HomeMy WebLinkAboutL 12854 P 72 11111111I11 11111111111111111111 DII II IIIA III II1
1111111 VIII 11111 IIi1 ILII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: CONTRACT / OPTION Recorded: 02/25/2016
Number of Pages : 99 At: 03:32 :58 PM
Receipt Number : 16-0028364
TRANSFER TAX NUMBER: 15-20877 LIBER: D00012854
PAGE: 072
District: Section: Block: Lot:
1000 059.00 03 . 00 027 . 003
MORTGAGE TAX NUMBER: DG045322
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $0 . 00 YES Handling $0.00 YES
COE $0 .00 YES NYS SRCHG $0.00 YES
Affidavit $0.00 YES TP-584 $0 .00 YES
Notation $0.00 YES Cert.Copies $0 . 00 YES
RPT $0.00 YES Transfer tax $0 .00 YES
Comm.Pres $0.00 YES Mort.Basic $0 . 00 YES
Mort.Addl $0.00 YES Mort.SplAddl $0 . 00 YES
Mort.SplAsst $0.00 YES
Fees Paid $0 . 00
TRANSFER TAX NUMBER: 15-20877
THIS PAGE IS A PART OF THE. INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
• e
1 2 -_
RECORDED
2016 Feb 25 03:32:58 PM
Number of pages ell JUDITH R. PASCALE
CLERK OF
SUFFOLK COUNTY
L D00012854
This document will be public P 072
record. Please remove'all 05045322
Social Security Numbers DTA 15-20877 .
prior to recording. — - ----._.-
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
31 FEES
Page/Filing Fee `Mortgage Amt.
_____,0 ___ 1. Basic Tax
Handling /1/Q 00 2. Additional Tax
TP-584Sub Total
/ Spec./Assit.
Notation or
EA 52 17(County) Sub Total i Spec./Add.
TOT.MTG.TAX
EA-5217(State)
,...n i� . Dual Town Dual County
R.P.T.S.A. "k\ Lk CO a) %, Held for Appointment
Comm.of Ed. 5. 00 = T ' Transfer Tax
+ h 1 • • Mansion Tax
/Affidavit—\` — it,,. —.?...;,-. :-
The property covered by this mortgage is
/Certified Copy' _AD or will be improved by a one or two
15. 00 q family dwelling only.
NYS Surcharge Sub Total (9 0 ,,,�y�,�
Other
���' - 1" YES or NO
Grand Total
( If NO,see appropriate tax clause on -
n 1 page# of this instrument.
Preservati
4 `D�� n Fund
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tst 3105069 �2e, G (''CIChC P�6 5 Community o
Real ProF PTS Consideration Amount$
Tax Servi R LPA A 11111111111111G I��� CPF Tax Due $ I.)
Agency 24-FEB-16
Verificatih
- Improved •
Satisfactions/Discharges/Releases List Property Own Mailing Address
6
RECORD&RETURN TO: rBen;n cats&- Vacant Land
SUFFOLK COUNIY
DIV OF REAL PROPERTYACQUISITION TD
AND MANAGEMENT
K LEE DENNISON BLD0.2nd FLOOR TD
100 VETERANS MEMORIAL HIGHWAY •
P.O.BOR6100 TD
HAUPPAUGE.NY 117880099
Mail to:Judith A.Pascale, Suffolk County Clerk 7 , Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.NameAdat a 4 e '771-- --
www.suffolkcountyny.gov/clerk Title# / -C — 5ir6 rO
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached O `�`4- made by:
(SPECIFY TYPE OF INSTRUMENT)
��//G , v r rT The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
N. In the TOWN of
L-CEJ A,1- , -p- Tc „-7"3 k.-
In the VILLAGE 'So Ji"kO 1 dL
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
p s
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Stat ID: 3105069 LPA A
24-FEB-16
Tax Maps
District Secton Block Lot School District
1000 05900 0300 027003
1000 05900 0300 027004
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THIS AGREEMENT,made this IQ day of d `C:two Thousand Fifteen;
BETWEEN
C/I IRENE C. VITTI, with an address at P.O. Box 1337, Southold,New York 11971,
/47
hereinafter described as the SELLER, `
5vM SoSi
and the COUNTY OF SUFFOLK,a municipal corporation, having its principal offices at
County Center,Riverhead, New York, hereinafter described as the PURCHASER,
//34./
WITNESSETH, that the SELLER agrees to sell and convey, and the PURCHASER,
COUNTY OF SUFFOLK 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. 548-2012 and Procedural Motion No. 21-2014 and
Resolution No 1Y )0f;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, identified by the following Suffolk County Tax Map No. 1000-059.00-03.00-
027.000 p/o, being 19.10 ± acres, more particularly bounded and described as set forth in the
description annexed hereto as Exhibit "G", (the"Premises").
1. Development Rights, as authorized by §247 of the New York State General
Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require
or restrict the use of the premises exclusively for agricultural production 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 SELLER shall be
deemed to have covenanted and agreed that the SELLER, and their heirs, legal representatives,
successors, assigns and/or party or parties in lawful possession of the Premises,pursuant to lease,
license or other arrangement, shall only use the premises on and after the date of delivery of the
instrument of conveyance to the PURCHASER for the purpose of such agricultural production.
Such covenant shall run with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of the instrument of conveyance. Chapter 8 of the Suffolk County Code is
annexed hereto as Exhibit"E".
2. The SELLER acknowledges that by the terms of this contract and the declarations
in the deed, that they have been informed that neither the SELLER, nor their heirs, legal
representatives, successors, assigns and/or party or parties in lawful possession of the premises,
pursuant to lease, license or other arrangement, shall be permitted to remove soil (as same is
defined in Chapter 8 of the Suffolk County Code §8-2) from the property to be covered by these
development rights. A purpose of this acquisition is to protect topsoil by limiting non-
agricultural production uses of the land. The topsoil present on the premises consists of
prime/unique/important soil. The representation is intended to also serve as a covenant running
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forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery
of any instruments of this conveyance.
3. The power and purpose of the PURCHASER is limited to acquiring the
Development Rights in land presently used or suitable for agricultural production (as same is •
defined in Chapter 8 of the Suffolk County Code §8-2) 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 ONE MILLION FIFTY THOUSAND FIVE HUNDRED and 00/100
DOLLARS ($1,050,500.00 ±) more or less, based on the representation of the SELLER that the
Premises contain 19.10 ± acres of cropland, the development rights of which are valued at
FIFTY FIVE THOUSAND and 00/100 DOLLARS ($55,000.00) 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, any land as to which any other person or the public may have any
rights, any wetlands, riparian lands, littoral lands, and/or body of water, but title to the
Development Rights to all such areas as the SELLER may have shall, nevertheless, be conveyed
to the PURCHASER. The price will be adjusted to the actual acreage to be determined by a
survey, as set forth below. PURCHASER will have the premises surveyed by a professional
engineer or licensed land surveyor of its choice, at its expense, to determine the actual acreage of
the area suitable for agricultural production. If the SELLER is dissatisfied with the
PURCHASER'S survey, SELLER 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 SELLER and
PURCHASER. If SELLER survey or a third survey is secured, the re-computation of acreage to
determine purchase price shall not include land contained in the bed of any easement, public
road, private road, any land as to which any other person or the public may have any rights, any
wetlands, riparian lands, littoral lands, and/or body of water, but title to the Development Rights
to all such areas as the SELLER may have shall,nevertheless, be conveyed to the PURCHASER.
There shall be no other adjustments or apportionments. At the option of the SELLER to be
exercised by SELLER at least sixty (60) days before closing by a written notice to
PURCHASER, one half of the aforesaid price for the total acreage as noted above shall be
payable by Suffolk County check at the time of closing, and one half thereof shall be paid the
calendar year next subsequent to closing by January 31st thereof, as provided herein including
but not limited to paragraph 8 of this agreement. No interest shall be payable by the
PURCHASER on the unpaid balance of the purchase price, but SELLER shall deliver a deed to
the entire Premises at closing, and shall await payment of the balance without security in the
Premises. If SELLER shall fail to notify PURCHASER as herein set forth, the entire purchase
price shall be paid at closing.
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5. The deed shall be in the form approved by the Suffolk County Attorney, and shall
be duly executed and acknowledged so as to convey to the PURCHASER the Development
Rights of the said Premises, free of all liens and encumbrances, except as herein stated.If the
SELLER is a corporation, they will deliver to the PURCHASER at the time of the
delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and
delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation
certifying such resolution and setting forth facts showing that the conveyance is in conformity
with the requirements of Section 909 of the Business Corporation Law. The deed in such case
shall contain a recital sufficient to establish compliance with said section. A sample Deed of
Development Rights is annexed hereto as Exhibit"A".
6. Any sums paid on account of this contract and the reasonable expenses of the
examination of the title to said premises and of the survey, if any, made in connection therewith
are hereby made liens on said premises, but such liens shall not continue after default by the
PURCHASER under this contract.
7. A. Subdivision shall be defined as the division of the land covered by the
development rights into two or more parcels in whole or in part.
B. The SELLER covenants and agrees that the underlying fee title retained
by the SELLER may not be subdivided into plots by the filing of a subdivision map pursuant to
§§276 and 277 of the Town Law and/or §335 of the Real Property Law, without the written
recordable consent of PURCHASER.
C. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable consent of the
PURCHASER.
D. Any subdivided parcels would be subject to the requirement that they be
used for agricultural production as defined herein. Subdivision shall not include the right to
construct any new structures or relocate any existing structures, except as would otherwise be
permitted herein.
E. Pursuant to Suffolk County Code §8-4(G)(2) and Suffolk County
Administrative Code §A40-6, a proposed subdivision shall be reviewed by the Farmland
Committee and its recommendation shall be forwarded to the County Legislature for further
consideration.
F. If Federal grants and/or funds are used and/or reimbursed to the
PURCHASER for this acquisition, the following sub-paragraphs shall apply:
(1) Lots created by the proposed subdivision shall remain viable for
agricultural production, either individually or as part of an established farming
operation.
(2) The United States Secretary of Agriculture shall be notified prior
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to granting such permission for a subdivision.
The provisions of this section shall survive delivery of the instrument of conveyance and
shall be considered a covenant running with the land in perpetuity and shall be binding upon the
SELLER, 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 SELLER'S obtainment of consents and permits, if necessary, as may be required by any
federal, state or local agency having jurisdiction; (f) an environmental audit of the premises
showing the premises to be free of contamination from toxic and/or hazardous substances; (g)
Suffolk County Administrative Code Section A40-4(N) attached hereto as Exhibit "I", which
states, in effect, that transfer of title to this parcel or interest therein shall take place within two
years after the effective date of the County resolution authorizing acquisition of the same; (h)
that in the event consideration is to be given to an application affecting an interest in this
acquisition which application has,or will be made by the SELLER for a special permit, variance,
municipal zoning, or subdivision plat, Suffolk County Administrative Code A35-3(D) 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 1070 of the Suffolk County Regulatory Local Laws, as amended by Resolution No.
265-2013, and further as the same may be amended and/or superseded; (k) the passage of a
resolution by the Suffolk County Legislature approving the COUNTY OF SUFFOLK'S
acquisition of the development rights to the Premises; and (1) the COUNTY OF SUFFOLK
obtaining and receiving the necessary funding for this acquisition. In the event said funding is
not received the COUNTY OF SUFFOLK shall terminate this contract and thereafter none of the
parties shall have any further rights against or obligations to the other by reason of this
agreement.
9. The PURCHASER may make its determination of whether the premises are free
from all encumbrances, on the basis of their own examination of the title, or that of its agents, or
a title report of a member company of the New York Board of Title Underwriters, and may
require the SELLER to clear title exceptions raised to the satisfaction of the PURCHASER and
PURCHASERS' title company.
10. If, at the date of closing, there may be any other liens or encumbrances which the
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SELLER is obligated to pay and discharge, the SELLER may use any portion of the balance of
the purchase price to satisfy the same, provided the SELLER shall simultaneously either deliver
to the PURCHASERS at the closing of title instruments in recordable form and sufficient to
satisfy such liens and encumbrances of record, together with the cost of recording or filing said
instruments. The SELLER agrees 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, agree to provide at the closing separate
checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of
any such liens or encumbrances. The existence of any such taxes or other liens and
encumbrances shall not be deemed objections to title if the SELLER shall comply with the
foregoing requirements.
11. If a search of the title discloses judgments, •bankruptcies or other returns against
other persons having names the same as or similar to that of the SELLER, the SELLER will on
request deliver to the PURCHASER an affidavit showing that such judgments, bankruptcies or
other returns are not against the SELLER. If the judgment, bankruptcy or other return(s) are
against the SELLER, the SELLER will cause such judgment, bankruptcy or other returns) to be
cleared to the satisfaction of PURCHASER'S title company and/or the County Attorney.
12. In the event that the SELLER is unable to convey title in accordance with the
terms of this contract, the sole liability of the SELLER 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 SELLER
nor PURCHASER shall have any further rights against the other.
13. The SELLER, simultaneously with the execution and delivery of this agreement,
has also delivered the required verified public disclosure statement for filing with the
CountyComptroller; a copy of that statement is attached. At the time of the closing,the SELLER
shall submit a current statement or a sworn statement that there have been no changes in interest
since the date of this agreement. Any evidence of a conflict of interest or prohibited contractual
relationship shall require approval of the contract and sale by the Supreme Court of the State of
New York. The public disclosure documents are annexed hereto as Exhibit"B".
14. The deed shall be delivered at the offices of Dennis M. Brown, Suffolk County
Attorney, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100,
Hauppauge, New York, 11788 or at such other place as may be agreed upon by the parties, at
10:00 o'clock in the forenoon, on or about ninety (90) days from the date of a fully executed
Authorizing Resolution of the Suffolk County Legislature approving the acquisition of the
Premises, subject to the receipt of a final survey guaranteed to the PURCHASER, pursuant to
paragraph 4 herein.
15. The parties agree that no broker brought about this sale and the SELLER agrees to
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hold the COUNTY OF SUFFOLK harmless and to indemnify PURCHASER for any claims for
broker's commissions with respect to of this transaction.
16. The SELLER herein agrees 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 SELLER further agrees 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. The SELLER agrees to
provide duly executed Internal Revenue Service Form W-9 and to sign such proper vouchers for
the closing check(s) as may be requested by the respective municipalities and their officers at
least twenty (20) days prior to the date fixed for closing, i.e., claim vouchers, closing documents,
etc. SELLER acknowledges that a delay in the delivery of the W-9 or other forms may result in
the delay of the scheduled closing date. This requirement shall survive the closing of title and
delivery of the deed.
18. The SELLER represents that the premises are agricultural land used for bona fide
agricultural production as defined herein. At no time has the premises been used for the
generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal
site. Moreover, there are not now, nor have there ever been, underground storage tanks on the
premises.
19. The SELLER represents 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 SELLER'S ownership or use of the premises.
20. The SELLER represents that no consent or approval is needed from any
governmental agency for the transfer of the development rights from SELLER to
PURCHASERS, and neither the execution of this agreement, nor the closing of title, will violate
any Environmental Law.
21. These representations and warranties contained in paragraphs 2, 18, 19, 20, 21,
22, 23 & 24 shall survive the closing, shall be binding upon SELLER and the successors and
assigns, and shall inure to the benefit of PURCHASER and its successors and assigns.
22. The SELLER covenants and agrees that they will:
(a) Not generate, store or dispose of hazardous substances on the premises,
nor allow others to do so;
(b) Comply with all Environmental Laws;
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(c) Allow PURCHASER and its agent's reasonable access to the premises for
the purposes of ascertaining site conditions and for inspection of the premises for
compliance with this agreement.
(d) Where Federal grants and/or funds are used and/or reimbursed to the
PURCHASERS for this acquisition, representatives of the United States Department
of Agriculture shall also have the right to enter the property for monitoring
conservation plan implementation.
This covenant shall run with the land in perpetuity and the provisions of this paragraph shall
survive the delivery of any instrument of conveyance pursuant to this agreement.
23. The SELLER covenants and agrees 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 SELLER 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 SELLER, either prior to or subsequent to the closing of title herein; (3) any
action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or
other remedy by reason of a violation or non-compliance with any environmental law; or the
disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to
any chemical substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the execution of the deed of
development rights; or (4) the acts or omissions or negligence of the SELLER. This covenant
shall run with the land in perpetuity and the provisions of this paragraph shall survive the
delivery of any instrument of conveyance pursuant to this agreement.
23A. IF Federal grants and/or funds are used and/or reimbursed to the PURCHASER
for this acquisition of Development Rights, the United States of America shall also be deemed to
be an indemnified party under the indemnification as stipulated in Paragraph 24 herein, and the
SELLER shall also indemnify the PURCHASER and the United States of America as to the
following:
SELLER warrants that it is in compliance with and shall remain in compliance with,
all applicable Environmental Laws. SELLER warrants that there are no notices by any
governmental authority of any violation or alleged violation of, non-compliance or alleged non-
compliance with any liability under any Environmental Law relating to the operations or
conditions of the Premises. SELLER further warrants that it has no actual knowledge of a release
or threatened release of any Hazardous Materials, as such substances and wastes are defined by
applicable federal and state law.
Moreover, SELLER hereby promises to hold harmless, defend and indemnify the
PURCHASER and hold harmless and indemnify the United States against all litigation, claims,
demands,penalties and damages, including reasonable attorney's fees, arising from or connected
with the release of any Hazardous Materials on, at, beneath or from the Premises, or arising from
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or connected with a violation of any Environmental Laws by the SELLER or any other prior
owner of the Premises. SELLER'S indemnification obligations shall not be affected by any
authorizations provided by SELLER to PURCHASER with respect to the Premises or any
restoration activities carried out by PURCHASER at the Premises, provided, however, that
PURCHASER shall be responsible for any Hazardous Materials contributed after this date to the
Premises by PURCHASER.
"Environmental Law" or "Environmental Laws" means any and all Federal, state,
local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing standards of
liability or standards of conduct (including common law) concerning air, water, solid waste,
hazardous materials, worker and community right-to-know, hazardous communication, noise,
radioactive material, resource protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land use as may now or at any
time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste
oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances,toxic
chemicals,radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment. The term "Hazardous Materials" shall not include agrochemicals such as
fertilizers, pesticides, herbicides, and fungicides used in connection with sound agricultural
management practices of the NRCS.
The preceding four paragraphs shall constitute covenants which shall run with the land in
perpetuity.
24. (a) The SELLER has been advised that Federal grants and/or funds may be
used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree
to abide by the following language, where applicable because Federal funds have been or will be
received.
