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HomeMy WebLinkAbout1000-108.-2-5.2 & 5.3 COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFQLK COUNTY EXECUTIVE - _ 17 'pDEPARTMENT of ECQNQMIC DEVELQPMENT AND PLANNING ���F��! SARAH LANSDALE COMMISSIONER NOY11 2025 ELISA PICCA CHIEF DEPUTY COMMISSIONER SGU-�i-it)L��TD`�I'�d\l PLANU f N G DDA26L...J October 21, 2025 Michael J. Verity Chief Building Inspector Town of Southold—Building Department i J a Hall Annex Building Town. g 54375 Route 25 ;,' �.:. OCT 2 7 2025 Southold,NY 11971 k Re: Owner: Casmo Carucci Tax Map No.: 1000--108.00-02.00-005.004 p/o F/K/A 1000-108.00-02.00-005.002 p/o and 1000-108.00-02.00-005.003 p/o Program: Pi-e-yervinfy Farintand Lor tl-ze Fytyre Bonded . evelo olent Rights- Farmland And New Suffolk County '/% Drinking Neater Pi-otection Pro am — De veley wq cta .l iglits—PA GO--Farmland Dear Mr. Verity: The County is now the owner of the development rights to the above referenced property.We are enclosing a copy of the survey, contract and deed for your records. We request that no building permits be issued for any improvements or development on the subject property,unless the Suffolk County Farmland Committee has consented to the application in advance. Thank you for your anticipated cooperation. Very truly yours, yo Michael Brown Acquisition Supervisor Enclosures: Survey Correction Contract Deed Correction Deed cc: Alexander Prego, P.E., Chief Engineer, DPW Mikael Kerr, Open Space &Farmland Administrator, Division of Planning Melissa Kangas, Planner, Division of Planning(w/ Contract, Deed, Survey) Andrew Amakawa, Senior Planner, Division of Planning Eric Lawler, GIS Coordinator., Division of Planning Sam Bail, LMS VI, Division of Real Property Acquisition& Mgmt. * Denis Noncarrow, Town Clerk Charles Sanders., Town Assessor Claire Glew, Assistant to Town Assessor Gary Simonson, Director, Real Property Tax Service Agency Lorraine Pauzer, Real Property Tax Service Agency COUNTY OF SUFFOLK EDWARD P. ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER -MEMORANDUM To: Sain Bail, LMS VI Real Property Manager From: Michael Brown, Acquisition Supervisor Date: October 21, 2025 Re: Owner: Casmo Carucci Tax Map No.: 1000-10 8.00-02.00-005.004 p/o F/K/A 1000-108.00-02.00-005.002 p/o and 1000-10 8.00-02.00-005.003 p/o Program: Preservu;g 4M.1and Lor 1he Fruturc Bonded Fia-0- Developmei7t RLgLils- Farmland And New Stiffolk C za?l Drinkink 47at r Protection ProV-atn.Development fights—PA Y —Farmland The transfer of development rights for the above-named farm has been completed. Enclosed are the following for the inventory file: 1. Copy of Recorded Deed of Development Rights and Correction Deed. 2. Copy of Recorded Correction Contract of Sale. 3. 2 Surveys. Please add this farm to your list requiring annual inspections. Enclosures (3) cc: Sarah Lansdale, Commissioner Dept. of Economic Development& Planning H. Lee Dennison Bldg. —2 d Floor Haupp auge,NY 117 8 7 Alexander Prego, P.E., Chief Engineer Dept. of Public Works Yaphank Avenue Yaphank,NY 119 8 0 Michael J. Verity, Chief Building Inspector Town of Southold—Building Department Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,NY 11971 Denis Noncarrow, Town Clerk Charles Sanders, Town Assessor Claire Glew, Assistant to Town Assessor Laurie A. Zaneski, AICP.5 Planning &Building Administrator I Illlll IIIII iilll IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CONTRACT OPTION Recorded: 08/13/2025 Number of Pages .- 80 At: 09 : 45 :31 AM Receipt Number : 25-0103529 TRANSFER TAX NUNBER: 25-01031 LIBER: D00013304 PAGE : 912 District: Section Block: Lot: 1000 108 . 00 02 . 00 005. 004 MORTGAGE TAX NUMBER: DQ012614 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 Conm.Pres $0 .00 YES Comm.Pres Fund $0 . 00 YES Comm.Housing Fund $0 .00 YES Mort.Basic $0 . 00 YES Mort.Addl $0 . 00 YES Mort.SplAddl $0 . 00 YES Mo r t.SplAs s t $0 .00 YES Fees Paid $0 .00 TRANSFER TAX NUMBER: 25-01031 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULED County Clerk, Suffolk County Numberof pages RECORDED 1AU0 13 091-t5,1131 AN vfo tlw PUILE0 -M OF S,lF This document will be public !7- r.-,[ . COLK r3 record. Please remove all L 7n 0-:1C! Social Security Numbers prior to recording. r,�-''j-�y J Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Mortgage Arrit. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation� Spec.lAssit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A, IF Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Aftidavdi Mansion Tax The property covered by this mortgage is -"Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. YES or NO Other fI J4 If NO,see appropriate tax clause on Grand Total page# of this instrument_ L el\ 5573365 1000 10800 0200 005004 4 Dist.1000 0 5 Community Preservation Fund p T S Real Property R CVA Consideration Amount$ IT Tax Service (i-1 11111111111111111111 Agency CPF Tax Due $ Verification ��. Improved Sallisfactlo'nsiDischargesl el aces Lis Property U-wners Mailling Address 6 1 -- R U%311-'16q4*1Qk0b1.