSKI: I think you have just said it. It's very similar to the Farmland Programs in the County and Southampton and East Hampton, and it's proven that it does work and will work. COUNCILMAN TOWNSEND: Establish the Select Committee and so forth. Page 5 - Proposed Loca~ ~.aw Acquisition of Development Rights in Agricultural Lands SUP£RVISOR MURPHY: Is there anyone else would like to speak on this Local Law ? RUTH OLIVA, President, North Fork Environmental Council: The North Fork Environmental Council enthusiastically and delightedly finally can endorse some- thing that's really just super, and we certainly think this is a marvelous program and we're looking forward to seeing its implementation. Thank you. SUPERVISOR MURPHY: Thank you. Anyone else would like to speak in favor? (No response.) Anyone like to speak in opposition? (No response.) Anyone like to say anything at all? COUNCILMAN SCHONDEBARE: The definitions and everything, does that include horse farms? COUNCILMAN STOUTENBURGH: I iust asked that. Yes, it does. SUPERVISOR MURPHY: If the Town Board sees fit, we have a resolution on the end to establish the Select Committee then, tonight. If no one would like to say anything further, I'll close this hearing. Judith T. Terry Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the~Town of So~thold, Suffolk County, New York, on the 28th day of February, 1984, a Local Law~ entitled, "A Local Law to provide for the Acquisition of Development Rights in AgriCultural Lands," which reads as follows, to wit: BE iT ENACTED by the Town Board of the Town of SouthaM as follows: ' The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 25, to read as follows: Chapter 25 . Section 25:10 Title This Chapter shall ha known and maY be cited as the -"Agricultural Lands Preservation Law of the Town of Southold.' SectiOn 2~ 20 Purpese The Town Board of the Town of Southold finds that the acquisition of development rights in lands located in the Town of Soutbold and used in bona fide agricultural produc- tion will conserve, protect and encourage the improv'ement of ~prim~ ag~rj~ldtural _l~, rids both for the p~co of food and the ~..ervatinn of open spaCe is ]n the public interest and a proper public purpose of the Town in accordance with the findings and determinations of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. Section 25- 30 Definitions As used in this Chapter, the terms used herein are defined as follows: {a) Agricultural lands - shall mean lands used in b0nafide agricultural production. (b) Agricultural preductton - sh~ll mean the produc- tion for commercial purposes of crops, live- stock a~d llvestOckpro- ducts, but not landor portions thereof used for processing or retail merchandising of such crops, livestock dr live- stock products. Land used in agricultural duetinn shall also in- clude fences, equip- ment storage haildings~ ti0n systems, and any other strucinres used exclusively for agricul- tural purposes. (c) Alienation - shall mean the transfer of any de- velopment right from the Town of Soulhold to another. (d) Committee - shall mean the Southold Town Farmland Committee. (e) Development right - shall mean the perma- nent legal interest or right to prohibit or re- strict the use of land for any purpose other than agricultural production. (f) Structure - shall mean anything constructed or erected in, on, or under the ground or attached to anything having a lo. cation in, on, or under the ground, including fences. Section 25- 40 - Procedure for Acquisition of Develop- ment Rights . (t) Upon authorization by the Town Board, the Superviso~ shall solicit offers for the sale to the Town of development rights in such agricul- tural lands as may be recommended by the committee. (2) Upon the receipt of such offer or offers, the Town Board shall cause an ap- praisal or appraisals to be made of the market value of the develop- ment rights being of- fered. (3) After receipt of such ap- praisal, or appraisals, the Town Board shall hold a public hearing on the question of the ac- ceptance of such offer, (4) Within sixty (60) days after such hearing, the Town Board shall adopt a resolution either ac- cepting or rejecting such offer or offers. Section 25- 50 - Alienation of Development Rights (1) Development rights ac- quired by the Town pur- suant to the provisions of this Chapter, shall not thereafter be alienated; except upon the affirm- ative vote of a majority of the Town Board after a public hearing there- on, and upon the