(I) Enforcement Rights in the United States of America:
In the event that the PURCHASERS fail to enforce any of the terms of this Deed
of Development Rights, as determined in the sole discretion of the Secretary of
the United States Department of Agriculture, the said Secretary of Agriculture and
his or her successors and assigns shall have the right to enforce the terms of the
Deed of Development Rights through any and all authorities available under
Federal or State law.
(ii) SELLER 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. As such the following paragraphs shall be incorporated into the Deed of
Development Rights:
(A) As required by section 1238I of the Food Security Act of 1985, as
amended, the SELLER, their heirs, successors,or assigns, shall conduct
all agricultural operations on the Premises in a manner consistent with a
conservation plan prepared in consultation with NRCS and approved by
the Conservation District. This conservation plan shall be developed using
the standards and specifications of the NRCS Field Office Technical
Guide and 7 CFR part 12 that are in effect on the date of the Deed of
Development Rights. However, the SELLER may develop and implement
a conservation plan that proposes a higher level of conservation and is
consistent with the NRCS Field Office Technical Guide standards and
specifications. NRCS shall have the right to enter upon the Premises, with
advance notice to the SELLER, in order to monitor compliance with the
conservation plan.
(B) In the event of noncompliance with the conservation plan, NRCS
shall work with the SELLER to explore methods of compliance and give
the SELLER a reasonable amount of time, not to exceed twelve months,to
take corrective action. If the SELLER does not comply with the
conservation plan, NRCS will inform PURCHASER of the SELLER'S
noncompliance. The PURCHASER shall take all reasonable steps
(including efforts at securing voluntary compliance and, if necessary,
appropriate legal action) to secure compliance with the conservation plan
following written notification from NRCS that (a) there is a substantial,
ongoing event or circumstance of non-compliance with the conservation
plan, (b) NRCS has worked with the SELLER to correct such
noncompliance, and (c) SELLER has exhausted their appeal rights under
applicable NRCS regulations.
(C) If the NRCS standards and specifications for highly erodible land
are revised after the date of this Grant based on an Act of Congress,
NRCS will work cooperatively with the SELLER to develop and
implement a revised conservation plan. The provisions of this section
apply to the highlyerodible 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 SELLER
may be or become subject.
(iii) Restriction on future land use shall apply and, as such, the following paragraphs
shall all be incorporated into the Deed of Development Rights:
(1) Impervious surfaces are permanent, non-seasonal rooftops,
concrete and asphalt surfaces. Impervious surfaces include
residential buildings, agricultural buildings (with and without
flooring), and paved areas.
9
(2) Impervious surfaces shall not exceed two (2) percent of the total
acreage of the Premises, unless the United States of America
grants a waiver above the two (2) percent limitation. Such waiver
may permit impervious surfaces to exceed two (2) percent but in
no instance shall such wavier permit impervious surfaces to exceed
ten (10) percent of the total acreage of the Premises. Conservation
Practices listed in the Field Office Technical Guide are exempt
from the impervious cover limitation.
(iv) The PURCHASER agrees that they will not at any time, when they are named as
Grantees in the Deed of Development Rights, seek to acquire the remaining fee
interest in the Premises. Likewise, if the PURCHASER enters into an agreement
with another entity to manage/monitor the Premises, and the entity seeks to
acquire the underlying fee, the PURCHASERagrees to immediately terminate
such a relationship and arrange for an uninterested party to manage/monitor the
Premises.
(v) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER
any amendments to the Deed of Development Rights shall be authorized by the
United States of America.
(b) The SELLER has been advised that State grants and/or funds may be used
and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to
abide by the following language, where applicable because State funds have been or will be
received.
(i) After the development rights have been acquired by the
PURCHASER, any amendments to this Agreement/Easement shall be
authorized by the N.Y.S. Department of Agriculture and Markets.
Any and all of the above covenants shall run with the land in perpetuity, and the provisions of
this paragraph shall survive the delivery of any instruments of conveyance pursuant to this
agreement,and further shall be incorporated into any instruments of conveyance.
25. At the closing of title hereunder, if the SELLER is not a foreign person as that
term is defined in Internal Revenue Service Code 1445(f)(3) and the regulations issued
thereunder, SELLER shall deliver to PURCHASER a non-foreign affidavit. In the event that the
SELLER is such a foreign person, or in the event that PURCHASER have actual knowledge that
the non- foreign affidavit is false, then PURCHASER shall deduct, withhold and deliver to the
Internal Revenue Service a tax equal to ten (10%) percent of the purchase price of such amount
as has been provided for in a Treasury Department qualifying statement.
26. It is understood and agreed that all understandings and agreements had between
the parties hereto are merged in this contract, which, with the exhibits, fully and completely
expresses their agreement, and that the same is entered into after full investigation, neither party
relying upon any statement or representation,not embodied in this contract, made by the other.
10
.
27. Local Law #32-1980 - The SELLER represents and warrants that they have not
offered or given any gratuity to any official, employee, or agent of Suffolk County, New York
State, or of any political party, with the purpose or intent of securing favorable treatment with
respect to the performance of an agreement, and that such persons have read and are familiar
with the provisions of Local Law#32-1980, annexed hereto as Exhibit "C".
28. A copy of Chapter 8 of the Suffolk County Code, annexed hereto as Exhibit "E",
is incorporated by reference herein and made a part hereof, and the SELLER agrees and
acknowledges that they and their heirs, legal representatives, successors, assigns and/or party or
parties in lawful possession of the Premises,pursuant to lease, license or other arrangement shall
be bound thereby by all 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.
29. It is understood and agreed by and between the parties to this contract that if the
SELLER has retained or will retain certain portions of his property and exclude said portions
from this sale to the COUNTY OF SUFFOLK, then the SELLER does hereby further covenant
and agree that no application for the erection of a residential dwelling will be made to the
PURCHASER as to those areas not retained by the SELLER and which are the subject of the
development rights purchase, by themselves or their heirs, successors or assigns. Said covenant
shall run with the land in perpetuity and the provisions of this paragraph shall survive the
delivery of any instruments of conveyance pursuant to this agreement.
30. The SELLER acknowledges 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 SELLER, 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 SELLER agrees and executes 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, SELLER agrees, upon their execution of this
contract, to also execute such a document advising the PURCHASER of the SELLER's 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
11
e ,
provisions of this paragraph shall survive the closing and the delivery of any instrument of
conveyance issued pursuant to this agreement.
32. Pursuant to Chapter 8 of the Suffolk County Code §8-8, §8-9, §8-10, §8-11, §8-
12, and §8-13 improvements to the 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 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.
33. The (I) 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 SELLER. 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. Section 301 of the Agriculture and
Markets Law is annexed hereto as Exhibit"D".
(b) Use of the premises for more than deminimis commercial recreational
12
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.
The provisions of this paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
35. (a) Pursuant to Chapter 8 of the Suffolk County Code §8-14(C) 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 §8-14(P) no person (as
same is defined in Suffolk County Code §8-2) 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 issued by the Farmland Committee.
The provisions of this paragraph shall survive the delivery of any instrument of conveyance
pursuant to this agreement.
36. Any amendments to this Contract and the subject deed shall be in writing and
executed in recordable form by the SELLER and the PURCHASERS. 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 SELLER file a return and pay their estimated "personal
income tax liability on the gain, if any, from such sale or transfer." Said section also states that
no deed shall be recorded by any recording officer absent such a certification by the
commissioner or a certification by the transferor that this section is inapplicable to the sale or
transfer. SELLER agrees 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.
13
40. If two or more persons constitute either the SELLER or the PURCHASER, the
word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLERS" or
"PURCHASERS" whenever the sense of this agreement so requires.
41. This agreement supersedes a prior agreement between the parties in which the
SELLER was to sell, and the PURCHASER was to purchase, full fee ownership of the Premises.
Pursuant to this amended agreement, the-SELLER will retain farming rights as herein before set
forth.
-Signatures on Following Page-
-Balance of Page Intentionally Blank-
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- F~ R
•
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•
Y
FI
14
IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto.
IN PRESENCE OF:
COUNTY OF SUFFOLK-PURCHASER
41/A-
B : `
Y
IRENE C. VITTI- SELLER
Name: a , ,,
Date: 1/f47/-5
Title:
•
Deputy County Executive
Date: 4.41/40,4s-
Approved
8/ap/.S
Approved as to Form:
De . Brown, Esq. APPROVED:
C Atto my
� 13�
y: Robert A. Bra S sq. . f/2///S L ROSEN-N OIL F
Deputy Bureau Chief D rector aMesa s fade
Municipal Law Bureau/Real Estate- ivision of Real Property Acquisition
Condemnation and Management
Department of Law Department of Economic Development
and Planning
15
STATE OF NEW YORK )
) ss.:
COUNTY OF B.uk.EfP5 )
On the (c day of JAn Oct(k6- , in the year 2015, before me, the undersigned,
personally appearedIrene C.Vitti, 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.
JEE WON JUN G York
Nary Public,State
No.02WU6271868 - 4
Qualified In Queens County S ! d Office o vidual
Commission Expires November 05,2016 Take' ni n: cknowledgment
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the/rday of\./41 A-4 ,in the year 2015,before me,the undersigned,
personally appearedMemis 4•Colt 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.
VIVIAN R. KEYS
NOTARY PUBLIC-STATE OF NEW YORK / L-
No. O1iKE6168764
Qualified In.Sutfolk CounfY,,� Signature and Office of victu
in al
�'"' Taking Acknowledgment
my Commission ExPfret Jus!e IL
02Dj9
16
ipla ADVANTAGE TITLE I SCHEDULE A
Amended 12/14/2015
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,being bound and described as follows:
BEGINNING at a point on the Northerly side of Middle Road (CR 48) said point being 25.34
feet Westerly from the land now or formerly of Pindar Vineyards LLC, said point being 894
feet more or less Westerly from the end of a curve connecting the Westerly side of Horton's
Lane with the Northerly side of Middle Road(CR 48);.
RUNNING THENCE South 67 degrees 55 minutes West along the Northwesterly side of
Middle Road,(CR 48)450.04 feet to the land of Venetis;
THENCE along said land now or formerly of Venetis the following four (4) courses and
distances:
1. North 36,degrees 00 minutes 10 seconds West;923.70 feet;
2..North 36 degrees 51 minutes 50 seconds West,368.31 feet;
3. North 48 degrees 57 minutes 50 seconds West, 204.46 feet;
4. North 44 degrees 21 minutes 40 seconds West, 308.00 feet to the land now or formerly
of Luhrs;
THENCE along said land of Luhrs, North 45 degrees 33 minutes 40 seconds West, 270.77
feet to the land now or formerly of Town of Southold;
THENCE along said land now or formerly of Town of Southold,the following three (3) courses
and distances:
•
1. North 66 degrees 25 minutes 20 seconds East, 316.41 feet;
2.South 29 degrees 48 minutes 40 seconds East,.324.30 feet;
3. North 48 degrees 24 minutes 20 seconds East, 245.97 feet to the lands now or formerly
of Pindar Vineyards, LLC;
THENCE South 42 degrees 04 minutes 40 seconds East, a distance of 1226.90 feet to a
point;
The policy to be issued under this report will insure the tide to such buildings and improvements erected on the
FOR premises which by law constitute real property.
•NVEYANCING
i '► ONLY TOGETHER with all the right,tide and interest of the party of the first part,of,in and to the land lying in the
street in front of and adjoining said premises.
! 1I i1 E#i5-CS-48880
•
'TA ADVANTAGE TITLE I SCHEDULE A (CONT.)
Amended 12/14/2015
THENCE South 58 degrees 27 minutes 40 seconds West, a distance of 275.00 feet along
lands to be conveyed to the County of Suffolk;
THENCE South 31 degrees 32 minutes 20 seconds East, a distance of 275.00 feet to a
point;
THENCE North 58 degrees 05 minutes 54 seconds East, a distance of 250.01 feet to a
point;
THENCE South 31 degrees 32 minutes 20 seconds East, a distance of 315.00 feet to the
point and place of BEGINNING.
Excepting therefrom the following described parcel being the bed of the PSEG easement
area which crosses the parcel:
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, being bound and described as follows:
BEGINNING at a point distant the following two (2) courses and distances from a point on
the Northerly side of Middle Road (CR 48) said point being 25.34 feet Westerly from the
land now or formerly of Pinder Vineyards LLC, said point being 894 feet moreor less
Westerly from the end of a curve connecting the Westerly side of Horton's Lane with the
Northerly side of Middle Road (CR 48);
1. RUNNING THENCE South 67 degrees 55 minutes West along the Northwesterly side of
Middle Road, (CR 48)450.04 feet to the land now or formerly of Venetis;
THENCE along said land now or formerly of Venetis; North 36 degrees 00 minutes 10
seconds West, 892.62 feet to the Southerly line of a 50 foot wide PSEG easement,the point
of true beginning;
THENCE along said land now or formerly of Venetis, North 36 degrees 00 minutes 10
seconds West,24.79 feet;
THENCE-still along said land now or formerly of Venetis, North 36 degrees 51 minutes 50
seconds West,26.04 feet to the Northerly line of a 50 foot wide PSEG easement;
4
The policy to be issued omits this report will "t • . .title to such buildings and improvements erected on the
FOR premises which by law constitute real pro
CONVEYANCING
ONLY TOGETHER with all the right,dile and interest of the party of the first part,of;in and to the land lying in tbe.
street in front of and adjoining said premises.
TITLE 11E-CS-48680
I!1 ADVANTAGE TITLEI SCHEDULE A (ONT.)
Amended 12/14/2015
•
THENCE along said Northerly line of a 50 foot wide PSEG easement, North 63 degrees 43
minutes 46 seconds East,472.99 feet to land now or formerly of Pindar Vineyards LLC;
THENCE along said land now or formerly of Pindar Vineyards LLC, South 42 degrees 04
minutes 40 seconds East, 51.97 feet to the Southerly line of a 50 foot..wide PSEG
easement;
THENCE South 63 degrees 43 minutes 46 seconds West along said Southerly line of a 50
foot wide PSEG easement,478.19 feet to the paint or place of BEGINNING.
•
The policy to be issued under this report will insure the title to such buildings and improvemetda erected on the
FOR premises which by law constitute real property.
CONVEYANCING
ONLY TOGETHER with all the right,title and interest of the party of the first part.of,In and to the land lying in the
street in front of and adjoining said premises.
TITLE#15-CS-48680
EXHIBITS ANNEXED TO CONTRACT
FOR THE
PURCHASE OF DEVELOPMENT RIGHTS
A. Sample Deed of Development Rights
B. Public Disclosure Statement
C. Copy of Local Law 32-1980
D. Copy of§301 of the Agriculture and Markets Law
E. Copy of Chapter 8 of the Suffolk County Code, as amended
F. Offer Letter
G. Description of Property
H. Tax Map
I. Suffolk County Administrative Code Section A40-4(N)
J. Copy of§305 of the Agriculture and Markets Law
K. Form in compliance with Agriculture and Markets Law §305(4)
18
•
SAMPLE DEED
OF
DEVELOPMENT RIGHTS
THIS INDENTURE,made the day of , 201_
BETWEEN , residing at
and residing at hereinafter described as
the PARTY OF THE FIRST PART,
AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York,
having its principal offices at the Suffolk County Center, Center Drive, Riverhead, New York
11901, PARTY OF THE SECOND PART,
WITNESSETH, that pursuant to Chapter 8 of the Suffolk County Code, and in
accordance with Resolution No. 867-2010, as amended,and Resolution No. -201 of the
Suffolk County Legislature,
(If authorized pursuant to another program(s), add the following): and
(If Suffolk County New Drinking Water Protection Program -Farmland): Article XII of the
Suffolk County Charter, as amended and effective December I, 2007...
(If Multi-Faceted-Farmland): the Multi-Faceted Land Preservation Program, Resolution No.
459-2001 (5th RESOLVED clause ...
(If Land Preservation Partnership-Farmland): the Land Preservation Partnership Program,
Resolution Nos. 751-1997; 652-1998; and 375-1999...
that the PARTY OF THE FIRST PART, in consideration of and 00/100
DOLLARS and other good and valuable consideration paid by the PARTIES
OF THE SECOND PART, DO HEREBY GRANT AND RELEASE unto the PARTIES OF THE
SECOND PART,the successors and assigns of the PARTIES OF THE SECOND PART forever,
THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right,as
authorized by §247 of the New York State General Municipal Law, as amended, and Local Law
No. 52-2010 of the County of Suffolk, as amended, to permit,require or restrict the use of the
premises exclusively for agricultural production as that term is defined in Local Law 52-2010 of
the County of Suffolk,as amended, and the right to preserve open space as that term is defined in
§247 of the New York State General Municipal Law, as amended, and the right to prohibit or
restrict the use of the premises for any purpose other than agricultural production,to the property
described as follows:
ALL that piece or parcel of land, situated in the Town of , County of
Suffolk, and State of New York, more particularly bounded and described as follows: (see
description annexed hereto and made a part hereof, said property to be referred to hereafter as the
"Premises"):
EXHIBIT"A"
1
•
•
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 PARTIES OF THE SECOND PART, its successors and assigns, forever;
AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST
PART has not done or suffered anything whereby the said premises have been encumbered in
any way whatever, except as aforesaid. The PARTYOF THE FIRST PART,as a covenant
running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST
PART, and their heirs, legal representatives, successors, assigns and/or party or parties in lawful
possession of the premises subject to this deed of development rights, pursuant to lease, license,
or other arrangement,to use of the premises on and after the date of this instrument solely for the
purpose of agricultural production,as same is defined in Chapter 8 of the Suffolk County Code,
as amended;
THE Development Rights conveyed herein are subject to the further terms and provisions
as set forth in a certain contract of sale between the PARTIES hereto dated as the same
is intended to be recorded in the office of the Suffolk County Clerk prior in time to this deed,
portions of which as contained therein have and will survive the delivery of this instrument of
conveyance.
THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights, pursuant to lease, license, or other arrangement, covenant and agree that it
will not remove any soil from the premises described herein. A purpose of this acquisition is to
protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on
the premises consists of prime/unique/important soil. This covenant shall run with the land in
perpetuity.
THE PARTY OF THE FIRST PART, their heirs, legal representatives,successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights,pursuant to lease, license, or other arrangement,covenant and agree that they
will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others
to do so; (b) comply with all Environmental Laws; (c)allow PARTY OF THE SECOND PART
and its agents reasonable access to the premises for the purposes of ascertaining site conditions
and for inspection of the premises for compliance with this agreement. Where Federal grants
and/or funds are used and/or reimbursed to the PARTY OF THE SECOND PART for this
acquisition, representatives of the United States Department of Agriculture shall also have the
right to enter the property as stated in subparagraph(c) herein. This covenant shall run with the
land in perpetuity.