-Y Vacant Land DIV.OF REAL PROPERTY ACQUISMON TD AND MANAGEMENT H.LEE DENNISON BLDG.-2nd FLOOR TD 100 VETERANS MEMORIAL HIGHWAY P.O.BOX 6 100 TD HAUPPAUGE.NY 11788-0099 A Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company information 310 Center Drive, Riverhead, NY 11901 -Co.Name ABSTRACTS INCORPORATED www.suffolkcountyny.govlclerk Fitie P-23-38-0150-11776 8 Suffolk County Recording & Endorsement Page This page forms part of the attached CORRECTION CONTRACT FOR DEVELOPMENT RIGHTS(PDR)made by: (SPECIFYTYPE OF INSTRUMENT) CASMO CARUCCI The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the TOWN of SOUTHOLD COUNTY OF SUFFOLK In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over} IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOIL TGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,*you will now need tc co nta ct your local Town T ax Receiver so that you may be billed directly for al I future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 31�. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y.11757 Riverhead, N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y.11971 (631)224-55807 (631)765-1803 Sincerely, Vincent Puleo Suffolk County Clerk 12-010 0 6/06kd CORRECTION CONTRACT THIS AGREEMENT, made this day o �,CQ W� Two Thousand Twent� BETWEEN CASMO CARUCCI,,, WITH AN ADDRESS AT 11780 COUNTY ROAD 48, NIATTITLJK,,NY 11952 . hereinafter described as the SELLER., and the COUNTY OF SUFFOLK., a municipal corporation, having its principal offices at County Center, Riverhead, New York, hereinafter described as the PURCHASER, WITNESSETH, that the SELLER agree 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 as it now exists and as it may be amended or modified, and pursuant to any related local laws, Planning Steps Resolution 190-2022, Procedural Motion No. 27-2022, Suff-oll County Fm-m Laiid Committee Resolution No. FC-04-2022 and Authorizing Resolution No.0. -2 0 ol 2) 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: 1000-108.00-02.00- 005.002p/o and 1000-108.00-02.00-005.003p/o, being 9.0± acres, more particularly bounded and described as set forth in the description annexed hereto as Exhibit "G", (the"Premises"). I. Development Rights, as authorized by §247 of the New York State General Municipal Law, as amended,, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production and the right to preserve open space as that term is defined in §247 of the General Municipal Law as amended, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same all pursuant to applicable state and local law. By the sale of such development rights and interest, the 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. 2. The SELLER acknowledge 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-5 assigns and/OTparty or parties m' lavm'it possession of the premises, pursuant to lease, license or other arrangement, shall be permitted to remove soil om the property to be covered by these development rights. A purpose of this acquisition is to protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important. soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance, This Contract is being recorded to correct the Contract dated December 12, 2023, recorded January 27, 2025, in the Office of the Suffolk County Clerk, in Tiber 13281 page 578. Which contract contained an incorrect Schedule "A" description in Exhibit "G". 1 final 12-13-2022 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable for agricultural production and the PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation thereto,to hold a public hearing on said purchase and acquisition, and thereafter, either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion of the premises which is suitable for agricultural production, as herein defined, in which case the price Will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. 4. The price is SEVEN HUNDRED TWENTY THOUSAND and 00/100 DOLLARS,, more or less ($720,000.00±), based on the representation of the SELLER that the Premises contain 9.0± acres of land suitable for agricultural production, the Development Rights of which are valued at EIGHTY THOUSAND 00/100 DOLLARS ($80,000.00 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 are 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. The aforesaid price for the total acreage as noted above shall be payable by Suffolk County check at the time of closing, subject to the terms and conditions as set forth herein including but not limited to paragraph 8 of this agreement. 4A. Pursuant to Suffolk County Farmland Committee Resolution FC-04-2022 prior to acquisition, the landowner shall merge the proposed Western PDR area (p/o SCTM lot # 1000- 108.00-02.00-005.002) consisting of approximately 4.2+/- Acres with the proposed Eastern PDR area (p/o SCTM lot# 1000-108.000-02.00-005.003) consisting of 4.8+/- acres to form one larger County PDR tax map parcel consisting of 9.0+/- Acres. This paragraph 4A is a material condition precedent to closing. 