ap- proval by the electors of the Town voting on a proposition submitted at a special or biennial Town election. No sub- sequent amendment of the provisions of this sub-section shall alter the limitations imposed upon the alienation of development rights ac- quired by the Town prior to any such amendment. (2) The instrument of con- veyance transferring the development rights to the Town of Southold shall bo executed by the Supervisor on behalf of the Town of $outhold, and the Grantors, and shall contain a covenant specifically setting forth the limitations on the alienation of the de- velopment rights and the limitations on the use and enjoyment of the estate or interest re- served by the Grantor as the same are set forth as of the date of the Contract for the sale of said develop- ment rights. (3) Farmland Committee. (a) The committee shall consist of five (5) members to be appointed by and March 1, 1984 serve at the plea- sure of the Town Board. The Chair- man of the Commit- tee shall be desig- nated by the Town Board. (b) Duties of the Com- mittee. The Committee shall perform the following duties: To recommend to the Town Board agricul- tural lands in which the de- velopment rights should bo acquired by the Town. (ii) Review all matters rele- vant to de- velopment rights and the agricultural economy in general. (iii) To serve as a review board for the grant- ing of per- mits for the construction, reconstruction and additions of and to struc- tures in or on agricultural lands in which the develop- ment rights have been ac- quired by the Town. (iv) To promulgate such rules and regulations as may be deem- ed necessary to govern the administra- tion, proce- dures and du- ties of the com- mittee, which said rules and regulations shall not be- come effective until approved by the Town Board. (v) Prepare, amend and maintain appropriate maps delineat- lng agricultur- al lands; lands in which de- velopment rights have been acquired; agricultural lands in which development rights are pro- posed to be ac- quired; and such other in- formation as may be deemed appropriate. (vi) Perform such other duties and functions as may from time to time, be directed by the Town Board. (vii) The commit- tee shall be au- thorized to in- cur such ex- penses in the performance of its duties as shall be ap- propriated therefor by the Town Board. Section 25- 60- Severability Should any provision of this Chapter be adjudged invalid by a Court of competent jurisdiction, such adjudication shall not affect the validity of (continued on n~xt page) STATE OFNEWYORK ) ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, {n said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the dayof ~4arch 19 84 Principal Clerk Sworn to before me this 1 $'c dayof March 19 84 JUDITH A, CHIEN NOTARY PUBLIC, State of New York No, 47961~1, Suffolk Couety effect uP°n its filing in the office of ~he Secretary of State, . C01~ns ~ ' said Local Law are available in, the Office of the Town Clerk to any interested ~ns during business NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public haaring on the aforesaid Local La~ at the Southold Town Hail, Main Road, Southold; New York, on the 13th day of March, 1984, at 8:15 P.M~, at which time all i~tterested persons vrill be DATED: February 25,1984~ JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TM1-45~ LEGAL NOTICE NOTICE OF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby given h, as been presented to i Board of the t, Suffolk County~ on the 28th day February, 1984, a LOcal entitled, "A Local Law i.provtde for the Develop- ment Rtghis ' Lands," roi- BE rr ~i~lL~ by the Town I~ of the Town of Southold as'~follows: The ~:, of the Town of Southold is¥ hereby amended by addinl~ a new Chapter theretO, to be Ctutp~ter 25, to read as follows: Chapter 25 ~ Section 25-10 Title ~ ' This Chapter shall be/mown and may be cited as the "Agricultural La~ ,~serva. tion Law ,of tl~wn of Seuthold.,~ * S o -20 Town Sonthold ~ that the Tow~ ¢ ~n prime s for the the isint prop~ Town the ture, as ~et forth in .,f~"tton 247 of the Gener~uaicipal.Law. seo~n zs-:l!__.