THE following covenants shall run with the land in perpetuity and shall be deemed
applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for
the purchase of the Development Rights of the Premises:
2
(i) Enforcement Rights in the United States of America:
In the event that the PARTIES OF THE SECOND PART fail to
enforce any of the terms of this Deed of Development Rights, as
determined in the sole discretion of the Secretary of the United States
Department of Agriculture, the said Secretary of Agriculture and his
or her successors and assigns shall have the right to enforce the terms
of the Deed of Development Rights through any and all authorities
available under Federal or State law.
(ii) PARTY OF THE FIRST PART covenants to manage the property in
accordance with a conservation plan that is developed utilizing the
standards and specifications of the NRCS field office technical guide
and 7 C.F.R., Part 12, and is approved by the Conservation District.
(A) As required by section 1238I of the Food Security Act of 1985, as
amended, the PARTY OF THE FIRST PART,their heirs,
successors, or assigns, shall conduct all agricultural operations on
the Protected Property in a manner consistent with a conservation
plan prepared in consultation with NRCS and approved by the
Conservation District. This conservation plan shall be developed
using the standards and specifications of the NRCS Field Office
Technical Guide and 7 CFR part 12 that are in effect on the date of
the Deed of Development Rights. However, the PARTY OF THE
FIRST PART may develop and implement a conservation plan that
proposes a higher level of conservation and is consistent with the
NRCS Field Office Technical Guide standards and specifications.
NRCS shall have the right to enter upon the Protected Property,
with advance notice to the PARTY OF THE FIRST PART, in
order to monitor compliance with the conservation plan.
(B) In the event of noncompliance with the conservation plan, NRCS shall
work with the PARTY OF THE FIRST PART to explore methods of
compliance and give the PARTY OF THE FIRST PART a reasonable
amount of time, not to exceed twelve months,to take corrective action. If
the PARTY OF THE FIRST PART do not comply with the conservation
plan,NRCS will inform the PARTIES OF THE SECOND PART of the
PARTY OF THE FIRST PART'S noncompliance. The PARTIES 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
3
circumstance of non-compliance with the conservation plan, (b) NRCS has
worked with the PARTY OF THE FIRST PART to correct such
noncompliance, and (c)the PARTY OF THE FIRST PART has exhausted
their appeal rights under applicable NRCS regulations.
(C) If the NRCS standards and specifications for highly erodible land are
revised after the date of this Grant based on an Act of Congress,NRCS
will work cooperatively with the PARTY OF THE FIRST PART to
develop and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of the
Farm and Ranch Lands Protection Program and are not intended to affect
any other natural resources conservation requirements to which the
PARTY OF THE FIRST PART may be or become subject.
(iii) The following restriction on future land use shall apply:
(I) Impervious surfaces are permanent, non-seasonal rooftops,
concrete and asphalt surfaces. Impervious surfaces include
residential buildings,agricultural buildings(with and without
flooring),and paved areas.
(2) Impervious surfaces shall not exceed two(2)percent of the total
acreage of the Protected Property, unless the United States of
America grants a waiver above the two (2)percent limitation.
Such waiver may permit impervious surfaces to exceed two (2)
percent but in no instance shall such wavier permit impervious
surfaces to exceed ten (l 0) percent of the total acreage of the
Protected Property. Conservation Practices listed in the Field
Office Technical Guide are exempt from the impervious cover
limitation.
(iv) The PARTIES OF THE SECOND PART agree that they will not at any time seek
to acquire the remaining fee interest in the Premises. Likewise, if the PARTIES
OF THE SECOND PART enter into an agreement with another entity to
manage/monitor the Premises, and the entity seeks to acquire the underlying fee,
the PARTIES OF THE SECOND PART agree to immediately terminate such a
relationship and arrange for an uninterested party to manage/monitor the
Premises.
(v) After the DEVELOPMENT RIGHTS have been acquired by the
PARTIES OF THE SECOND PART any amendments to the Deed
of Development Rights shall be authorized by the United States of
America.
THE following covenant shall run with the land in perpetuity and shall be deemed
applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND
4
•
PART for the premises:
(i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY
OF THE SECOND PART, any amendments to this Deed of Development
Rights shall be authorized in writing by the N.Y.S. Department of Agriculture
and Markets.
THE PARTY OF THE FIRST PART, their heirs, legal representatives,successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights, pursuant to lease, license,or other arrangement, covenant and agree that they
shall defend, indemnify and hold the PARTIES OF THE SECOND PART and any of its officers,
agents, employees, and, their respective successors and assigns, harmless from and against any
and all damages, claims, losses, liabilities and expenses, including, without limitation,
responsibility for legal, consulting, engineering and other costs and expenses which may arise out
of(1)any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF
THE FIRST PART in the subject agreement and/or this deed; (2)the breach or non-performance
of any covenants required by the subject agreement and/or this deed to be performed by the
PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein; (3)
any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action,
or other remedy by reason of a violation or non-compliance with any environmental law; or the
disposal,discharge or release of solid wastes, pollutants or hazardous substances;or exposure to
any chemical substances, noises or vibrations to the extent they arise from the ownership,
operation, and/or condition of the premises prior to or subsequent to the execution of the deed of
development rights; or (4)the acts or omissions or negligence of the PARTY OF THE FIRST
PART. This covenant shall run with the land in perpetuity.
IF Federal grants and/or funds are used and/or reimbursed to the PARTIY OF THE
SECOND PART for this acquisition of Development Rights,the United States of America shall also
be deemed to be an indemnified party under the indemnification as stipulated in the preceding
paragraph, and the PARTY OF THE FIRST PART shall also indemnify the PARTY OF THE
SECOND PART and the United States of America as to the following four paragraphs:
PARTY OF THE FIRST PART warrants that it is in compliance with and shall remain in
compliance with,all applicable Environmental Laws. PARTY OF THE FIRST PART warrants that
there are no notices by any governmental authority of any violation or alleged violation of, non-
compliance or alleged non-compliance with any liability under any Environmental Law relating to
the operations or conditions of the Premises.PARTY OF THE FIRST PART further warrants that it
has no actual knowledge of a release or threatened release of any Hazardous Materials, as such
substances and wastes are defined by applicable federal and state law.
Moreover,PARTY OF THE FIRST PART,their heirs,legal representatives,successors,
assigns and/or party or parties in lawful possession of the premises subject to this deed of
development rights,pursuant to lease,license,or other arrangement hereby promise to hold harmless,
5
defend and indemnify the PARTY OF THE SECOND PART and hold harmless and indemnify the
United States against all litigation, claims,demands, penalties and damages, including reasonable
attorney's fees,arising from or connected with the release of any Hazardous Materials on,at,beneath
or from the Premises,or arising from or connected with a violation of any Environmental Laws by
the PARTY OF THE FIRST PART or any other prior owner of the Premises. PARTY OF THE
FIRST PART' S indemnification obligations shall not be affected by any authorizations provided by
the PARTY OF THE FIRST PART to the PARTY OF THE SECOND PART with respect to the
Premises or any restoration activities carried out by PARTIES OF THE SECOND PART at the
Premises, provided, however,that the PARTY OF THE SECOND PART shall be responsible for
any Hazardous Materials contributed after this date to the Premises by the PARTY OF THE
SECOND PART.
"Environmental Law"or"Environmental Laws"means any and all Federal,state,local
or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or
requirements of any governmental authority regulating or imposing standards of liability or standards
of conduct(including common law)concerning air,water,solid waste,hazardous materials,worker
and community right-to-know, hazardous communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health protection and similar
environmental health,safety,building and land use as may now or at any time hereafter be in effect.
"Hazardous Materials"means any petroleum,petroleum products,fuel oil,waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals,
hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic
chemicals, radioactive materials, infectious materials and any other element, compound, mixture,
solution or substance which may pose a present or potential hazard to human health or the
environment. The term"Hazardous Materials"shall not include agrochemicals such as fertilizers,
pesticides, herbicides, and fungicides used in connection with sound agricultural management
practices of the NRCS.
The preceding four paragraphs shall constitute covenants which shall run with the land in
perpetuity.
THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the sense
of this indenture so requires.
6
IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly executed this
deed the day and year first above written.
In Presence Of:
(Name)
@Use if being signed by a corporation
(Corp. name if applicable)
By:
(Name)
(Title, if applicable)
Acknowledgment - (PARTY OF THE FIRST PART)
STATE OF )
) ss.:
COUNTY OF )
On the day of , in the year 201_, before me, the undersigned,
personally appeared , personally known to me or proved
to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her capacity,and
that by his/her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signature and Office of Individual
Taking Acknowledgment
7
Record and Return to:
Division of Real Property
Acquisition and Management
H. Lee Dennison Bldg. -2nd Fl.
P.O. Box 6100 ,a
Hauppauge,New York 11788
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IRENE C.VITTI
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 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
re�e
C \Mt v po &x. 13371atilizik Niq ico E
Social Security No. Q 6 4 4a q
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
NDN
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
N)
President N D 1 )
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
NONe
2
f. 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
J\J O Ni
(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).
Governmental
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 Interest
NONE
3
j. 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.
NINE
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.
I rev►e C, U i -tti
4
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STATE OF NEW YORK )
)ss.:
COUNTY OF S LK )
On the /,-day of J VI'sart , in the year 2015;before me, the undersigned,
personally appeared Irene C.Vitti, 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 she executed the same in her capacity, and that by her signature on the
instrument,the individual,or the person upon behalf of which the individual acted, executed the
instrument.
11116,
S Mr and Of iltri dividual
Taking Acknowledgment
JEE WON JUNG
Notary Public,State of NewYork
No.02J1.16271868
Qualified In� NovemberBunty
05,2016
Commission
Exp
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Record and Return to:
,
Division of Real Property
Acquisition and Management
H.Lee Dennison Bldg. -2nd Fl.
P.O. Box 6100
Hauppauge,New York 11788
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RESOLUTION NO.1118-1980,ADOPTING LOCAL LAW
NO.32,YEAR 1980,A LOCAL LAW CONCERNING THE
OFFERING,GIVING OR RECEIVING OF A GRATUITY TO .
OR BY AN OFFICIAL OF A POLITICAL PARTY.
WHEREAS,there was duly presented and introduced to this County Legislature at a
regular meeting held on December 8, 1980,a proposal local law entitled "A LOCAL LAW
CONCERNING THE OFFERING,GIVING OR RECEIVING OF A GRATUITY TO OR BY
AN OFFICIAL OF A POLITICAL PARTY,"and said local law in final form is the same as
when presented and introduced;now,therefore,be it
RESOLVED,that the said local law be enacted in form as follows:
LOCAL LAW NO.32,YEAR 1980,SUFFOLK COUNTY,NEW YORK V
LOCAL LAW CONCERNING THE OFFERING,GIVING OR 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: V V
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 t4 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.
(b) 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 V
of Suffolk,securing favorable treatment with respect to the awarding or amending of such
agreement,or the making of any determination with respect to the performance of an agreement. .
EXHIBIT"C"
(b) It shall be a crime for an official of a political party to solicit,receive or accept a
gratuity in connection with securing or obtaining an agreement with the County of Suffolk,
securing favorable treatment with respect to the awarding or amending of such agreement or the
making of a determination with respect to the performance of such agreement. .
Section 3. Mandatory Contract Clause. In all agreements with the County of Suffolk,
made after the effective date of this Law,there shall be a written representation by the person
entering the agreement with the County that he has not offered or given any gratuity to any
official, employee or agent of Suffolk County,New York State,or of any political party,with the
purpose or intent of securing an agreement or securing favorable treatment with respect to the
awarding or amending of an agreement,or the making of any determinations with respect to the
performance of an agreement, and that such person hu read and is familiar with the provisions
of this Local Law,
Section 4. Penalties.
(a) Criminal. A violation of Section 2 of this Local Law shall be a Class A •
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 14100(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 is/ Peter F. Cohalan
County Executive of Suffolk County after a public hearing duly held
Date of Approval: December 23, 1980. Filed with the Secretary of State,January 5,1981
2
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• Mc Kinney's Agrladture and Markets Law § 301
•
Mddnney's Consolidated Laws of New York Annotated Lucent=
Agriculture and Markets Law JRefs &Annosl
'`I cbaoter 69. Of the Consolidated Laws
"ItArticle 25-M.Agricultural Districts(Refs&Annosl
Of 301.Definitions
When used In this article:
•
1. "Agricultural assessment value'means the value'per we assigned to land for assessment
purposes determined pursuant to the capitalized value of production procedure prescribed by of
three hundred four-4 of this article.
2. "Cops, 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. Vegetables, Including tomatoes, snap beans,cabbage, carrots, beets and onions.
d. Hortiaritural specialties, Induding nursery stock,ornamental shrubs,ornamental trees and flowers.
e. .Llvestoc k 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 bbmass, which means short rotation woody crops raised for bloenergy, and shall not Include'
farm woodland,
J. Apiary products,including honey, beeswax, royal Jelly, bee pollen, propolis,-package bees, nucs and
queens. For the purposes of this paragraph, "nuts"shall mean small honey bee colonies created from
larger colonies including the nuc box, which is a smaller version of a beehive, designed to hold up.to
five frames from en existing colony.
3. "Farm woodland'means land used for the production for sale of woodland products, Including but
not limited to logs,lumber, posts and firewood. Farm woodland shall not indude land used to produce
Christmas trees or land used for the processing or retail merchandising of woodland products.
4. "Land used in agricultural production"means not less than seven awes of land used as a single
operation In the preceding two years for the production for sale of crops, livestock or livestock
products of an average gross sales value of ten thousand dollars or more; or, not less than seven
aa-es 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 production shall not
include land or pardons thereof used for processing or retail merchandising of such apps, livestock or
livestock products. Land used in agricultural production shall also Include:
EXHI8IT "D'`
a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment,
a-i. Land used by a not-for-profit Institution for the purposes of agricultural research that is Intended
to improve the quality or quantity of crops, livestock or livestock products.Such land shallualt
fy
an agricultural assessment upon application made pursuant to paraoraoh (al of subdivision_one for
maiguirmummaye of this article, except that no minimum gross sales value shall be required.
b. Land of not less than seven acres used as a single operation for the production for sale of crops,
• livestock or livestock products, exclusive of woodland products, which does not independently Satisfy
the gross sales value requirement, where such land was used In such production for the preceding
two years and currently Is being so used under a written rental arrangement of five or more years In
conjunction with land which Is eligible for an agricultural assessment.
c. Land used In support of a farm operation or land used in agricultural production, constituting a
portion of a parcel,as identified on the assessment roll, which also contains land qualified for an
agricultural assessment. Such land shall indude land used for agricultural amusements which are
produced from mops grown or produced on the farm, provided that such crops are harvested and
marketed in the same manner as other crops produced on such farm. Such agricultural amusements
shall Include, but not be limited to, so-called"con mazes'or"hay bale mazes`.
•
d. Farm woodland which is part of land which is qualified for an agricultural assessment, provided,
however, that such farm woodland attributable to any separately described and assessed parcel shall
not exceed fifty aces.
e. Land set aside through partidpadon in a federal conservation program pursuant to title one of the
federal food security act of nineteen hundred eighty-five Mal or any subsequent federal
established for the purposes of replenishing highly erodible land which has been depleted by��ms
continuous tilling or reducing national surpluses of agricultural commodities and such land shall
qualify for agricultural assessment upon application made pursuant to paraoraoh a of subditslon
of section three hundred five of this article,except that no minimum gross sales value shall be one
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 precedin
two years for the production for sale of crops, livestock or livestock products of an average gross 9
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 livestodc products meet the gross sales requirements of
paragraph f of this subdivision.
h. Land that is owned or rented by a farm operation in Its first or second year of agricultural
production; or, in the case of a commercial horse boarding operation In Its first or second year of
operation, that consists of(1) not less than seven acres used as a single operation for the production
for sale of crops, livestock or livestock products of an annual gross sales value of ten thousand dollars
or more; or(2) less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products of an annual gross sales value of fifty thousand dollars or more; or (3)
land situated under a structure within which crops, livestock or livestock products are produced,
provided that such crops,livestock or livestock products have an annual gross sales value of(I) ten
thousand dollars or more, If the farm operation uses seven or more acres in agricultural production,
or(ii) 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
boarding operation with annual gross receipts of ten thousand dollars or more. a commercial horse
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.
K. Land used to support an apiary products operation which is owned by the operation and consists of
(I) not less than seven acres nor more than ten acres used as a single operation in the preceding two
years for the production for sale of crops, livestock or livestock products of an average grosssales
value of ten thousand dollars or more or(II) less than seven acres used as a single operation In the
preceding two years for the production for sale of crops, livestock or livestock products of an average
gross sales value of fifty thousand dollars or more. The land used to support an apiary products
•
operation shall Include, but not be limited to, the land under a structure within which apiary products
are produced, harvested and stored for sale; and a buffer area maintained by the operation between
the operation and adjacent landowners. Notwithstanding any other provision of this subdivision,
•
rented land assodated with an apiary products operation is not eligible for an,agrkvltural assessment
based on•this paragraph.
•
I. Land that is owned or rented bye farm operation,in its first or second year of agricultural
production or in the case of a commercial equine operation,In Its first or second year of operation,
that consists of not less than seven acres and stabling at least ten horses, regardless of ownership,
that receives ten thousand dollars or more In gross receipts annually from fees generated through the
provision of commerdal equine activities including, but not limited to riding lessons, trail riding
activities or training of horses or through the production for sale of crops, livestock, and livestock
•
products, or through both the provision of such commercial equine activities and such production.
Under no dreumstances shall this subdivision be construed to Include operations whose primary on
site function is horse raring.
5. "OII, gas or wind exploration,development or extraction activities"means the Installation and use
of fixtures and equipment which are necessary for the exploration,development or extraction of oil,
natural gas or wind energy, Including access roads, drilling apparatus, pumping facilities, pipelines,
and wind turbines.
•
6. "Unique and irreplaceable agricultural land"means land which is uniquely suited for the production
of high value crops, induding, but not limited to fruits, vegetables and horticultural spedaitles.
7. "Viable agricultural land"means land highly suitable for agricultural production and which will
continue to be economically feasible for such use if real property taxes, farm use restrictions, and
speculative activities are limited to levels approximating those in commercial agricultural areas not
• Influenced by the proximity of non-agricultural development.
8. "Conversion"means an outward or affirmative act changing the use of agricultural land and shall
not mean the nonuse or idling of such land.
9. "Gross sales value"means the proceeds from the sale of:
•
a. Crops, livestock and livestock products produced on land used in agricultural production provided,
however, that whenever a crop is processed before sale, the proceeds shall be based upon the market
value of such crop in its unprocessed state;
b. Woodland products from farm woodland eligible to receive an agricultural assessment, not to
exceed two thousand dollars annually;
c. Honey and beeswax produced by bees in hives located on an otherwise qualified farm operation but
which does not independently satisfy the gross sales requirement;
d.Maple syrup Posed 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 section;
f. Or payments received by thoroughbred breeders pursuant to
segtablatunstatimataLgutie
• and •-
g. Compost, mulch or other organic biomass crops as defined in subdivision sixteen of this section
produced on land used In agricultural production, not to exceed five thousand dollars annually.