2 final 12-13-2022 I 4B. Pursuant to Suffolk County Farmland Committee Resolution FC-04-2022 prior to acquisition, the landowner shall submit a filed covenant and agreement in perpetuity to the satisfaction of the County affirming any future sale of the merged 9.0+/- acres preserved farm PDR area shall also include the development rights intact area where the existing residence is located,, and the development rights intact area shall not be subdivided. This paragraph 4B is a material condition precedent to closing. 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 are a corporation, they will deliver to the PURCHASER at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed,, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. If the SELLER are a limited liability company, it will deliver to the PURCHASER at the time of the delivery of the deed hereunder, a copy of its articles of organization and any subsequent certificates pertaining thereto, proof of publication of the same, and affidavit of appropriate member(s) or manager(s), that the aforesaid documents are still in effect, that it and this transaction are in compliance with Articles 11 and IV of the Limited Liability Company Law, and that those executing the documents effectuating this transaction have the authority to do so. The deed in such case shall contain a recital sufficient to establish compliance with said section. A sample Deed of Development Rights is annexed hereto as Exhibit"A". 6. Any sums paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the PURCHASER under this contract. 7. A. Subdivision shall be defined as the division of the land covered by the development rights into two or more parcels in whole or in part. B. The SELLER covenant and agree 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 §3 3 5 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 ki-n, by will or by operation of law, or with the written recordable consent of the PURCHASER. I 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. 3 final 12-13-2022 E. Pursuant to Suffolk County Code §8-4(G)(2) and Suffolk County Administrative Code §A40-6, as they now exist and as they may be amended or modified, and pursuant to any related local laws, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation shall be forwarded to the County Legislature for further consideration. F. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, the following sub-paragraphs shall apply: (1) Lots created by the proposed subdivision shall remain viable for agricultural production, either individually or as part of an established fanning operation. (2) The United States Secretary of Agriculture shall be notified prior to granting such pern-dssion 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 free and clear of any mortgages, liens., or encumbrances; (b) any state of facts an accurate survey may show, providing same does not render title to the development rights unmarketable and/or diminish the approved appraised value of the Premises; (c) covenants, easements, restrictions of record, if any, provided same do not prohibit the use of the premises for agricultural production as defined herein and pursuant to Suffolk County Drinking Water Protection Program, as amended and effective December 1, 2007, Section C12-2(A)(1)(f), and further provided that such covenants, easements or restrictions do not diminish the approved appraised value of said property; (d) detenninations made after public hearing; (e) the SELLER' obtainment of consents and permits, if necessary, as may be required by any federal, state or local agency having jurisdiction; (f) an environmental audit of the premises showing the premises to be free of contamination from toxic and/or hazardous substances; (g) Suffolk County Administrative Code Section A404(N) attached hereto as Exhibit lilt?. 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 pen-nit, 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"; 0) compliance with Chapter 1070 of the Suffolk County Regulatory Local Laws, as amended by Resolution No. 265-2013, and further as the same may be amended and/or superseded; (k) the passage of a resolution by the Suffolk County Legislature approving the COUNTY OF SUFFOLK'S 4 final 12-13-2022 acquisition of the Development Rights to the Premises; (1) SELLER'S compliance with the provisions on paragraphs 4A and 4B herein; and (m) 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 PURCHASER'S title company. 10. If, at the date of closing, there may be any other liens or encumbrances which the SELLER are 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 agree to sign such proper vouchers for the closing check(s) as may be requested by the Suffolk County Comptroller at least two weeks prior to the date fixed for closing. The PURCHASER, if request is made within a reasonable time prior to the date of closing of title, agree to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the 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 return(s) to be cleared to the satisfaction of PURCHASER'S title company and/or the Suffolk County Attorney. 