~n~itions. terms_~, h;e~n a~ defined (e) Agficultl~g I~da. shall mean lands used ia.,.botrsfide agriculiaml ln~ducri~.: Co) A~icultural prodlction- shall me4m the pmdnctian for commer~al purpose of crops, livestock and livestocl~ pm- ducts, but not laud or portions thereof used f~' pmc~siag or retail merchandising of such cropS, ~tveslo~k or li~t ~ !hall 4flso b~. litigation systems, and any other sh'uctures used exclusively for agricultural purposes. (c) Alienation. shall mean the transfer of any develop- ment right from the Town of Southold to another. (d) Committee- shall mean the Southold Town Farmland Committee. (e) Development right- shall mean the permanent legal interest or right to prohibit or re~dct the use of land for any purpose other than agricul- tural production. (f) Structure- shall mean anything constructed or erect* ed in, on, or under the ground or attached to anything having a location in, on, or under the ground, including fences. Section 25-40- Procedure for Acquisition of Develop- ment Rights. (1) Upon authorization of the Town Board, the Supervisor shall solicit offers for the sale to the Town of development rights in such agricultural lands as may be recommended , by the committee. (2) Upon the receipt of such offer or offers, the Town Board shall cause an appraisal or appraisals to be made of the market .,value of the develop- ment rights being offered. (3) After receipt of such appraisal, or appraisals, the Tow.n Board shall hold a public hearing on the question of the acceptance of such offer, or offers. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- rnon once each week for .............................. /.. ....... weel~ successively, commencing on the ................. /. ................. day .......................... , Sworn to before me this ................. /. .............. day of .......... ................. , (4) Within sixty (bO) ~lays after such hearing, the Town Board shall adopt a resolution such offer or offers. . ............... Section 25-50- Alienation of Development Rights. (1) Development rights ac- quired by the Town pursuant to the provisions of this Chapter, shall nm thereafter be alien.,ed, except upon the affirmative vote of a majority of the Town Board after a public hearing thereon, and upon the approval by the electors of the Town voting on a proposition submitted at a special oc bionai~ Town elec- tion. 'No' ~hbeeqiiell{ ~itnend- meat of the provisions of this sub-section shall alter the limi- tation imposed upon the alien- ation of development rights acquired by the Town prior to any such amendment. (2) The instrument of con- veyauco transfor~ the de- velopment rights to the Town of Southuld shall be executed by the Supervisor on behalf of the. Townoo~Sonthold,.and the Gra. ntors, and shall contain a covenant specifically setting forth the limitations on the alienation of the development rights and the limitations on the use ~nd enjoyment of the estate or interest reserved by the Grantor as the same are set forth as of the date of the Contract for the sale of said development rights. (~) Farmland Committee. (n) The committee shall consist of five (5) members to be appointed by and serve at the pleasure of the Town Board. The Chairman of the Committeo shall be designated by the Town Board. Co) Duties of the Cominittee. The Committee shall per- form the following duties: (i) To Recommend to the Town Board a~ricultural lands. in which the development rights should be acquired by the Town. (ii) Review all matters rele- vant ~o development rights and the agricultural economy in general. (iii) To serve as a review beard for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. (iv) To promulgate such rules and regulations as may be deemed necessary to gov- ern the administration, pro. cedures and duties of the com- mittee, which said rules and regulations shall not become effective until approved by the Town Board. ~. 52-SJ21725 m~ a~w~ate raps del~onting a~M l~; I~ in which deveiopm~t ~ts ~ve ~n ~qu~d; a~ I~ ~ whi~ developmem fi~ts ~e ~sed to be acqu~d; ~d such ~er inflation ~ may be ~m time to time, be dke~ed by ~e Town Bo~d. (vfi) ~e ~mm~ sh~l ~ au~o~ to ~ such ex- ~ses in the ~ffo~ce of its duties as sh~l be app~- p~ted thor by the T~ ~d. ~n ~.~- ~er~fl~. Shou~ any pmv~i~ of ~is ~spter be ~judged ~v~id by a Co~ of ~m~tent ju~- &~n, su~ ~}udt~tion sh~ not affe~ ~e v~iffity ~ ~y o~er pm~si~ ~ ~ ~ap- ter. ~is ~al ~w sh~ ~e ~ u~n its ~g ~ ~e ~ce ~ ~e ~ of State. ~pius of ~d ~ ~w ~ av~le ~ ~ ~ ~ ~e To~ ~k to ~y ~erusted pe~ons dung bus.ess hour. NO~CE IS ~R~ G~- ~ ~at ~e To~ ~d of ~e T~ of ~u~old ~ hold a public he~ng on ~e ~e- said ~cal ~w at ~e ~uthold To~ ~l, M~ ~, ~u~- old, New York, on ~e 13~ ~y of M~h, 19~. at 8:15 P.M., at which ~e ~1 ~terusted ~ns w~l be he~d. DAT~: Febm~ ~, 19~. 5UD~ T. TERRY, SO.HOLD ~ CLE~ 1T-3/1/~{12)