10. Renumbered 9.
11."Farm operation'means the land and on-farm buildings,
handling redlines,and practices which contribute to the production,
equipment,manure n. preparation and promar et and
crops, livestock end livestock rod tiorlcetfrag of
P uc is as a commercial enterprise, including a"commercial horse
- boarding operation"as defined in subdivision thirteen of'this section, a"timber o
in subdiVislon fourteen of this Section,"compost, mulch or other biomass "Iseradn"as defined
subdlvlsion sixteen of this section and"commercial equine operation'
defined In
operation'as defined In subdivisionseventeen of this section. Such farm operation may
land, which parcels may be contiguous or noncontiguousto eaac h oth of one more parcels of owned or reined
er.
•
12. `Agricultural data statement"means an Identification of farm operations within an agricultural
district located within five hundred feet of the boundary of
property municipal review and approval by the planning board,zoning boardof Peals, oaaction requiringvillage
board of trustees pursuant to article sixteen of the town law r article seven of the village law Is
proposed, as provided Innon_unt.bundrethekaof this article.
13. "Commerdal horse boarding operation"means an agricultural enterprise,
f at least
seven acres and boarding at least ten horses, regardless of ownership, receives ten�qousand
dollars or more in gross receipts annually from fees generated either through the boarding of horses
or through the production for sale of crops, livestock, and livestock
boarding and such production. Under no dreumstances shall this subdivision+be Includeor through both
operations whose primary on site function Is horse racing. Notwithstanding any other provision of this
subdivision, a commercial horse boarding operation that is proposed or in Its first or second year of
operation may qualify as a farm operation if it is an agricultural enterprise,
consisting of at least
seven acus, and boarding at least ten horses,regardless of ownership, bthe end off the first
operation. year of
14. 'limber operation"means the on-farm
marketing of Umber grown on the farm operation woodland roducts, management, ,iincluding processing
logs, lumber, posts and firewood, provided that such farm operation consists of at least seven atm
and produces for sale crops, livestock or livestock products of an annual gross sales value of ten
thousand dollars or more and that the annual gross sales value of such
processed does not exceed the annual gross sales value of suchwoodland products
crops, livestock or livestock products.
15. "Agricultural tourism'means activities, Induding the production of maple sap and pure maple
products made therefrom,conducted by a farmer on-farm for the enjoyment
public, which primarily promote the sale, marketing, and/or education of the
the farm and enhance the public's understanding and awareness of farming and farm life.products or use of the of
16. [As added by j,.2Q08.g, 341. See, also,subd. 16 below.] "Apiary products operation'means an
agricultural enterprise,consisting of land owned
by eration, upon hich bee hives are ocated
and maintained for the purpose of producing,harvesting andstoring aPrYiaproducts for sale.
16. [As added by . See, also, subd. 16 above.] "Compost,
biomass crops"means the on-farm Processing, mixing, handling or marketingchor otanr organic
organic matter that
• eagle
•
•
is grown or produced by such farm operation to rid such farm operation of its excess agricultural
waste; and the on-farm processing, mixing or handling of off-farm generated organic matter that is
transported to such farm operation and is necessary to fadlitate the composting of such farm
operation's agricultural waste. This shall also Include the on-farm processing,mixing or.handling of
off-farm generated organic matter for use only on that farm
include, but not be limited to, manure, hay, leaves, yard waste,operation.organicuch organic matter shall
Vegetation, wood biomass or by-products of agricultural a ,havee farm waste,
farm operation.The resulting products shall be converted into t bemulch en other processed organic such
biomass crops that can be used as fertilizers, soil enhancers or suppler,nts or�bedd materials.
For purposes of this section, 'compost"shall be processed by the aerobic, thermophilic decom
of solid organic constituents of solid waste to produce a stable, humus-like material. position
17.`Commerdal equine operation"means an agricultural
acres and stabling at(east ten horses ���•.corhslsting of at least seven
regardless of ownership, that receives ten thousand dollars or
more In gross receipts annually from fees generated through the provision of commercial equine
activities including,but not limited to riding lessons,trail riding activities or training of horses or
through the production for sale of crops, livestock, and livestock products, or through both the
provision of such commercial equine activities and such production. Under no circumstances shall this
subdivision be.construed to Include operations whose primary on site function is horse radng.
Notwithstanding any other provision of this subdivision,an agricultural enterprise that is
in its first or second year of operation may qualify as a merdalPrDsor
least seven acres and stables at least ten horses equine operation if it faor�sigta of at
of operation. ► regardless of ownership, by the end of tfie first year
CREDIT(S) .
•
(Added 1,1987. c.774. 61. Amended 1.1988.c_'y59. 86 i 1,1988. c. 736. i 3;
1; .1.1989. c. 448.641,2; •1,1990.c. 396. 51;1,1992. G. 27. 5 1; _
316. 46 22 Jo 24; L1992,c, 534. 4 1; �L,1 ti. 797. 6 i; L 1993. C. 440. 6 21; j1�G 496. fi 1
L1994.c. 556. 661.2; • 1,1996.C, 409. 661. Z;U99
62. 11, efl._MaY 20. 1997;
• 1.1999.C. 47115 L 2.Sept.
L2002.
C.44,5. SS flOL 3 eft ian. L 2003; liallaajejlaturl ,
l l•3- .�r'L c._479. 6 1.art Seat o 2003;
2fLat 4= c. 10. 61.elf.Feb. 24. 2004;
1. hff.]ulr 12. 2001; i f
2005; 1.2406 c. 256. h 1,elf.Jac. 1. 2097;
66 1 to.3. elY.)ulv 21 200 ; ,66 1 to. . 3i41,
Jan 2009;
C, '120. 661. 2eff.June 15. 201Q; � L2010. c. 87. 6 1.efL May 18, 201Q;1.2f)ifJ.
ALM. 3. 2011.) ;
•
. Intro. Res. No.1700-2013 Laid on Table 9/12/2013
Introduced by Presiding Officer, on request of the County Executive
RESOLUTION NO. 987 .2013,ADOPTING LOCAL LAW
NO.44.2O13, A LOCAL LAW AMENDING CHAPTER 8 OF THE
SUFFOLK COUNTY CODE
WHEREAS, there was duly presented and introduced to this County Legislature, •
at a regular meeting held on, September 12, 2013, a proposed local law entitled, "A LOCAL
LAW AMENDING CHAPTER 8 OF THE SUFFOLK COUNTY CODE"; now,therefore be It
RESOLVED,that said local law be enacted in form as follows:
LOCAL LAW NO.41-201 SUFFOLK COUNTY NEW YORK
•
A LOCAL LAW AMENDING CHAPTER 8 OF THE SUFFOLK COUNTY CODE
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF
SUFFOLK,as follows:
Sectlpn 1. Lealsl■tirs lntsnt, •
This Legislature hereby finds that the County of Suffolk("County')has hada long .
history of agricultural production, dating back to the 17''Century.
This Legislature further finds that the County is number one out of 82 counties in
the State of New York in terms of value of agricultural products sold according to the 2007
Census of Agriculture.
This Legislature further finds and determines that the agricultural Industry is en
essential component of the County's current economy.
This Legislature further finds that the County has more than 34,000 acres of land
in active commercial agricultural production according to the 2007 Census of Agriculture.
•
This Legislature further finds and determines that the County has had a long
•
successful history of farmland preservation evidenced by 10,485 acres of viable farmland
permanently 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 the County's residents demonstrated their •
support for farmland preservation pursuant to this program by extending the Suffolk County
Drinking Water Protection Program in 2007 through 2030.
This Legislature further finds and determines that the agricultural industry on
Long island has evolved since the inception of this program and subsequent to the amendment •
•
• t
in 2010 and that it is necessary to modify the program's policies and procedures the County will
employ to administer and enforce it.
Therefore, the purpose of this local law is to amend Suffolk County
Administrative Local Law Chapter 8, "Development Rights to Agricultural Lands,"to ensure the
County's ability to conserve and protect vtable.farmlands and active agricultural operations that
will serve current and future generations of County residents.
•
Section 2. Amendment V .
Chapter 8 of the Administrative Local Laws is hereby amended to read as
follows:
. •
Chapter 8 V i
Development Rights of Agricultural Lands
§8-1. Statutory policy; legislative intent • .
§8-2. Definitions. '
§84. Appliosbillty. .
§8-4. Farmland Committee V
§8-5. Development rights;acquisition
§8-8. Development rights;alienation
§8-1. Nom requirements.
§8-8. Permits.
§8-9. Permit conditions.
§8-10. Lot coverage.
•
§8-11. Agricultural Tourism. !
§8.12. Farm Stands and Processing.Facilities.
§8-13. Alternative energy systems.
§8-14. Prohibitions. i
§8-15. Enforcement.
§8.19. Right to Use Property for Recreational Purposes
§8-17. Provisions to control over other legislation.
§8.18. Severability.
. i
§8.1. Statutory policy; legislative Intent. V V
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 end 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 pubic purposes..
S. 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 end
ecological resources aesodated 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. V
•
2
•
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 cast 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 andfor to operate a farm stand or orocessipg facility on agricultural land.
Only Improvements-necessary for agricultural production or for the operation of
commercial horse boarding' operation andlor for the operation of a commercial eaulne
operation.as determined by the Committee, shall be permitted on agricultural land.
AGRICULTURAL EDUCATION
Instruction about agricultural production,-agricultural products._prooesdna, fagrlcultural
product management] soil and water conservation, natural resource maraaement. IanQ
preservation, best management practices and other agricultural matters, as deemed
appropriate by the Committee. . -
AGRICULTURAL EDUCATIONAL TOURS . . . i
A form of agricultural tourism that teachee about agricultural production. agricultural
products. Processing. soil and water cgrtaervation. natural resource management and
hand Preservation In the form of short tours and hands-on demonstrations,
AGRICULTURAL LAND
Land to which the County has purchased the development right(s), in whole In or in part,
In order to preserve resources necessary for agricultural production. Land acquired In
order to preserve nonagricultural open spaces or open areas shall not be considered
agricultural land. •
AGRICULTURAL LAND LESSEE
The person, persons or entity who or which occupies or utilizes the agricultural land
parcel under lease from the current agricultural landowner.
AGRICULTURAL LANDOWNER
The person,persons or entity owning the residual right(e)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. •
••3 •
pGYLTURAL TOURISM
Aariautlural tourism Sha§ be defined as 'U-Pick' activities. harvestable crop mazes,
havrldes. and aaricuiturel educational tours conducted op-farm to promote the sale,
marketing'. production. harvesting or uta of the.org ucts of the farm and enhance the
public's understanding.awareness and eniovment of farming and farm life,
AG WULTURERa!TED PRODUOTT
Ciothho and souvenir items Shat promote the farm or locally crown produce,
ALIENATION
The transfer of any development right in real property from the County to another.
ALL-TERRAIN VEHICLE
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-
highway his 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 Tnwtflc Law, as may
be amendedAll-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 EQUINE OPERATION '
A commercial equine operation as defined in § 301 of the New York State Agriculture j
and Markets Law, as may be amended.
[Added 3-27-2012 by LL No.26-2012]
COMMERCIAL HORSE BOARDING OPERATION
A commercial horse boarding operation as defined In §301 of the New York State
Agriculture and Markets Law,as may be amended.
COMMITTEE
The Suffolk County Farmland Committee,
COUNTY
The County of Suffolk.
DMSIOM[DEPARTMENT]
The Suffolk County Division of Planning arid Environment within the Department
Eg2figRIIc. Qeveloo rent and Planning. which shall administer the Purchase of
Development Rights Program.
DEVELOPMENT RIGHT •
As authorized by §247 of the New York State General Municipal Law, as may be •
amended,the permanent legal Interest in the use of the 'subject property,the permanent
legal right to permit and require the use of the subject property for agricultural production
and the permanent legal right to limit,prohibit and restrict the use of the subject property
to agricultural production, except where specified in this chapter.
FARM OPERATION
A single commercial agricultural operation, a single commercial horse boarding
operation, a single commercial equine operation or an enterprise that combines a single
commercial agricultural operation, [with] a single commercial horse boarding operation, •
and/or a single commercial equine operation, including all parcels, contiguous and/or
•4 •
noncontiguous, that are owned and/or rented for the production, preparation and
marketing of agricultural products for said operation.
[Amended 3-27-2012 by L.L. No.25.20121
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 locaflv-crown agricultural products
grown off the..premises, [and] processed agricultural tural products derived from agricultural •
products locally-crown off the premises,int agriculture-related orgductA subject to the
limitations spedfleed herein. [Only agricultural products and processed agricultural
products shall be offered for sale at a farm stand.]
GREENHOUSE
A structure spedflcally designed, constructed and used for the culture and propagation
of agricultural products. Temporary structures,such as hoop layers,that do not erased a
height of three feet etc Inches and do not require or result In the alteration of the property
grade shall not be regulated by this chapter.
GROSS SALES VALUE
The proceeds from the sale of agricultural products and processed agricultural products.
For the purposes of this chapter, receipts collected in the operation of a commercial
horse boarding operation and/or In the con of a commercial equine 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.
INTEREST or RIGHT
All legally recognized Interests and rights in real property.
LANDSCAPE SCREEN
Any vegetative screen such as a hedgerow, excluding agricultural crops, that obscures
the agricultural land from view. Only landscape screens planted and maintained in
accordance with standard agricultural practices, the contract of sale, the deed of
development rights and this chapter,-as determined by the Committee, shall be
permitted.
LOCALLY GROWN
A product grown in the County of Kings,Nassau,Queens or Suffolk, in the Stats of New
York.
LOT COVERAGE
The total floor area used for buildings, display areas and carldna areas divided Into the
total lot area,expressed as a percentage.The total lot area shall only include agricultural
lands to which the County has acquired development rights under the Purchase of
Development Rights Program and shall not include any land where the development
rights am intact or any land to which the County does not own any Interest or right
PERSON
Any individual, partnership, firm, association, trust, company, joint venture or •
corporation.
PREMISES
All parcels that constitute the farm operation.
5
PROCESSING
The conversion of jojadyanze crepe and[lint/1311W 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
jug.
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, for the operation of
commercial honre boardino operation and/or for the ooeration of a commercial'Guinn
operation,as determined by the Committee,shall be permitted.
SOIL
The unconsolidated mineral and organic material creating the topsoil and subsoil layers,
Including, but not limited to, sand, slit, day 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
My 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 380, as may be amended. •
Materials used as livestock bedding or as fertilizer supplements and/or soil conditioners
or used in other mannere pursuant to•*standard agricultural practices shall hot be •
deemed solid waste. •
SPECIAL EVENT
Any,occasion, weddino. catered event 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 or the Bak magcettna. DrodLtlon. harvesting gC 1a1.
of algljural products,as determined by the Committee, shall be permitted.
SPECIAL USE PERMIT
Written permission, issued by the Committee to:
6
•
A. Conduct a site disturbance;and/or
B. Conduct a special event.
STRUCTURE
Any improvement constructed or erected which requires. location In, on or underthe
ground or attachment to something having a location in, on or under the ground,
including, but not limited to, fats_stands.greenhouses. orocessino faplDtlea, [access
• roadways] alternative energy systems, berms, buildings, [driveways, fences,
greenhouses] irrigation pumps, landscape screens, parking areas, signs, fences. end
utilities[and walkways]. Thle definition shall not Include the taping so knits as ter sue
constructeict erec edln accordance with standard saripultyreI practices. as determined
yv the Committee:permeable farm roads and walkways. and trellis systems1
TEMPORARY STRUCTURE
Anv.structure as defined tjreln that Is erected and in Wrt for less than 90 dams~
ill ...A .1 5'I .'a !1-: E. ....-. ar 11'. i • L' I! •li•.• !11 II -."' t'.-i1 t•J.•..J 1.•
time terminabon of the see J event. ' Hoop lavers khat do not exceed a height of gime
feet six inches and do notteguire or result in the alteration of the property grade shall
not be regulated by this cheater,
UTiLmES .
Any overhead, surface or underground equipment such as a transmission Zine, 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 andbr for communication purposes. Only utilities necessary for
the farm operation, farm stand or processing•fpcjEitles shall be permitted. In addition, all
utilities infrastructure shall be subordinate to the agricultural use of the agricultural ural 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 shaft not apply to nonagricultural lands acquired as open spaces or open areas for the
purpose of preserving active parkland, passiveparkland, woodlands and/or wetlands and shall
not apply to farmlands to which the County does not own any Interest or right. •
•
8-4. Farmland Committee. •
A. Established. The Committee Is hereby constituted as a continuing agency of the County
government.
B.Membership.
(1)The Committee shall consist of 19 members, nine of whom shall be appointed by the
Suffolk County Executive with the approval of the Suffolk County Legislature and shall
serve at the pleasure of the Suffolk County Executive and 10 of whom shall be designated •
•7
. I
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 dischargingits functions under this chapter.
C. Financial disclosure. Each Committee member shall submit the financial disclosure statement
that is annexed as Exhibit'A"to Chapter 77 of the Suffolk County Code. Committee members
shall submit this disclosure statement to the Suffolk County Ethics Commission, or any
successor body, by May 15 of each year,
[Amended 10-11-2011 by LL No.84.2011)
D. Composition.
(1)The Suffolk CountyExecutive shall
appoint nine members as follows: the Suffolk County
Economic Development and [Workforce Housing] Planning 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] Division of Planning
Ind Environment Director, or Nether designee; and tan [five] members at large subject
to the [criteria set forth in Subsection E(3)of this section]following criteria:
c. .:1 • 1.• 11 ?ll !_. i,. -.1 i._.11:. . .i .11!1 _ •._^_.+ 1•._ai• •.-ill._ I .1.•
vawtion of�ibie crops. including. but not limited tojeaetabies.fruits.berries. tree
nuts.herbf. and spices;
jivestock sed livestock products;
cultivation of ornamental. horticulture and pgnr croon;
iglaylegLard jumismitialumaividual volt a badcground or expertise in
Akan
fe)Al least one member shill be an individual with a background or expertise In orggcnIc
(f)Two members may be agoointedfrom the Public et lame,
(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 est
forth In Subsection E of this section.
(3)The [Director of the Suffolk County Planning Department] Diyjsion of Planning anti
piyironment Director, or his/her designee, shall serve as Chairman of the Committee
commencing on January 1, 2012, and continuing thereafter.
8
(4)The Committee may appoint [three] fig 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: tre Suffolk County Health
Services Department Commissioner. or bis/hey• dos grutez- the Natural Resources
Conservation service Cornell
Cooperative Extension and a farm advocacy group.