12. In the event that the SELLER are 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 County Comptroller; 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 5 final 12-13-2022 relationship shall require approval of the contract and sale by the Supreme Court of the State of New York. The public disclosure documents are annexed hereto as Exhibit"B". 14. The deed shall be delivered at the offices of the Suffolk County Attorney, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 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. In the event SELLER or any of them wish to utilize the procedures available under IRC §1031, PURCHASER agrees to cooperate in the same. Such SELLER shall provide written notice of such intention to PURCHASER. Such notice shall contain the name and address of the Qualified Intermediary to be employed by such SELLER. Such SELLER shall cause such Qualified Intermediary to execute the appropriate County voucher for -payment, and to supply a correctly completed Form W-9 to PURCHASER. Notice shall be given to PURCHASER at least thirty (30) days before a closing can be scheduled. 15. The parties agree that no broker brought about this sale and the SELLER agree to hold the COUNTY OF SUFFOLK harmless and to indemnify PURCHASER for any claims for broker's commissions with respect to of this transaction. 16. The SELLER herein agree to comply with all disclosure requirements as imposed upon the PURCHASER through the various and several local laws and resolutions as enacted by the Suffolk County Legislature. 17. The SELLER further agree to file and execute all affidavits, documents and vouchers as required by said local laws of the COUNTY OF SUFFOLK, and by rules, regulations, ordinances,, statutes and resolutions of the Suffolk County Legislature. The 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 acknowledge that a delay in the delivery of the W-9 or other forms may result in the delay of the scheduled closing date. This requirement shall survive the closing of title and delivery of the deed. 18. The SELLER represent that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time has the premises been used for the generation.., storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. Moreover, there are not now, nor have there ever been, underground storage tanks on the premises. 19. The SELLER represent that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the 6 fuial 12-13-2022 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' ownership or use of the premises. 20. The SELLER represent 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 covenant and agree that they will: (a) Not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) Comply with all Environmental Laws; (c) Allow PURCHASER and its agent's reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. (d) Where Federal grants and/or funds are used and/or reimbursed to the PURCHASERS for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property for monitoring conservation plan implementation. This covenant shall run with the land in perpetuity and the provisions of this paragraph shalt survive the delivery of any instrument of conveyance pursuant to this agreement. 23. The SELLER covenant and agree that they will defend, indemnify, and hold harmless the PURCHASER and any of its officers, agents, employees, and their respective successors and assigns, against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or warranty made by 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 7 final 12-13-2022 I 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 warrant that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. SELLER warrant 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 warrant that it has no actual knowledge of a release or threatened release of any Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover, SELLER hereby promise to hold harmless, defend and indemnify the PURCHASER and hold harmless and indemnify the United States against all litigation, claims, demands, penalties and damages, including reasonable attorney's fees, arising from or connected with the release of any Hazardous Materials on, at, beneath or from the Premises, or arising from or connected with a violation of any Environmental Laws by the SELLER or any other prior owner of the Premises. SELLER' 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. final 12-13-2022 The preceding four paragraphs shall constitute covenants which shall run with the land in perpetuity. 