E. Eligibility.
(1)The[four)In 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]4)A member of the Committee shall continue to satisfy the requirements of this section with
respect to eligibility for appointment to the Committee throughout the duration of his/her
term.
([8]5)In order to continue to serve as a member of the Committee, the member shall have
attended at least 75% of the meetings held by the Committee on an annual bash.
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.
1 a 1:1.L'1 'A'.. 1 :1 1: : a',1 1... L' !..1 L'I 111.-.•
expiration of term. absence or resignation and the town does not°edify a member)ylthin
90 dayg of ace from.the County Executive.the County Executive shalt fill the vacancy for
tbt
poriee must reside In the Town Otero the vacancy exists.
F. Terms.
9 ••
•
(1)An existing Committee member, as of January 1, 2010, shall continue to serve until such
time as the Individual voluntarily vacates the position or until such time as the appropriate
appointing body approves a resolution replacing the individual.
(2)Each successive appointment shall be for a term of four years, and no member shall serve
more then three terms, for a maximum of 12 consecutive years of service, except each
member appointed as per §13-4D(1)of this chapter, whose term will run concurrent to
service in the title specified. Ii
(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, ex4lt,q or vacated position shall be made in
accordance with the provisions of this chapter.
G.Authority. The Committee shall have and be entitled to exercise the following powers end
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
rules and regulations promulgated thereunder and to make, thereafter, a decision whether 1'
or not to issue a permit and the terms and conditions that should apply;
(4)To determine what constitutes standard agricultural practices;
11 19l: 1I -..J!I. 'J 0.1, ''Las':.. r. 1 •A• a • , 1 ! •J
'.•. ."• i.:I: !1: .•.II II II . !I I'L'.': . . I •J II I1'. IN l', Illi, • ll• i=. I 'i1..71 ':
whose cermlltino review and determtn tion 'shall be delegjgg tpJp DIviNQe. These
practices may include. but are not 11pi to. lvestock&mtg. denfencbs krielliQDrmils,
etc. The Committee shy lyuidellnes and standards as they deem necessary and
p�Qr for the review and deter Ingham of minor and ro to Diviis ion `
lli moi! 1.'
1 1. 1':., .3!.':1 !1.- '.,-,111.1,!1.' L X1:1. . l.•. ..j'.=.11l II:Il,',1 L', !1:: '.1 '1`.'`•
s ggpropriate. refer any single application back to the Committee for approval. Am
Malign
.denims by the Division mayl.4lcon written recuest. h „fig mat rete t i
(B)To provide guidance and recommendations on matters relevant to development rights,
farmland conservation and the agricultural economy;
10
M To promulgate such rules and/or regulations as may be necessary to carry out the intent of
this chapter and to govern the administration and functions of the Committee;
(8)To establish end adopt written guidelines and property rating systems;
(9)To cooperate with, at the discretion of the Committee, any governmental agents and/or any
experts to further the purposes of this chapter, and
(10)To perform other duties at the request of the Suffolk County Legislature, the Suffolk
County Executive and/or the[Department)Division.
H. Meetings.
(1)Schedule. The Committee shall hold an organizational meeting not later than the 1.5th 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.
I 84.Acquisition of development rights.
•
A. Application SI-Annual Review Process. [Annual review] A BI-Annual, [annual] review period
shall be designated in order to maximize the County's financial resources while preserving he
valuable natural resources, including, but not limited to, its viable agricultural sells and sole-
source aquifer.
(1) Review of new parcels. •
(a) New parcels shall include those parcels that have never been reviewed by the
Committee for Inclusion in the Purchase of Development Rights Program; those parcels
whose approval by the Suffolk County Legislature for planning steps under the Purchase
of Development Rights Program has expired; or those parcels that were denied by the
Committee and/or the 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]Division in order to be considered for the Proaran.
•
•
11 . ,
[
(c)Each complete application received by the [Department during •September] Division by j
the last day of January shall be considered by,the Committee at [the first Committee
meeting of the subsequent year.] fls Aeetino or subsequent meeting held after
March. Each complete aoolkretlon received by the Division by the last day of Auk.shall •
fiber.
-
{df Wifi fire years of relectina the Conty'p der or eaa4ration of the County's offer. the
Jwdowner may re-submit an spoliation but the landowner must bear the expense
Incurred by the County associated with tbe_ggrl[cptiQ_orgcgss incdudina but not timlted
to: surreys. Ms. searches. aooraisils. and environmental slsessments. Furthermore,
manner as a nay/Parcel outlined in this section.After five of rolectlrg the Countv'g
.offer orimitation of the County's offer.the landowner can re•subrpiken soodgtion free-
I ?L- ' ... '1 _ _l: •1.IL: ' ..Ir.l 'IL- x[11 to' l•ili:-11 7J 1l, 1111 11 '.v L'.: I
ybmlt a camel application within the five year window without bearfna the egaoenees
Incurred by the County,
([d]g) Applications•may be considered by the Committee outside of the @bpnnual review
• period if there is a necessity for review, Kush 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 plane 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 INy4nnual-.review period, provided that the proposed
preservation is consistent with the applicable County,town and/or village comprehensive
plans and/or agricultural and farmland protection plans.
((2)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 Right
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 ail pending parcels at the first Committee meeting of the
year.
(3)Preservation priority list]
(2) Comprehensive Master List for Farmland.
(a) Every six months [Each year] the Committee shall establish a [preservation priority list]
gampieliengs_Mglerllig that prioritizes all of the [new and pending] parcels the Committee
12
recommends for inclusion in the Purchase of Development Rights Program. ft will not include
parcels that are ktneaotiations. that are [n contract orjhat have been approved for acouisition
by
istsolittion of the County Legislature,•
(b)The Committee shall prioritize the parcels In a manner that maximize. the County's
financial resources while protecting the County's most significant agricultural resources.
(c)The [preservation prioritylist] Comprehensive Master Listshall be recommended to the
Suffolk County Executive'and Suffolk County.Legislature[not later than the 1e day of
February of each year) following the Farmland Col/mina's March meeting_or Its
pubseausnt meeting as well as followina the Farmland Committees ftoternber
fneethig,orlts subseauentmeetine.
((d) Upon adoption of the preservation priority list by the Suffolk County Legislature, the Real
Property Acquisition and.Management DMslon 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.
•
(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 is a new fist is adopted.].
B. Acquisitions.
(1)The County shalt have the authority to purchase the development right(s) to a parcel, in
whole or in part, upon approval of the Suffolk County Legislature and subject to the
provisions of this chapter.
•
(2)Criteria for consideration. Only lands able'to sustain an economically viable commercial
agricultural enterprise, as determined by the Committee, shall be considered for inclusion
In the Purchase of Development Rights Program. Land eligible for Inclusion shall either be
used In agricultural production, In support of a commercial horse boarding operation, or In
support of a commircial equine operation and shall meet the following criteria:
[Amended 3.27.2012 by LL No.25.2012]
(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 leaat$50,000.
13
- F
•
(b) Commercial horse boarding operation.
[1]Ail development rights to the subject land shall be intact.
[2]The subject land shall be actively used in support of a commercial horse boarding •
oceration.
•
[3]The subject land shall be at least seven acres and the associated farm operation shall
have en average annual gross sales value of at least $10,000.
(c) Commercial equine operation.
[1]All development rights to the subject land shall be intact.
[2]The subject land shall be actively used in support of a commercial equine operation.
[3]The subject land shall 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 vlewsheds. (The Committee
shall limit Its recommendations for acquisitions 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
Indude, but are not limited to, a reverter Interest held by the source of funds. Such restrictions
and conditions shall be reviewed by the Suffolk County Attorney, Acceptance of such funds
and the terms and conditions for acceptance shall be subject to legislative approval.
D. Title. Where the County acquires the development right(s) through the Purchase of
Development Rights Program, which conditions said acquisition upon the financial
partkdpation of a governmental entity or other private source, the title may be held by:
(1)The County;
(2)The County, governmental entity(ies) and/or not-for-profit conservation organizations) 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(les) and/or not-for-profit conservation organization(s), by
physically dividing the property up between the County, governmental entity(les) 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(les) owning ail of the development rights (and/or interests) in its (their) respective-
14
portion(s)of the property and with the not-for-profit conservation organizations) owning ail
of the development rights (andlor Interests) In Its (their) respective portion(s) of the
property
E.Management agreement. If it Is not contrary to any statute, the Suffolk County Charter, this
chapter or any other local law, any regulation or other County policy, the County is hereby
authorized to negotiate and to enter into management agreements with governmental entities
and not-for-profit conservation organizations for the management of said County •
acquisition(s), and the terms end conditions thereof shall be approved by the Suffolk County
Attorney In consultation with the Suffolk County [Planning Department] phrislon of Planning
engfnvironment Director.
tl-.Alienation of development rights.
A. Unless authorized by local law recommended by the Committee and approved upon
mandatory referendum, development rights acquired by the County to agricultural lands shall
not be alienated in any manner,except where provided herein.
B. In determining whether to recommend the alienation of development rights, the Committee
shall take into consideration:
(1)The continuing practicality of the use of the residual right(s)to the land(s); -
(2)The development rights which have.been acquired by the County;
(3)Such factors as the uses to which adjacent lands have been put;and
(4)The necessity for the use of the land(s)for another governmental purpose.
f 84. Notification requirements.
A. Change of address. The agricultural landowner shall notify the phrisiork [Department] if the
land is to be leased to another party and provide the agricultural land lessee's name and
address. The agricultural landowner and agricultural land lessee shall notify the Division
[Department] of any change of address for receipt of mall or service of process in writing
within 30 days of a grange of address.
B. Change in ownership. The agricultural landowner, seller shall notify the Division[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 rights).
- f 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,including temoorary structures;
15
(b)To install a structure, jndudina temporary structures,
(c)To locate and/or relocate a structure;
(d)To modNy an existing structure,except de minimis alterations such as the replacement of
doors on an existing structure; •
(e)To rebuild a structure,jndudina jemoorary structures; •
(f)To remove and/or demolish an existing structure;
(g)To operate an alternative energy system;[and/or]
(h)To operate a farm stand;
jl)To overate a processing facility:and/or
0)To create a permeable parking ergs,
(2)Special use permit.A special use permit shall be necessary for the following actions,where
proposed on agricultural land:
(a)Site disturbances. •
11] 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. J,
(b)Special events.•
[1]Such permit shall be necessary to conduct a special event where proposed on
agricultural land.
[21A 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.
)51 Alf catered events shall be considered a special event and are subiect to special eve
pennittina through the Committee.
B. Permit requirements and limitations. •
(1)An agricultural development permit shall be obtained by the agricultural landowner or
agricultural land lessee with acoroyal of landowner prior to commencement of construction
activities, including clearing, regrading or other site preparation necessary for constructing, •
16
. r
placing, modifying or demolishing a structure. Failure to comply with the permit
• requirements specified herein shall be subject to the provisions of §8-j1[14]of this
chapter.
(2)A special use permit shall be obtained by the agricultural landowner or agricultural land
lessee with aoorovsl of landowner prior to commencement of site disturbance activities.
Failure to comply with the permit requirements specified herein shall be subject to the
provisions of§B-j[14]of this chapter. •
(3)A special use permit shall be obtained by the agricultural landowner or agricultural land
lessee with approval of landowner prior to any site preparation activities for a special event.
Failure to comply with the permit requirements specified herein shall be subject to the
provisions of§8-15 of this chapter.
(4)An agricultural development permit does not relieve the agricultural landowner and/or
agricultural land lessee from compliance with federal, state and local regulatory and/or
zoning ordinances.
•
(5)A spedal use permit does not relieve the agricultural landowner and/or agricultural land
lessee from compliance with federal, state and local regulatory and/or zoning ordinances.
Compliance with all health and safety codes shall be required in connection with any
special events.
C. Exception to permit requirement. The agricultural landowner and/or the agricultural land
lessee shall not be required to obtain a permit for an activity or structure that Is existing and in
compliance with the provisions of this chapter, the contract of sale and the deed of
development rights on the effective date of these amendments. Any modifications to the
preexisting, conforming activity or structure shall be subject to the permit requirements
specified In this chapter.
D. Permit application procedures.
(1)Applications for permits or permit modifications shall be submitted to the 121xInign
[Deparbnent] two weeks.before the Committee Meeting at which the application will be
heard, unless a later filing Is approved by the Division (Department. Applications shall
Include:
•(a)An application form,where required;
(b)The name, address and telephone number of the applicant, end if an agent will be
representing .the applicant, the application shall include the name, address and
telephone number of the agent as Well as an original signature of the applicant
authorizing the agent to represent the applicant; . .
(c)The name, address and telephone number of the agricultural landowner, and If the
agricultural landowner is not the applicant, the application shall include a letter or other •
written permission signed by the agricultural landowner
[1]Confirming that the agricultural landowner is familiar with the application;and
17
[2]Authorizing the submission of the'application;
(d)The physical address of the subject parcel;
•
•(e)The Suffolk County Real Property Tax Map Number (I.e., district, section, block and lot)
of the subject parcel; •
•
(f)A site plan delineating the location of the proposed development and/or the proposed
event which the Committee may require be prepared by a licensed surveyor or other
professional; •
(g)A nonrefundable application fee,where required;and
(h)Any other Information requested by the Division[Department]and/or Committee that mey
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] Suffolk County Soil and Water Conservatism
District for expert advice.
j3) Onht comoleta acolications, as determined by Division staff. mg be referred to
Committee for approval. •
(4[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 landowner shall record the agricultural development permit and/or special
use permit, Including applicable conditions,with the Suffolk County Clerk if such recording
Is required by the Committee. Failure to comply.with this requirement shall be subject to
the provisions of§8-2141 of this chapter.
(6)The agricultural landowner shall submit the "as-buil' plans associated with an agricultural
development permit and/or special use permit, where required by the Committee, to the
Division[Department]within one year of permit Issuance. The agricultural landowner may
submit In writing a request to extend the time frame within which this requirement must be
completed. Failure to comply with this requirement shall be subject to the provisions of§ 6-
1§[141 of this chapter,
E. Permit issuance criteria. Permit issuance shall be subject to the following conditions:
(1)The agricultural landowner and the agricultural land lessee, If applicable, shall be otherwise
In compliance with this chapter;
(2)The proposed action shall not alienate the development right(s)acquired by the County In
any manner;
(3)The proposed action shall be consistent with the Intent and provisions of this chapter;
••
18
• • •,
(4)The proposed action shall be consistent with all adopted Committee guidelines;
(5)The proposed action shall promote agricultural production or agricultural tourism;
(8)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;
- k
(8)The proposed action shall not undermine the short-term and/or long-term vlablilty 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
viewehede;
(10)The proposed action shall not result in a significant negative impact to any adjacent
property that is not consistent with standard agricultural practices;
(11)The proposed action shall be approved in such a manner that minimizes, to the extent
possible,all other negative impacts; and
(12)The propae�ed action shall be consistent with expert recommendations, where sought by
the Committee.
F. Permit fees,
(1)Application fee. A nonrefundable fee in the amount of $100 shall be submitted with each
application for a permit.
(2)The application fee shall be waived If the application is exclusively for
felEurabgkolognsumgmffighlutullgtorgstaluOILEIN/1
((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]
(3)Public hearing fee. A fee in the amount of$500 shall be submitted with each application for'
which a public hearing Is required. The fee shall be refundable if the application is
withdrawn and the public hearing has not been advertised. If the public hearing has been
advertised but the application is withdrawn prior to the public hearing,the applicant shall be ! .
entitled to a refund of 1/2 of the public hearing fee. -
(4)Failure to submit the required fee(s) shall deem the application incomplete.
8-9.Permit conditions.
19 •
•
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;pedal use permit upon
the agricultural landowner's execution of a restrictive covenant, or other instrument
acceptable to the adajon[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 the
provisions of§11-1114]of this chapter.
C. Continuing obligations.The agricultural al landowner and/or agricultural land lessee shell have a
continuing obligation to maintain all improvements authorized by and to abide by all
conditions Imposed by a permit, including compliance with all provisions of this chapter.
D. Noncompliance. The failure to comply with any and all conditions of en agricultural
development permit and/or special use permit shall be deemed a violation of this chapter,
subject to the penalties provided in§ 8-15 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. {�
�. Expiration,All agricultural development permits shall expire within one year of issuance unless
the authorized improvements have been commenced; a building pemi t,-where required by
the local town or village, has been secured by the agricultural landowner, or the Committee
has granted the agricultural landowner an extension.Any request for an extension shall be
made in writing to the Committee by the agricultural landowner. Only one extension per
permit application may be granted by the Committee. No extension may be granted for a
duration greater than one year. Requests for extension shall not be subject to the permit fee
requirements specified in this chapter.
§8-10.Lot coverage.
A. Maximum lot coverage. The lot coverage of agricultural lands shall not exceed the following:
Parcel Area •
(acres) Maximum Lot Coverage
0 to 25 15%
25 to 50 12.5%
More than 50 10%
B. Further limitations. The maximum lot coverage set forth in Subsection A does not create a
right to construct buildings, display areas oroarldno areae up to the limits Imposed. All
20
•
proposed development must be for the express purpose of supporting agricultural production, •
Elgomifiercel horse boarding operation ardor a commercial equine 9peratbn,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
hi part, or disapprove all agricultural development permit application.for buildings that would
result in a lot coverage that exceeds the maximum lot coverage specified in Subsection A of
this section;In no case shall the lot coverage exceed 25%. All approvals shell 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 dosing 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
(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
21
(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 ft 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 end
restrictions as are directly related to and incidental to the proposed use of the promises.
Such conditions shall be consistent with the spirit end 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.
f 5-11.Aarladtanl Touripmt
A
!1. .'.1i' .':111 - r.l L'.I L. P. .'. II '1 .••:1II i 'll:. ..'l. I '1 •/L•.1/l' 1.' I ."L'111.':11 . .. L•:- •1 1
on-the-farm revenue. Agricultural tourism must be_ accessory to bp Mug ourooss of
agricultural production. Catered events shall opjbe considered sartcultural tourism•
l I !l. 1' '1y1 11' l � - Sl Iill=f ' •1 L l- • .I =,11 •1!li1!11. L '+.►�' •
agricultural lands. The followlno activities. In contunction with an active farming operat(pp,
shall be considered comments of agricultural production and are not subiect to the
Commifee.oermitting process:
• .� 1
r- ... • ['.l. L X1111 'L'..�.- 1 _.. -• -1 1 1 11 L-i. 7.[
rasoberries. blueberries. pumpkins. `U- j k' activities can,Qjly be offered for produce
aotigvltwl lands for the purpose,of`U-olck'operations;
bikaumEiraulinguThcaukestmihryintioutoma
nature are not permitted;
• -•ill-. it it-. :*..it'll L•L_ ;1 11.= Li L' L _1: 41!i1I .- 11 •..1' '.l'.! ►,".
educational tour.
_ !ll 1.. !•._1: ll ri►A1' 1.111 j . !I - fl:: ill: i2!'1l • a l• 1L-
'permitting process as specified In+z 8-8.Agricultural Ickiilirp structures can omIv be tfoQrary
I i a1 IL- • l.: 11 .17 I -1'- .!111 ,' I* It l_ ' :111 II _'1E►I!!.1. :1'.-.' 1 - -
2
1 I
•JII i'ti.s '1!I.TIL 1- ' =.I.: rr l li.l' 1• : Ili: r: lr: I= '.I 11 '.. ll III 'J "11.
.I L•: l 1 '1 !l l ' I-11 _.' II -ILL 1= ' -1- I1 •1!1 .'.i_!1: [-
permitted on Premises.
' I
1'_1.-!L' r:Illi '..- ': II•'l.' 1-.E:- 2!• It':.11.I. '..!1 -II It -1 '.- '.- 111 IU-J• L i'. .. •
subject to lie aarlcultural develooment remit reoutremQent specified in 13-8 of this
chapter.Parkin° areas shall count towards the carpal ams maxlmunilot ccnterecte Ills
specified Irl 8-t0 of this chapter,
i 8411U Farm Stands intEmoulaafallitin
A. Purpose. Farm stands provide farmers with direct outlets to market the agricultural products
grown on(agricultural lands]the farm operation as wall as locally crown Produce Processing
preclude
own on a farm ooeratbri Into a processed...agricultural pry such as the pee
jam and wine. derived from products grown on the ilnj operation,
B. Limitatiorn. In no g][, •g ulative Hoar era of a farm stand and/or orocessina
Ili L_. 1'.i 'I L'.' !.. 'A ': :1'.'. 'J !1: '.1 I III I . I •
disolav area shall not be counted towards this bui ding limit. All proposed slevelocment must
Pe for the esaress purpose of su000rtina a firm stand operation or orooessino fsellity as set
lorlh In this char.The Committee may limit this bairn campmate an amount Ins thstrt
the maudmum building allowance as It deems negepary to carer out the Purloin of this
chanter. Farm stands. disolav areas. orocessina today structures Nd parking shat count
towards the cartel area's maximum lot coverage as specified In§019 pf this chapter,
[Big.Permits. The construction, placement, relocation,. modification, expansion, 'demolition
and/or operation of a farm stand Q[pfocessina facility on agricultural lands shall be subject to
the agricultural development permit requirements specified In this chapter. The Committee
may issue an agricultural development permit for a farm stand structure lacierggrasening
facility subject to the following conditions:
�1l Farm stands; -
(a) Only agricultural products, [and]processed agricultural products, and other agrtcul re_
related Products shaft be offered for sale at the farm stared. Agricultural products shall
Include;
I)(In addition to a]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 exceed 40%of the total
square footage of the farm stand structure.]
jilAoriculturai products crown off promises may be sold on farm stands.-orovided
they are lora ley crown pgd;ultu fal pietas Qj prgsedagricuttural products
derived from locally arown agricultural products. The total amount of locally
23
•
larmwantimuntibiduamittaigubligitig
awnsoachaugattkuhunatkupgsanalsrAmmasta
displayed at the fey stand
nR atrt�turo.
RAgthadtimmilattinsigainchoughitainior
promot,the farm or locally groin produce.shall be allowed so lona as the total
sales area does nQ exceed 109k of the total square footage of crotch
displayed at the farm stand strunture,
[(3)](la The farm stand structure shall not exceed 1.000 [600] square feet and shall be subject
- to the agricultural development permit specified in this chapter.
[(4)] The farm stand operation may include an additional display area which shall not exceed
[1,000] 1.500 saaare feet. Awnings. oyerhanos. porches and decks attached to the farms
;tend sinews shall count towards the farm stand display area,
[(5)](d)The farm stand structure shall be[seml-permanent and] designed for either seasonal or
year round uEg, [use In growing seasons only] and the Installation and maintenance of
permanent heating equipment within the farm stand etructuro Jajaarraillad [shall be
prohibited].
(e) Storage of agricultural products and Processed agricultural products. Inclra cold or
climate controlled storage is oerjnitted yilthin the farm stand structure. •
(ft The installation of utilities. including any overhead. surface or underaround eaulpjnant
such as a transmission line. We. wire. doe. well. drainage system or optic system
1', '! - - • • 1 •I - 1.'_!!.E ' :.IL!. 4 .11!s L'. !1.• Ll P.'. !!,• I `1
stormwster runoff. for the removal of sanitary eewaoe effluent/rid/or for communication
purpge shall be oermitted if necessary end required for lbs farm stand operition• A
spode]use sits disturbance Permit is required for tla Installations of such ut lilies,
faLivansibamiLaquanyllawicausatutugstuom
• ..
1- _,- .1 � U !.1l .1_L � L- . l.- � �; �� II L.�1111 11 • .` -1J' - • •1
1131§4blalrL
':• II '. ..;1! ..l!E ' '. ;•:i!n l•.! I ll:l.= L' 1•.'a i=.• i�' 11111 IL: :1 '.L.: !,• •._I 1 I.
Servicetregulations.
[(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.]
}
24
. i
•
J2)pfocesslno Fealties.,
cal Prrowesalna shall be limited to the processing of onoremisei and locally crown
esricultni products. No less than 51. of the Inputs used in =mina must costa of
Timeorocessinc staasdctre;hail not exceed 1.000 square feet and shaii_be sublectto thq
sprIculturel development permit specified in this chapter. However.as set forth In Section s
8-12 {SI-the cumulative_ total floor area of a croceesina structure and a farm shard
struchue cannel exceed 1.000 souare feet
(c1 Processino structures shall not include display areas.
WI The modification of an eodstlno structure for
Procasslna ouroosel is pe)misslble._subilec;
toihe Committee permitting review.
(e1 The Installation of utilitig. Includlna any overhead. surface or underaroundeouloment
necesssry for the suoolv of electricity. natural_go eildior water. for ihe mon of
1 •1111,1 11.-. t.1,'1I 1' fl_ I 11,61! '1 . ,1 1.'-.1 -,-i.l- '1- -111 .• 11 1.' ', 1'1 •-',11,11 IL,': I.a•.1
.1: ., •.- •.-:111:1!!1'. 1 1 - r-' !1 .i1' l•c•I 1-.• L'. !I.- •.'P.!-:.. i.' 1 A111.
use site disturbance permit is naming'for ttj jnstallatlons of such utilities,
(f1 The oroceseina structure listed herein shall be constructed and operated in compliance
,1111 .. •,. 1-a. -11- 1!.I'_ -1 ' '. _i ..• l:1 11;111 Il! !1' .!,i.• '.,l l'1 i11t .• •
1 1 • l:1!11,1! ' It 1 ' ►.-a. ' 1, =10 lt- =.1 ' II •1 • .111 Ii •.' 1!II -Ail •1 ell
reoulatlons.
C. Conditions. The Committee may impose such additional conditions as it deems necessary to
carry out the purposes of this chapter.
8-f[1 ZJ.Alternative energy systems.
A. Purpose. Alternative energy systems provide farmers with opportunities to generate safe,
efficient, effective and renewable energy on site band diminish the farm operation's
dependence on nonrenewable energy sources. M alternative energy systems shall be
subordinate to the agricultural use of the agricultural land.
B. Permits. The construction, placement, relocation, modification, expansion,demolition and/or
operation of an alternative energy system on agricultural lands shall be subject to the
agricultural development permit requirements specified in this chapter. The Committee may
issue an agricultural development permit for.an alternative energy system subject to the
following conditions:
(1)The rated capacity of the alternative energy system shall not exceed 110% of the farm
operation's average annual consumption, where annual consumption is the total amount of
energy used per annum for those agricultural activities permitted on agricultural lands.
(2)Electricity generated by the alternative energy system shall not be consumed by any
residential or other nonagricultural land use nor shall it be consumed by any activity
25
prohibited on agricultural lands Oincluding, 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. I.
C.Connectivity. The alternative energy system miy•be connected to the utility provider's
electricity grid, provided that the rated capacity.of the alternative energy system is less than
or equal to the standard set forth in Subsection B(1)of this section. In the event that the farm
operation changes and the average annual electricity consumption is reduced,the agricultural
landowner shall be required to disconnect from the utility provider's grid unless the alternative
energy system Is modified such that the new rated capacity of the alternative energy system
is consistent with the standard set forth in Subsection B(1)of this section.
D. Conditions. The Committee may impose such additional conditions it deems necessary to
Carry out the purposes of this chapter.
8.14(131. Prohibitions,
A. Nonagricultural use. No person shah use agricultural lands for any purpose other than
agricultural production,except as provided in this chapter.
A. Abandonment of Agricultural Use. Beainnina on January 1. 2,p14. no owner shell lemma
agricultural land uncultivated and not Inoue In agricultural Production ore commerdelhorsEe
•k•,' I. , • .p`:/1.-ll,. 1 •.li•. • r•ll 1{ -i1': =.� I IY • •�'l l'l! • 1 t• n•1- -. 1 - .
d@)g. Mining, Resource extraction, including soil removal, shall be prohibited on all agricultural
lands.
LIQ. Dumping.There shall be no dumping on agricultural lands. I�I
M. 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 shell be stored on agriculture! lands.
G.Aviation. No aircraft, including, but not limited to, airplanes, helicopters, hot-air balloons and
gliders, shall be permitted to land on, hover above or take off from agricultural lands, except
where part of standard agricultural practices such as crop dusting or for law enforcement, fire, •
emergency or military purposes. •
H.Vehicles. No vehicles, including all-terrain vehicles,.shall be used or stored on agricultural
lands except in aiding agricultural production or for law enforcement, fire, emergency or
military purposes.
I. Structures. No person shall erect, install, locate, relocate, modify, rebuild, remove or demolish
a structure without an agricultural development permit.
J. Farm stands. No person shall operate a farm stand without an agricultural development permit.
26
•
•
)(Praesstno, No person shall overate a oroc essing_fpcility without an acricultural develoPment
MOS
NI,. Alternative energy systems. No person shall operate an alternative energy system without
an agricultural development permit.
[141M. 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.
MN. Parking areas. Asphalt, concrete and all other impermeable parking areas shall be
prohibited on agricultural lands.
jQ. Landscape screens. No landscape screen shall be permitted around fallow agricultural
• lind,except those agricultural lands kept fallow customary to standard agricultural practices.
[Q]2.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
[P19.Special events. No person shall conduct a special event on agricultural land without a
special use permit
Km.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.
• lak.Any nonagricultural activity not explicitly permitted by this chapter shall be prohibited.
84¢[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 Division[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 Mlon
[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 landowner at the address on file with
the Division [Department] and, where applicable,'the agricultural land lessee. The cease
and desist order may direct restoration of the property, removal of structures that are ln
violation of this chapter, the contract of sale and/or the deed of development rights and
such other corrective actions and terms as the pivision [Department] finds necessary to
protect the County's interest in the agricultural land.
(2)A cease and desist order may be lifted by the p [Department]upon a finding that the
violation has been abated and/or when an application to bring the activity into compliance
has been fled and a permit has been issued. . •
B. Violations. Where it is determined by a court that a violation of any of the provisions of the
chapter has been committed or exists, the agricultural landowner, the agricultural land lessee
27
" 3
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 E,
obtained.
D. Restoration.
(1)The court may compel the agricultural landowner and/or agricultural land lessee to restore
agricultural land to a condition suitable for agricultural production where there has been an
Abandonment_of agricultural production or a site disturbance has occurred In violation of
this chapter.
(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 landowner and/or the agricultural land lessee to
remove any and all unauthorized structures on agricultural land.
(2)Where a violation has resulted in the erection, Installation, location, relocation, modification
or demolition of a structure or the operation of an alternative energy system, farm stand
and/or crocessinn facility on agricultural land, the court may order the removal of said
structure or remains, regardless of cost.
F. Damages.Where a violation of the provisions of this chapter results In damage to the County's
interest in the development right(s) and/or the underlying value of the land, the court may
award damages to the County equal to the development right(e) purchase price plus
compounded interest and an additional amount as would be necessary to purchase the
development right(s)to a similar agricultural property, as determined by the County.
G.Civil penalties.
(1)A violation of§8-j13]shall be punishable by a civil penalty of up to $5,000 per day, with
each day constituting a separate violation,
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(2)Any violation which causes a substantial reduction in the viability of the agricultural
resource shall be punishable by a civii penalty not more than $10,000 per day, with each
day constituting a separate violation. The viability of the agricultural resource maybe•
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 sate,the deed
of development rights, this chapter and/or any rules or regulations promulgated thereunder
shall neither constitute a waiver nor constitute an agreement to allow the prohibited activity
nor constitute permission to engage in the activity without first obtaining applicable permits.
K. Other remedies. The County reserves the right to pursue any and all legal and equitable
remedies herein mentioned or otherwise available at law, Including administrative, civil and
criminal actions to enforce the provisions of this chapter and to satisfy the intent and spirit of
the Purchase of Development Rights Program.
L. Cost no defense. Cost shall not be a defense to the imposition of remedies.
f 8-t1. Richt to Use Property for Recreational pumice%
The agricultural landowner retains the rift to use the Property for otherwise lawful personal,
gortggmmerc[al uses. Incudino. but not limited to. Waling. fshjng. cross-country skiing,
camping. and horseback riding. In all cases. such recreational uses cannot damage the
IL1l'.1Ilk- II'.., :1!.. 1..'; l! '1 Ili. '11' .-ll :_li', II .1-1 Vat lIII• ' - l;l .'11.11!•,4 illi! I1 =
acricultural useof theProcerty. }�
g 8-016]. Provisions to control over other legislation.
Notwithstanding the provisions of arty special law, charter law, local law or resolution which may
be inconsistent herewith, in whole or in part, this chapter shall in ail respects control In the
matter of the acquisition or alienation of development rights In agricultural lands.
g 8-1E14 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.
Seen 3. Aoollcab llty
•
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.
29
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Section.4. Severability. •
•
. if any dause, sentence, paragraph, subdivision, section or part of this law or the
application thereof to any person, individual, corporation, firm, partnership, entity or
circumstance shall be adjudged by any court of competent jurisdiction to be Invalid or
unconstitutional, such order of judgment shall not affect, impair or invalidate the remainder
thereat bur ihall be confined In Its operation to the clause, sentence, paragraph, subdivision,
section or part of this law, or in Its application to the person, Individual, corporation, firm,
partnership, entity or circumstance directly Involved In the controversy In which such order or
judgment shall be rendered.
SectlonAL SECattletannination. •
This Legislature, being the State Environmental Quality Review Act (SEQRA)
lead agency, hereby finds and determines that this resolution constitutes a Type U action
pursuant to Section 617.5(c)(20), (21), and/or (27) of Title B of the NEW YORK CODE OF
RULES AND REGULATIONS (8 NYCRR)AND WITHIN THE MEANING OF Section 8-0109(2)
of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of
regulations, rules, policies, procedures,-and legislative decisions In connection with continuing
agency administration,management, and Information collection, and the Suffolk County Council
on Environmental Quality (CEQ) Is hereby directed to circulate any appropriate SEQRA notices •
of determination of non-applicability or non-significance In accordance with this resolution.
Section 8. Effective Date. •
This law shall take effect immediately upon filing with the Secretary of State. •
DATED: November 19,2013
APPROVED BY:•
• County Executive of Suffolk County
Date:/2/03 •
After a public hearing duly held on December 2, 2013
Filed with the Secretary of State on December 28, 2013
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30
rIntro. Res. Res. No. 101/3 November 19, 2013
•
SWIM . ,p, faileenenti
Kowa.adpeelderm.A We M *cr Andar KWIC Beianeldennen.iambi Webs.Mbar
celeroa*Mena,am.Hen.Bern* eine.Montero,and,rte,Denim
Kennet,Novak,Horsley,Gnat Om DMwo,apMau Icumsdy.Noe**,thy,Gregory,Stem,CrAmro,Spur
Owed,actreklinven,_e,Munfore,M :
coma Modulo,Mee,earl,
Kennedy,Plortok,Hors*Omen Stir,D'Mtw,Spencer
: i
LD Legislator Yes No Abe NP R MOTION
1 .Albert J. KRUPSKIPrOVe . I
2 Jay H.SCHNEIDERMAN �,Table: _
3 Kate M. BROWNING Send To Committee
4 Thomae'MURATORE Table.Subject To Call .
- 5 Kan HAHN Lay On The Table
6 Sarah S.ANTER Discharge .
T Rob CALARCO _ Take Out of Order
8 ,,,.Reconsider
9 Ricardo MONTANO Waive Rule
10 Thomas CILIA! Override Veto -.
11 Thomas F.BARRAGAClose
Recess
12 John M. KENNEDY,JR.
13 Lynne C. NOWICK
15 DuWayne GREGORY APPROVED FAILED. ,
• 1 .r
16 Sown H. STERN No Motion_ No Second :
17 Lou D'AMARO
18 rWlillam SPENCER
1r 14 Wayne R. HORSLEY, D.P.O. / ' spTED ''
Totals I1NOT ADOPTED
74,44,1, 4kiet Roll Cell Voice Vote :
Tim taubs,Clerk of the Lplslatur
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SUFFOLK COUNTY • VW to to Ceitry That I, TIM LAUBE,Clerk of the Coo*
County Legislature Legislature of the County of Suffolk,have coinpared the foregoing o2py of
RIVERHEAD,NY resoksdon with the original resolution hav on file In this officer end ' '. ' . . ,
which was duly adopted by the County lagisbture of mid County on •
. 1
. . • November 19,2013'. end that the same Is e true feel
I
. el.141
correct transcript Of saki resolution lido'die whole thereof.
. r ,. ., . . in"Witness"Wfairee/have Nevado eel ft,hand end the
i ,..;;/)2„. lb: Adel seal of the County Legidature of the County of Suffak. .
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elsrk of the Ligislins - I
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{
Exhibit"A"
COUNTY Of SUFFOLK
ANNUAL FINANCIAL DISCLOSURE STATEMENT FOR
SUFFOLK COUNTY FARMLAND COMMITTEE MEMBERS
I HEREBY SUBMIT THE FOLLOWING FINANCIAL DISCLOSURE STATEMENT
UNDER OATH,LISTING THE ASSET'S,LIABILITIES,AND SOURCES OF INCOME OIF,
MYSELF AND MY SPOUSE.
PLEASE NOTE:
All questions must be answered;if a question is not applicable,please slate NIA. •
• Any dmnge in status related to this Annual Financial Disclosure Statement requires en
amendment be filed immediately with the County of Suffolk.