24. (a) The SELLER have been advised that Federal grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language, where applicable because Federal funds have been or will be received. (i) Enforcement Rights in the United States of America: In the event that the PURCHASERS fail to enforce any of the terms of this Deed of Development Rights, as determined in the sole discretion of the Secretary of the United States Department of Agriculture,the said Secretary of Agriculture and 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 covenant to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R., Part 12, and is approved by the Conservation District. As such the following paragraphs shall be incorporated into the Deed of Development Rights: (A) As required by section 12381 of the Food Security Act of 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 do not comply with the conservation plan, NRCS will inform PURCHASER of the SELLER' 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 9 final 12-13-2022 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 have exhausted their appeal rights under applicable NRCS regulations. (C) If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively With the SELLER 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 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: (l.) Impervious surfaces are permanent, non-seasonal rooftops, concrete and asphalt surfaces. Impervious surfaces include residential buildings, agricultural buildings (with and without flooring), and paved areas. (2) Impervious surfaces shall not exceed two (2) percent of the total acreage of the Premises, unless the United States of America grants a waiver above the two (2) percent limitation. Such waiver may permit impervious surfaces to exceed two (2) percent but in no instance shall such wavier permit impervious surfaces to exceed ten (10) percent of the total acreage of the Premises. Conservation Practices listed in the Field Office Technical Guide are exempt from the impervious cover limitation. (iv) The PURCHASER agrees that they will not at any time, when they are named as Grantees in the Deed of Development Rights, seek to acquire the remaining fee interest in the Premises. Likewise, if the PURCHASER enters into an agreement with another entity to manage/monitor the Promises, and the entity seeks to acquire the underlying fee, the PURCHASER agrees to immediately terminate such a relationship and arrange for an uninterested party to manage/monitor the Premises. (v) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER any amendments to the Deed of Development Rights shall be authorized by the United States of America. 10 final 12-13-2022 (b) The SELLER have been advised that State grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language, where applicable because State funds have been or will be received. (i) After the development rights have been acquired by the PURCHASER, any amendments to this Agreement/Easement shall be authorized by the N.Y.S. Department of Agriculture and Markets. Any and all of the above covenants shall run with the land in perpetuity, and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement, and further shall be incorporated into any instruments of conveyance. 25. At the closing of title hereunder, if the SELLER are 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 are such a foreign person, or in the event that PURCHASER have actual knowledge that the non- foreign affidavit is false, then PURCHASER shall deduct, withhold and deliver to the Internal Revenue Service a tax equal to ten (10%) percent of the purchase price of such amount as has been provided for in a Treasury Department qualifying statement. 26. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation_, not embodied in this contract,made by the other. 27. Local Law #32-1980 - The SELLER represent and warrant that they have not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State,, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such persons have read and are familiar with the provisions of Local Law#32-1980, annexed hereto as Exhibit "C". 28. The SELLER agree and acknowledge that they and their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the Premises., pursuant to lease, license or other arrangement shall be bound thereby by all terms, provisions and conditions of Chapter 8 of the Suffolk County Code as they now exist and as they may be in the future amended or modified by legislative or judicial action, and by any related local laws. This covenant shall ran 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 have retained or will retain certain portions of this property and exclude said portions from this sale to the COUNTY OF SUFFOLK,, then the SELLER do hereby further covenant and agree that no application for the erection of a residential dwelling Will be made to the PURCHASER as to those areas not retained by the SELLER and which are the subject of the Development Rights purchase, by themselves or their heirs,, successors or assigns. Said covenant 11 final 12-13-2022 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 