•
A GENERAL INFORMATLQr1; •
Date of Statement,
Name: - l
Address: •
Title: Date of Appointment: ? ':
Commission/Board: Dept.Telephone No.:
Brief Description of Duties:
Name of Spouse:
Occupation of Spouse:
• I
B. Please list any office,trusteeship directorship,position or interest of any nature,whether •
compensated or uncompensated,held by you or any member of your Emily with any
firm,corporation,association, partnership or other organization which does business or
has any matter pending with,oris licensed or regulated by,any County agency or
department (indicate whether held by you or any member of your family,and what ' •
County agency or depi rtment).
• .
:
I
C. Please list any occupation, trade,business or profession presently engaged in by you or
any member of your family which does business or has any matter pending with,or is
licensed or regulated by,a County agency or department(indicate whether engaged in by
you or any member of your family,and what County agency or department.
ly
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2
4 }
D. Please list below the following sources of income which are in excess of$1,000.00 for
you and your spouse for the twelve(12)months immediately preceding the filing of this
financial disclosure statement. Include your present employer or job title.
1. Compensated Continuing Employment of whatever nature; include present Employer
(County)and job title: }
2. Directorships and other Fiduciary Positions for which compensation has or will be
claimed:
i
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3. Contractual Arrangements producing or expected to produce income: i
4. Honorariums,lecture fees and other miscellaneous sources of income:
' l
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E. Please complete the following Schedules A-
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.7 �
3
•
• Piece indicate below the location,general nature, acquisition date and approximate market value•
of any real property in which any direct, indirect, vested or contingent interest is held by you or
your spouse, along with the names of all individuals or entities who share a direct interest or
indirect interest therein,if known toyou or
your spouse: • � f
Location: t •i
General Untrue*:
Acquisition date: .
Individuals or entities sharing interest: • ••.
Percentage of your interest: • _
Approximate market value of your interest*.*:
Valuation date:
Location:
General nature*: .
Acquisition date:
Individuals or entities sharing interest .
Percentage of your interest
. Approximate market value of your interest**:
Valuation date:•
Location:
General nature*: • ••
Acquisition date: .
Individuals or entities sharing interest: .
Percentage of your interest:
Approximate market value of your interest":
Valuation date: •
Location:
General nature*:
Acquisition date:
Individuals or entities sharing interest:
Percentage of your interest:
Approximate market value of your interest": •
Valuation date:
" F
*Please specify if commercial,industrial,residential,farm,vacant,or PDR property.
**If current market value is unascertainable without formal appraisal, list acquisition price and
date.
E
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liCHEIMILWalterest In Con with Government Instrumentalities
Please list any direct or indirect interest,whether vested or contingent,of you or your spouse, in
any contract made or executed by a Govamment instrumentality, excluding personnel
employment contracts(State,County,Municipal or other public agency of Now York):
. I
Government Instrumentality:. '
• Description of Interest& Nature of Contract:
Approx.Value of Interest:
Valuation Date: •
Government Insbruunentality:
Description of Interest& Nature of Contract:
Approx. Value of Interest:
Valuation Date:
Government Instrumentality:
Description of Interest& Nature of Contract
Approx.Value of Interest:
Valuation Date:
Government Instrumentality:
Description of Interest& Nature of Contract , r
Approx.Value. of Interest;
Valuation Date:
•Government Instrumentality: • •
Description of Interest& Nature of Contract •
Approx.Value of Interest
Valuation Date; • ••
Government Instrumentality:
Description of Interest& Nature of Contract
Approx.Value of Interest ,
Valuation Date:
Government Instrumentality:
Description of Interest& Nature of Contract:
Approx.Value of Interest:
Valuation Date: : •
•
Government Instrumentality;
Description of Interest&Nature of Contract
Approx.Value of Interest:
Valuation Date:
Check if Schedule B is Non-Applicable
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BCHEDULLC: . .
• Any additional information for which space is inadequate: •
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ATTESTATIPN • .
I hereby certify that I have read the foregoing Statement and the two-page Addendum
hereto and that,to the best of my knowledge and belief It is true,correct and complete and that I
have not and will not transfer any asset,interest or property for the purpose of concealing it from
disclosure while retaining an equitable interest therein.
I
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Signature
STATE OF NEW YORK: COUNTY OF SUFFOLK as:
Sworn to before me this day of 20_
Notary Public
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• APPROVED: DISAPPROVED:
BOARD OF PUBLIC DISCLOSURE
DATE: • ' BY: -
Chairman .
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7.
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ADDENDUM TO FINANICAL DISCLOSURE STATEMENT
CONFIDENTIALITY
(1)Any person who submits a written request to the Board shall be provided with a copy of
this disclosure statement if such person provides the following:
a. Nene and addren;
b. Name and address of a person or organization,if any,on whose behalf he is .
the co% • .
c. A simple form of identification to verify that he has given his accurate name and
• d. The reason for inspecting or copying the statement;
e. Payment of a reasonable fee,sufficient to cover the reasonable coat of reproduction
and/or Mailing of that statement,excluding the salary of any employee involved in
such reproduction or malting.
(2)Any employee who files a statement shall receive a list of the names and addresses of the •
persons or organizations inspecting or receiving a copy of this statement and the names
•
and addresses of the persona or organization, if any,on whose behalf such statements are
requested.
(3)Any employee who files a statement may request of the Board that a particular matter be
withheld from the public on the ground that it is highly personal to the employee. Such a
request shall be in writing on such form as the Board shall prescribe and shall specify the
highly personal nature of the information. The Board shall determine whether such •
material is of such a personal nature and whether its disolosure'to the public would
advance the public interest hi such a manner as to outweigh any personal embarrassment •
that might accrue to some individual other than the employee. If the Board determines
that the potential personal embarrassment;not financial or economic,outweighs the
public interest,then the Board shall withhold the statement from public disclosure, ,
(4) It shall be unlawftsl'for any person to inspector obtain a statement for. II�
. . a. Any unlawful purpose;
b. Any commercial purpose;
c. Determining or establishing the credit rating of an individual; = 1
. d. For use,directly or indirectly,in the solicitation of moneyfor any political,
charitable,or other purpose.
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(5)A civil acpon may be brought by the Board against any person who inspects or obtains a
report for any purpose prohibited in paragraph(4)of this subsection for the parpcse of
enjoining a violation and/or hnposfng a civil fine of$250.00 per violation.
• (6)The Board shall file with the Clerk of the County Legislature and with the Office of the
• County Executive on or before the 31ii dry of December of each year,a list of employees
subject to the filing requirements of this law together with an indication as to who has .
complied with the filing requirement,
•
RSCUEST UE FROR NON-DSURE OF CERTAIN PORTION(S) OF THE FINANCIAL
DITATEMENT
I(we)hereby request that
(identify-by section or paragraph) •
Not be disclosed to the public for the following reason(s):
•
DATE: •
Signature
•
DECISION OF THE COMMISSION: •
Approved: • Disapproved: _
SUFFOLK COUNTY ETHICS COMMISSION •
Date: By:
Chairman
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4 ( '1OO.
Itro. Res. �
Res. No:
November 181 Zola
4.110, kashaliking"Ar,loar ' Broaar�p,! .,Arts/
c a Malmo,Cam4►trlr4 eamOOa, Um Hallam,MM,Hilo,Osmo,
Ken,.NodCk,Hoeasq, r,el m,&Arn�a..apenar • i
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.LD Leo ib or Yes- No Abs NP R MOTION _
1- Albert J.KMJPBKI ' Ise . . , : I
2 Jay H.BCHNEIDEMlRAN � Table:r � < i
a Kati M.8R011YNhl40 - • • Send To CollprlRll
.
•
• 4 Thomas MURATORE
Table Subject To Cul
5 Kara HAHN Lay On The Table.
8 8arnh S.AMERDischarge .
7 Rob CALARCO Take Out of Order .
.)
S • • Reconsider
,
. 8. Ricardo MONTANO . _Waive Rule
10 manias CIL'4I
Ovenfdo Veto
11 Thomas F.BARRAGA . Close _ -
12 John M.KENNEDY,JR. / Recess
•
13 Lynne C. NOWICK
15 DuWayne GREGORY
- , , . APPRovED FAILED
16 Steven H.STERN No Moth No Second.
• 17 Lou D`AMARO
.
16 William SPENCER
14 Wayne R. HORSLEY,D.P.G. L,j a , ,PIED• • •
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COUNTY OF SUFFOLK
•
armlet Dellosie
ITEC
Department of
Economic Development Ind Planning
•
Divipion of Rea/property
Joanne Maier' !
Aegaidtion and Management
Deputy County Ewa:lithe and Commitoloner •
•
June 9, 2014
•
liene Vitti
P:O.Box 1337
Southold,New York 11971
Re: Site: Vitti Farm
Ower: Irene Vitti
Map Number: 1000-059.0M3:00p/o 027.000
SUFFOLK COUNTY 1/4%DRINICING WATER PROTECTION
PROGRAM-FARkLAND
Dear Ms. Vitti:
Suffolk County Procedural Resolution No. 21-2014,(the "Resolution")recently
passed the Legislature and;pursuant thereto, we are authorited to solicit your interest in
selling the deVeloPment rights to part of the above referenced property ta the County of
Suffolk, for the price set forth below subject to the complete execution and delivery of a
Contract of'Sale, final County Legislative approval and the availability of'fUnds from all
appropriate sources.
Pursuant to;the Resolution, the purchase price will be the sum of$940,000.00 in
ftiIJ payment for the development rights to part of the above referenced properly as
follows:
.TOTAL/PER ACRE VALUEbOTALL_ k,CREs DEVELOPMENT RIGHTS VALUE
$.55,000.00i 17.10 +1- ' $94000:00
•
Please be aware that if the property has structures that contribute to the highest
.and best use for valuation ptuposes,the cost:of detudishing thOse improvements may be
a seller's expense if the County's proposed use of the property does not include utilizing
those structures.
"
H_LEEDENtasot4 BLDG ip 100 VETERANS MERNRIAL HWY, Fl•P.O.sox 0100•ivitiPPAINE NY 11711-0019 (131)8534172
SCHEDULE "A"
All that certain plot,piece or parcel of land with any buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New
York, known as Suffolk County Tax Map No. 1000-059.00-03.00-027.000 p/o, being 19.10 E
acres, subject to a full metes and bounds description subsequent to and in accordance with an up-
too-date survey guaranteed to the County of Suffolk.
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Westlay ..
McKinney's Agriculture and Markets Law§305
Page i
•Effective:July 30,2010
. Mckinne y's Consolidated Laws of New York Annotated Currentness
Agriculture and Markets Law(Refs&Annos) •
'e Chapter 69 Of the Consolidated Laws
y Article 25-AA.Agricultural Districts(Refs&Annos)
-•••• §305.Agricultural districts;effects
I. Agricultural asp. a. agriculturalproduction within an agricultural district
shall be eligible for an agricultural assessment oft to this section. If an applichmtrents land from another
for.use in alum with the applicanra land for the production for sale of hops„ livestock or livestock
products, the gross sales value of such pronouns produced on such rented land shall be added to the gross tyles
value of such products produced on the land of the applicant for purposes of determining eligibility for an agri-
cultural assessment on the land of the applicant Such assessment shall be granted only upon an annual applica-
tion by the owner of such land on a form prescribed by the commissioner of taxation and fiance.e. The applicant
shall furnish to the assessor such information as the commissioner of taxation and finance shall require, includ-
ing classification information prepared for the epplicanrs land or water bodies used in agricultural production
the soil and water conservation district office within the county, and intimation dans treing the eligibility
for agricultural assessment of any land used in co junction with rented land as specified in paragraph b of subdi-
vision four of section hundred one of this article.Such application shall be filed with the assasae r of the as-
sessing resit on Or before the appropriate taxable stats date; provided, however, that(I)in the year of a revalu_
.ation or update of assessments, as those terms are defined in section one hundred two of the real property tax
law, the application may be filed with the assessor no later than the thirtieth day prior to the dry by which the
tentative assessment roll is required to be filed by law;or(ii)an application for such an assessment may be filed
with the assessor of the assessing unit after the appropriate taxable status date but not later than the last date on
which a petition with respect to complaints of assessment may be filed, where failure to file a timely application
resulted from: (a)a death of the applicant's spouse, child,parent, brother or sister, (b)an illness of the applicant
or of the applicants spouse,child, parent,brother or sister, which actually prevents the applicant from filing on a
timely.basis, as certified by a licensed physicim, or(c)the occurrence of a natural disaster, incliuding, but not
limited to, a flood,or the destruction of such applicant's residearce, barn or other fano building by wind, fire or
flood if the assessor is satisfied that the applicant is entitled to an agricultural assessment,the assessor shall ap-
prove the application and the land shall be assessed pursuant to this section. Not less than tem days prior to the
date for hearing complaints in relation to assessments, the assessor shall mail to each applicant, who has hi-
chided with the application it least one pelf-addressed,ree-paid envelope, a notice of the approval or denial of
the application Such notice shall be on a form prescribed.by the commissioner of taxation and finance which
shall indicate the manner in which the total assessed value is apportioned among the various portions of the
property subject to agricultural assessment and those other portions of the property not eligible for agricultural
assessment as determined for the tentative assessment roll and the latest final assessment roll. Failure to mail
•
any such notice or failure of the owner to receive the same shall not prevent the levy,collection and enforcement
of the payment of the taxes on such real property.
D 2011 Thomson Reuters.No Claim to Orig,US Gov.Works.
EX1-1181T /I y '
•
McKinoey's Agriculture and Markets Law 1305
Page 2
b. Thar portion of the value of land utilized for agricultural production within an agricultural district which rep.
resents an excess above the agricultural assessment as determined in accordance with this subdivision shall not
be subject to real property taxation. Such excess amount if any shall be entered on the assessment roll in the
manner prescribed by the commissioner of taxation and finance.
c.(1)The assessor shall utilize the agricultural assessment values per acre certified pursuant to section three hun-
dred four-a of this article in determining the amount of the =amen! of lands eligible for agricultural assess-
menu by multiplying those values by the number of acres of land utilized for agricultural production rind adjust-
ing such result by application of the latest stare equalization rate or a special equalization rate as may be estab-
lished and certified by the commissioner of taxation and fntance for the purpose of computing the agricultural
assessment pursuit to this paragraph.This resulting amount shall be the agricultural assessment for such lands.
(ii) Where the latest state equalization rate exceeds one hundred, or where a special equalization rate which
would otherwise be established for the purposes of this section would exceed one hundred, a special equalization
rate of one hundred shall be established and certified by the commissioner for the purpose of this section.
(iii)Wheat a special equalization rata has been established and certified by the commissioner for the purposes of
this paragraph,the asseuor is directed and authorized to recompute the agricultural assessment.on the assess-
ment roll by applying such special equalization,rate instead of the latest date equalization rate, and to make the
appropriate corrections on the assessment roll, subject to the provisions of title two of article twelve of the real
property tax law.
d. (i) If land within an agricultural district which received an agricultural assessment is converted parry, ass'de-
scribed on the assessment roll which include land so converted shall be subject to payments equalling five times
the taxes saved in the last year in which the land benefited from an agricultural assessment, plus interest of six
percent per year compounded annually for each year in which an agricultural assessment was granted, not ex-
ceeding five yem. The amount of taxes saved for the last year in which the land benefited from an agricultural
assessment shall be determined by applying the applicable tax rates to the access amount of mused valuation
of such land over its agricultural assessment as set forth on the last assessment roll which indicates such an ex-
cess. If only a portion of a parcel as described on the assessment roll is convened, the assessor shall apportion
the assessment and agricultural assessment attributable to the convened portion, as determined for the last as-
sessment roll far which the assessment of such portion exceeded its agricultural assessment The difference
between the apportioned assessment and the apportioned agricultural assessment shall'be the amount upon
which payments shall be determined. payments shall be added by or on behalf of each taxing jurisdiction to the
taxes levied on the assessment roll prepared on the basis of the first taxable status date on which the assessor
• considers the land to have been converted; provided, however, that no payments shall be imposed if the last as-
sessment roll upon which the property benefited from an agricultural assessment, was mare than five years prior
to the year for which the assessment roll upon which payments would otherwise be levied is prepared
(ii) Whenever a conversion occurs, the owner shall notify the assessor within ninety days of the date such con-
version is commenced. If the landowner fails to make such notification within the ninety day period, the assess-
ing unit, by majority vote of the governing body, may impose a penalty on behalf of the assessing unit of up to
D 2011 Thomson Reuters.No Claim to Orig.US Gov.Works.
McKinney's Agriculture and Markets Law§305
Page 3
•
two times the total payments owed, but not to exceed a maximum total penalty of five hundred dollars in addl.
tion to any payments owed.
(iiiXa) An.assessor who determines that there is liability for payments and any penalties assessed pursuant to
subparagraph (ii)of this paragraph shall notify the landowner by mail of such liability at least ten days prior to
the date for hearing complaints in relation to assessments. Such notice shall indicate the property to which pay..
moots apply and describe bow 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 Foments shall be subject to administrative and judicial review as provided by law for review of
assessments.
•
(iv) If such land or any portion thereof is converted to a use other than for agricultural production
oil, gas or wind exploration, development, orby virtue ofr
cpm t, extraction activity or by virtue of a taking by eminerht domain or
other involuntary proceeding other than a tax sale,the land or portion so converted shall not be subject to pay-
ments..if the had so converted constitutes only a portion of a parcel described on the assessment roll. the as-
sessor shall apportion the assessment. and adjust the egricuh'rual assessment attributable to the portion of the
parcel not subject to such conversion by subtracting the proportionate part of the agricultural assessment attrib-
utable to the portion so converted. Provided fu ther that land within an agricultural district and eligible for an
agricultural assessment shall not be considered to have been converted to a use other than for agricultural pro-
duction solely due to the conveyance of oil,gas or wind rights associated with that land.
•
(v)An assessor who imposes any such payments shall annually,and within forty-five days following the date on
which the final assessment roll is required to be filed,report such payments to the commissioner of taxation and
finance on a form prescribed by the commissioner.
(vi)The assessing unit, by majority vote of the governing body, may impose a minimum payment amount, not to
exceed one hundred dollars.
(vii) The purchase of hind in fee•by the city of New Yodt for watershed protection purposes or the conveyance
of a conservation easement by the city of New York to the deparmrent of envimunnmental conservation which .pro-
hibits future use of the land for agricultural purposes shall not be a conversion of parcels and no payment shall
be due under this section.
•
e. in connection with any district created under section three hundred four of this article,the state shall provide
- assistance to each luting jurisdiction in an amount equal to one-half of the tax loss that results from requests for
agricultural assessments in the district. The amount of such tax loss shall be computed annuallyby applying the
applicable tax rate to.an amount computed by subtracting the agricultural assessment from the assessed value of
the property on the assessment roll completed and filed prior to July first, nineteen hundred seventy-one, taking
into consideration any change in the level of assessment. The chief fiscal officer of a taxing jurisdiction entitled
to state assistance under this article shall make application for such assistance to the commissioner of taxation
0 2011 Thomson Reuters.No Claim to Orig.US Gov. Works.
•
•
MclCinrrey's Agriculture and Markets Law§305Page 4
and finance on a form approved by such commissioner and containing such information as the commissioner
shall require. Upon approval of the application by such commissioner. such assistance shall be apportioned and
paid to such taxing jurisdiction on the audit and warrant of the state comptroller out of moneys
the legislature for the purpose of this article; provided, however, thatappropriated
dnrtxd one-half the amount of any such assistance payment shall be r,e-
bY any payments levied under subparagraph.(i)of paragraph d of this subdivision,
for land in any district created under section three hundred four of this article, unless one-half the'amount of
such psyments has already been used to reduce a previous assistance payment under this paragraph.
f.Notwithstanding any inconsistent general, special or local law to the cannery, if a natural disaster,act of God,
or continued adverse weather conditions shall destroy the agricuhural production and such fact is certified by the
cooperative extorsion service and, se 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 ',Ordure' assessment provided the
owner shall substantiate in such manner as prescribed by the commissioner of taxation and finance that the agri-
cultural production initiated on Inch land would have produced an average gross sales value of ten thousand dol-
lars or more but for the natural disaster,act of God or continued adverse weather conditions.
2.Repealed by L.1997, c.357,19.
3. Policy of state'agencies. It shall be the policy of all state agencies to encourage the maintenance of viable
farming in agricuhyral districts and their administrative regulations and procedures shall'be modified to this end
•
insofar as is comistent with the promotion of'public health and safety_and with the provisions of any federal
statutes, standards, criteria, rules, regulations, or policies, and any other requirements of federal agencies, in-
cluding provisions applicable only to obtaining federal grants,loans,or other funding.
4. Limitation on the exercise of eminent domain and other public acquisitions, and on the advance of public
funds. a. Any agency of the state, any public benefit corporation or any local government which intends to ac-
quire land or any interest therein, provided that the acquisition from any one actively operated farm within.the
district would be in excess of one acre or that the total acquisition within the district would be in excess of ten
acres, or which intends to construct, or advance a grant, loan, interest subsidy or other finds within a district to
construct, dwellings, commercial or industrial facilities, or water or sewer facilities to serve non-firm structures,
shall use all practicable means ion 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 oaxuidemtions,
to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable
farm enterprise or enterprises within the district. The adverse egricuhural impacts to be minimized or avoided
shall include impacts revealed in the notice of intent process described in this subdivision.
b: As early as possible in the development of a proposal of en action described in paragraph ■ of this subdivi-
sion, but in no event later than the date of any determination as to whether an environmental impact statement
need be prepared pursuant to article eight of the environmental conservation law, the agency, corporation or
government proposing an action described in paragrapha of this subdivision shall file a preliminary notice of its
intent with the commissioner and the county agricultural and farmland protection board in such manner and
form as the commissioner may require.Such preliminary notice shall include the following:
0 2011 Thomson Reuters.No Claim to Orig.US Gov. Works.
•
•
McKinney's Agriculture and Markets Law§305 Page s
(i)a brief description of the proposed action and its agricultural setting;
(ii) a summary of any anticipated adverse impacts on farm operations and agricultural resources within the die.
trict;end
(iii)such other information as the commissioner may require.
c. The agency, corporation or government proposing the action shall also, at least sixty-five days prior to such
acquisition, construction or advance of public finds, file a final notice of intent with the comiaissioner and the
county agricultural and farmland protection board. Such final notice shall inchude a detailed agricultural impact
statement setting forth the following:
(i)a detailed description of the proposed action and in agricultural setting;
(ii)the agricultural impact of the proposed action including short-term and long-term effects;
(iii)any adverse agricultural effects which cannot be avoided should the proposed action be implanmtted;
(iv)alternatives to the proposed action;
(v)any irreversible and irretrievable commitments of agricultural resources which would be involved in the pro-
posed action should it be implemented;
(vi)mitigation measures proposed to minimize the adverse impact of the proposed action on the continuing viab-
ility of a farm enterprise or enterprises within the district;
(vii) any aspects of the proposed action which would encourage non-farm development where applicable and
appropriate;and
(viii)such other information as the commissioner may require.
The commissioner shall promptly determine whether the final notice is complete or incomplete. U the commis-
sioner does not issue such determination within thirty days, the final notice shall be deemed complete. if the fi-
nal notice is determined to be incomplete, the commissioner shall notify the party proposing the action in writ-
ing of the reasons for that determination. Any new submission shall commence a new period for department re-
view for purposes of determining completeness.
d. The provisions of paragraphs b and c of this subdivision shall not apply and shall be deemed waived by the
0 2011 Thomson Reuters.No Claim to Orig.US Gov.Works.
McKinney's Agriculture and Markets Law §305 Page 6
•
owner of the land to be acquired where such owner signs a document to such effect and provides a copy to the
commissioner.
e. Upon notice from the commissioner that he or she has accepted a final notice as complete, the county agricul-
tural and farmland protection board may, within thirty days, review the
proposed action and its effect on farm.
operations and agricultural resources within the district, and report its findings and recommendations to the
commissioner and to the party proposing the action in the case of actions proposed by a state agency or public
benefit corporation, and additionally to the county legislature in the case of actions proposed by local govern-
ment agencies.
f Upon receipt and acceptance of a final notice, the commissioner shall thereupon forward a copy of such notice
to the co;nmissinuer of environmental conservation and the advisory council on agriculture. The commissioner, •
in consultation with the commissioner of environmental conservation and the advisory council on agriculture,
within forty-five days of the acceptance of a final notice, shall review the proposed action and make an initial
determination whether such action would have an unreasonably adverse effect on the continuing viability of a
farm enterprise or enterprises within the district,or state environmental plans,policies and objectives.
If the commissioner so determines, he or she may (i)issue an, order within the forty-five day period directing the
state agency, public benefit corporation or local government not to take such action for an additionalperiod of
sixty days immediately following such forty-five day period; and (ii) review the proposed action to determine
whether any reasonable and practicable alternative or alternatives exist which would minimize or avoid the ad-
verse impact on agriculture in order to sustain a viable firm enterprise or enterprises within the district.
The commissioner may hold a.public hearing concerning such proposed action at a place within.the district or
otherwise easily accessible to the district upon notice in a newspaper having a general circulation within the dis-
trict, and individual notice, in writing, to the municipalities whose territories encompass the district, the com-
missioner of environmental conservation, the advisory council on agriculture and the state agency,public benefit
corporation or local government proposing to take such action. On or before the conclusion of such additional
sixty day period,the commissioner shall report his or her findings to the agency,corporation or government pro-
posing to take such action,to any public agency having the power of review of or approval of such action, and,
in a manner conducive to the wide dissemination of such findings, to the public. If the commissioner concludes
that a reasonable and practicable alternative or alternatives exist which would minimize or avoid the adverse im-
pact of the proposed action, he or she shall propose that such alternative or alternatives be accepted. If the
agency, corporation.or government proposing the action accepts the commissioner's proposal, then the
require-
ments of the notice of intent filing shall be deemed fulfilled. If the agency,corporation or government rejects the
commissioner's proposal, then it shall provide the commissioner with reasons for rejecting such proposal and a
detailed comparison between its proposed action and the conrnissioners alternative or alternatives.
•
g. At least ten days before commencing an action which has been the subject of a notice of intent tiling, the
agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the
requirements of this subdivision have been met, and that consistent with social, economic and other essential
considerations, to the maximum extent practicable, adverse agricultural impacts revealed in the notice of intent
0 2011 Thomson Reuters.No Claim to Orig. US Gov. Works.
McKinney's Agriculture and Markets Law§305
Page 7
•
process will be minimized or avoided. Such certification shall set forth the reasons in support of the finding.
•
h. The commissioner may request the attorney general to bring an action to enjoin any such agency,corporation
or government from violating any of the provisions of this subdivision. •
h-1. Notwithstanding any other provision of law to the contrary, no solid waste management tiscility shall be
sited on land in agricultural production which.is located within an agricultural district, or land in agricultural
production that qualifies for and is receiving an agricultural assessment pursuant to section three hundred six of
this article.Nothing contained herein,however,shall be deemed to prohibit siting when:
•
(i)The owner of such land has entered into a written agreement which shall indicate his consent for she consid-
eration;or •
•
(ii) The applicant for a permit has made a commitment in the permit application to fund a finn land protection
conservation easement within a reasonable proximity to the proposed project in an amount not less than the dol-
larvalue of any such farm land purchased for the project;or
(iii)The commissioner in concurrence with the commissioner of environmental conservation has determined that
any such agricultural land to be taken,constitutes less than five percent of the project site..
For purposes of this paragraph, "solid waste management facility" shall have the same meaning as provided in
title seven of article twenty-seven of the environmental conservation law,but shall not include solid waste trans-
fer stations or land upon which sewage sludge is applied, and determinations regarding agricultural district
boundaries and agricultural assessments will be based on those in effect as of the date an initial determination is
made, pursuant to article eight of the environmental conservation law, as to whether an environmental impact
statement needs to be prepared for the proposed project.
i. This subdivision shall not apply to any emergency project which is immediately necessary for the protection
of life or properly or to any project or proceeding to which the department is or has been a statutory party.
j. The commissioner may bring an action to enforce any mitigation measures proposed by a public benefit cor-
poration or a local government, andaccepted by the commissioner, pursuant to a notice of intent filing, to min-
imize err avoid adverse agricultural impacts from the proposed action.
S. Limitation on power to impose benefit assessments, special ad valorem levies or other rates or fees in certain
improvement districts or benefit areas. Within improvement districts or areas deemed benefited by municipal
improvements including, but not limited to, improvements for sewer, water, lighting. non-farm drainage, solid
waste disposal, including those solid waste management facilities established pursuant to section two hundred
twenty-six-b of the county law, or other landfill operations, no benefit assessments, special ad valorem levies or
other rates or fees charged for such improvements may be imposed on land used primarily for.agricultc nal pro-
O 2011 Thomson Reuters.No Claim to Orig.US Gov.Works.
McKinney's Agriculture and Markets Law§305
Page 8
•
duction within an agricultural district on any basis, except a lot not exceeding one-half acre surround-
dwelling or non-inn structure located on said land, nor on any farm structure loud in am Y
.unless such structure benefitsagricultural�strta
unless s �thatsuif such benefit directly from the service of such improvement district or benefited area; provided,
assessments, ad valorem levies or other rates or fees were imposed prior to the
formation of the agriculturral district, then such benefit aaaesameats,ad valorem levies or other nates or fees shall
continue to be imposed on such land or firm strucnne.
6. Use of assessment for certain purposes. The gig body of a fire, fire protection, or ambulance district for
which a benefit assessment or a special•ad valorem levy is made, may adopt a resolution to provide that the as-
sessment determined pursuant to subdivision one of this section for such property shall be used for the benefit
•assessment or special ad valorem levy of such free,fire protection,or ambulance district.
7.
• the Notwithstanding any provision of law to the contrary, that portion of the value of land which is used solely for
purpose of
�
reP �8 crop expansion as part of an orchard or vineyard shall be exempt from read property
taxation for a period of six successive years following the data of such replanting or crop evasion beginning
on the first eligible taxable status date following such replanting or expansion provided the following conditions
are met:
a. the
�larnd landus foused r crop expansion or replanting must be a part of an existing orchard or vineyard which is loc-
ated
agricultural production within an agricultural district or such land must be pact of an exist-
ing orchard or vineyard which is eligible for an agricultural assessment pursuant to this section or section three
hundred six of this chapter where the owner of such land has filed an annual application for an apiculture! as-
sessment;
b. the land eligible for such real property tax exemption shall not in any one year exceed
on land used in twenty percent of the
total acreage of such orchard or vineyard which is located a
cultural ral district or twenty patent of die total atgricuhurel production within an agri-
cultural
acreage of such orchard or vineyard eligible for an agricultural as-
sessment to this section and section three hundred six of this chapter where the owner of such land has -
filed an annual application for an agricultural assessment;
c. the land eligible for such real property tax exemption must be maintained as land used in agricultural produc-
tion as part of such orchard or vineyard for each year such exemption is granted;and
d. when the land used for the purpose of replanting or crop expansion as part of an orchard or
vineyard within an area which has been declared by the governorto be a disaster emergencyis locatedh
exemption is sought and in a year in which such land meets all ether eligibility requirements a year inwhich e tax
exemp-
tion set forth in this subdivision, the maximum twenty ' ty ion s such taxparagraph b
of this subdivision may be exceeded for such year and a cion set forth in b
that the land eligible for such real any remaining successive years, provided, however, •
des-
troyed by suisuch property tax exemption shall not exceed the total acreage damaged or year or the total acreage which remains damaged or destroyed in
successive year.The total eatiage for which such ax any remaining
eaahption is sou
to verification by the commissioner or his designee. sought pursuant to this paragraph shall be subject
0 2011 'ihomson Reuters.No Claim to Orig.US Gov. Works.
•
McKianry's Agriculture and Markets Law§305 page 9
In administering this subdivision, the portion of the value of land eligible for such real property tax exemption
shall be determined based on the average per.acre assessment of all agricultural land of the specific tax parcel as
reported in a form approved by the commissioner of taxation and finance.
CREDIT(S)
(Added L.197I,c. 479, § 1. Amended L.1972, c. 712, §4; L.1973, c. 232,§§ 1, 2;L.1974, c. 169, § I; L.1975,
c. 464,§6; L.1975,c.717, § 1; L.1976,c. 576, § 1;L.1978,c.663, § I;L.1979,c.266,§2;L.1980,c. 79, §§ 8
to 10; L.1981,c. 79, § 1; L.1981, c. 846, § 22; L.1982, c. 564, § 1; L.1983, c. 443, § I; L.1985, c. 280, § 23;
L.1985, c. 816, § 1; L.1987, c. 508, § l; L.1987, c. 774, §§ 3 to 6; L.1988, c. 736, § 2;L.1990, c.'396. § 3;
L.1990, c. 698, § 1; L.1990, c. 758 § 1; L.1991, c. 562, § I; L.1992. c. 534, § 2; L.1992, c. 797, ¢§ 9. 10;
1.1993; c. 440, § 22; L.1994, c. 385, § 20; L.1994, c. 590, § 15; L.1995. c. 235, §§ 4, 5; L1995, c. 319, § 1;
L.1995, c. 324, § 1; L.1995, c.495, § 2; L.1997, c. 2, § I, eff. Sept. 10, 1997; L.1997, c. 357, §§ 8 to 10. eff.
Nov.3, 1997;L1997,c.362, §10. off. Aug. 5, 1997; L1998,c. 102,'§ 6,eff.June 9, 1998;L.1999, c.472, § 1,
eff..Sept. 7, 1999; L.2000, c. 144, § 10, eft. July 11,2000; L.2003, c. 565, § 2, eff. Sept.22, 2003; L.2006, c.
680, § 1, eft. Sept. 13, 2006; L.2006, c.689, § I, eft Sept. 13, 2006; L.2007, c. 514, § 1,eff. Aug. 15, 2007;
L.2010,c.56,pt. W,§1,subd.(d),eff.June 22,2010;L.2010,c.229,§ 1,of July 30,2010.)
Current through L.2011, chapters 1 to 54, 57 to 521, 523 to 524, 526, 528 to 533, 536,537, 539 to 548, 551 to
559,561 to 564,565,and 567 to 569.
0 2011 Thomsen Reuters
END OF DOCUMENT
•
0 2011 Thomson Reuters.No Claim to Orig. US Gov. Works.
STATE OF NEW YORK )
)ss.:
COUNTY OF SUFFOLK )
•
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(s)whose name(s)is(are)subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the
person upon behalf of which the individual(s)acted,executed the instrument.
Signature and Office of Individual
Taking Acknowledgement
•
STATE OF )
)ss.:
COUNTY OF ) •
On the day of ,in the year 200_, before me,the undersigned,
personally appeared ,personally!mown to me or proved to me on the
basis of satisfactory evidence to be the individuals)whose name(s)is(are)subscribed to the
within instrument and acknowledged to me that he/shehhey executed the same in his/her/their
capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s},or the
person upon behalf of which the individual(s)acted,executed the instrument,and that such
individual(s)made such appearance before the undersigned in
(Insert the city or other political subdivision and the state or country or other place the
acknowledgement was taken).
Signature and Office of Individual
Taking Acknowledgement
•
DOCUMENT FOR COMPLIANCE WITH NEW YORK STATE -
AGRICULTURE AND MARKETS LAW 1305(4)
•
2�N� C - . V K- _ . ,residing at ..Co•`30¢ • 1331 s ou t t jou Y f 1871
• ,herinafter described as
the SRLIER(S),is in the process of executing a contract with Suffolk County,County Center,
Rive tend,New York 11901 a e'b ori
hereiinafer described u the PURCHASERS; . .
WHEREAS,the SELLERS and the PURCHASERS desire to enter into a contract for the
sale of fe rnnland development rights to SufolkCounty►Tax Map No. /000 -0-59.t)D 03-0-#027410
Plass check either A.or B.
•
A: The subject praises is not located within an agricultural district purroant to
New York State Agriculture and Markets Law Article 25AA.
OR • .
yB. The subject premises is located within en agricultural district purluent to
- New York State Agriculture and Markets Law Article 25AA.
•
•
If you checked yes to B.noted above,please respond to the following .
•
• 7\( C. The PURCHASERS should proceed with an application to the State of New
York ind follow up with the procedure u firrther stated in New York State
• A,grialt re and Markets Law S305(4Xa) d(b). •
OR.. .
•
D. The SEILER desires that the provisions ofNew York State Agriculture and
Marietta Law P05(4)(b)and(c)shall not apply and shall be deemed waived
by the SELLER,in accordance with New York State Agriculture Ind
. Markets Law 1305(4)(4 Farthermore,the SELLER authorizes the
. PURCHASERS to Provide a copy of this document to the Carnmiuionsr of
Agriculture and Markt¢.
•
•
Ex17B1T p .
t�A
STATE OF NEW YORK )
) ss.:
COUNTY OF f i7EEAJS )
On the /$ day of 1 MJLR'Y , in the year 2013'before me, the undersigned,
personally appeared Irene C. Vitti,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 she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
Signa ure and @iii e of Individual
g Acknowledgment
SEE WON JUNG
Notary Public,State of New York
No.02JU6271868
Qualified In Queens County
Commission Expires November 05,2016