acknowledge that the PURCHASER must comply with New York State Agriculture and Markets Law §305(4), attached hereto as Exhibit "J", if the subject premises is located within an agricultural district, in that the PURCHASER is acquiring an interest in land from the 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 agree and execute a waiver to such effect and provide a copy thereof to the Commissioner, pursuant to New York State Agriculture and Markets Law §305(4)(d), attached hereto as Exhibit "K". Accordingly, SELLER agree, upon their execution of this contract., to also execute such a document advising the PURCHASER of the SELLER' election, which, as appropriate, shall then be forwarded by the PURCHASER to the Conu-nissioner. 31. In the event that any errors or omissions are made in computing the purchase price., apportionments and/or other adjustments that are made at closing, same shall be corrected within a reasonable time following the closing, upon a written request from either party. The provisions of this paragraph shall survive the closing and the delivery of any instrument of conveyance issued pursuant to this agreement. 32. The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall constitute a Baseline Data Report, in order to evidence the present condition of the premises (including both natural and manmade features) so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the, listed documents shall remain on file with the PURCHASER and shall be made available to the SELLER upon written request. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 33. (a) Recreational uses such as hiking, hunting, fishing, boating, horseback riding that do not conflict with N.Y. Agric. & NiUs. Law §301, General Municipal Law § 247 and., if federal funding is received, the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), are permitted. Section 301 of the Agriculture and Markets Law is annexed hereto as Exhibit"D". (b) Under no circumstances shall athletic fields, golf course or ranges, commercial airstrips, commercial helicopter pads or any other structure or improvement inconsistent with current or future agricultural production be constructed on the premises. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 12 final 12-13-2022 34. (a) The exploration for, or development and extraction of minerals and hydrocarbons from the Premises by any means is prohibited. (b) No person shall conduct a site disturbance, including, but not limited to,, dredging, excavation,filling, grading and/or soil gr on i removal, agricultural land. I The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 35. Any amendments to this Contract and the subject deed shall be in writing and executed in recordable form by the SELLER and the PURCHASERS. The provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 36. New York State Tax Law., Section 663, effective September 1, 2003,provides that 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 agree to comply with New York State Tax..1,zn-N7. Section 663, and further agree to provide the appropriate certification, accordingly, as a condition of closing. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 37. The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known personal, business,, commercial, professional, economic, or financial relationship between the parties, the signatories to this Agreement,, and any partners, members, directors, or shareholders of more than five per cent (5%) of any party to this Agreement. 38. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators,, successors and assigns of the respective parties. 39. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLER" or "PURCHASERS" whenever the sense of this agreement so requires. -balance of page intentionally blank- 13 final 12-13-2022 IN WITNESS WB EEREOF,this agreement has been duly executed by the parties hereto. IN PRESENCE OF: ra COUNTY 01- SUFF K CASMO CARUCCI [Purchaser/ /Seller/ y C2 t r Name: LISA BLACK By: CASMO CARUCCI Title: Chief Deputy ���y Executive Date: : - C3 Date: �_ �--- Approved as to Form.: APPROVED: County Attorney . D ate: `2r Date f By: MIC F L C MA Iro By: SIDNEY JOY ER Assistant County Attorney Director of Real Estate Municipal Law/Real Estate Bureau Division of Real Property Acquisition Suffolk County Department of Law and Management Department of Economic Development & Planning 14 final 12-13-2022 STATE OF NEW YORK ss.: COUNTY OF �Q On the;!'f day of Dc,��' , in the year 202A before me, the undersigned, personally appeared CASMO CARTJCCI 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 Indiv+al Talcing Acknowledgment CHARLES R. CUDDY Notary Public,state of New York No,02CU5872225 Qualified in Suffolk county Commission Expires December 3 1;9j-:J2-, STATE OF NEW YORK ss.: COUNTY OF SUFFOLK On the �,7 day of,�j � in the year 202. before me, the undersigned, personally appeared LISA BLACK, 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. Signa e and Odice or5d_ivideal aki gA T 'rg_�c owkdgment kn REBECCA A SHEEHAN NOTARY PUBLIC-STATE OF NEW YORK No.02SH6138246 Qualified in Nassau county My Commission Expires 06-03-2026 15 final 12-13-2022 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 &Planning Step Aerial 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) SAMPLE DEED OF DEVELOPMENT RIGHTS THIS E1qDENTL1`RE, made the day of 9201— BETWEEN residing at and residing at hereinafter described as the PARTY OF TBE FIRST PART, AND the COUNTY OF S LK, 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, VaTNESSETH, that pursuant to Chapter 8 of the Suffolk County Code as it now exists and as it may be amended or modified, and pursuant to any related local laws, and in accordance with Resolution No. 867-2010, as amended, and Resolution No. -201 of the Suffolk County Legislature, (If authorized pursuant to another program(s), add the following): and (If Suffolk County New Drinking Water Protection Program -Farmland): Article X111 of the Suffolk County Charter, as amended and effective December 1, 2007... (If Multi-Faceted-Farmland): the Multi-Faceted Land Preservation Program, Resolution No. 459-2001 (5th RESOLVED clause ... (If Land Preservation Partnership-Fam-Aand): 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 PARTY OF TBE SECOND PART,DO HEREBY GRANT AND RELEASE unto the PARTY OF THE SECOND PART, the successors and assigns of the PARTY OF THE SECOND PART forever, TEE 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"): EXHMIT C4X� BEING AND INTENDED to be the same premises conveyed to @ TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever; AND the PARTY OF THE FIRST PART covenants that the PARTY OF TBE FIRST PART has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The PARTYOF THE FIRST PART, as a covenant running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST PART, and their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights,pursuant to lease, license, or other arrangement, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production, as same is defined in Chapter 8 of the Suffolk County Code as it now exists and as it may be amended or modified, and pursuant to any related local laws; THE Development Rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the PARTIES hereto dated as the same is intended to be recorded in the office of the Suffolk County Clerk prior in time to this deed, portions of which as contained therein have and will survive the delivery of this instrument of conveyance. THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenant and agree that it will not remove any soil from the premises described herein. A purpose of this acquisition is to protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important soil. This covenant shall run with the land in perpetuity. THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement,, covenant and agree that they will(a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow PARTY OF THE SECOND PART and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. Where Federal grants and/or funds are used and/or reimbursed to the PARTY OF THE SECOND PART for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property as stated in subparagraph (c) herein. This covenant shall run with the land in perpetuity. THE following covenants shall run with the land in perpetuity and shall be deemed applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for the purchase of the Development Rights of the Premises: (i) Enforcement Rights in the United States of America: In the event that the PARTY OF THE SECOND PART fail to enforce any of the terms of this Deed of Development Rights, as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the Deed of Development Rights through any and all authorities available under Federal or State law. (ii) PARTY OF TBE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R., Part 12, and is approved by the Conservation District. (A) As required by section 12381 of the Food Security Act of 1985, as amended,the PARTY OF THE FIRST PART, their heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the, Conservation District. This conservation plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide a-ad 7 CFR part 12 that are in effect on the date of the Deed of Development Rights. However,the PARTY OF THE FIRST PART may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property, with advance notice to the PARTY OF THE FIRST PART,in order to monitor compliance with the conservation plan. (B) In the event of noncompliance with the conservation plan,NRCS shall work with the PARTY OF THE FIRST PART to explore methods of compliance and give the PARTY OF THE FIRST PART a reasonable amount of time,not to exceed twelve months, to take corrective action. If the PARTY OF THE FIRST PART do not comply with the conservation plan,NRCS will inform the PARTY OF THE SECOND PART of the PARTY OF THE FIRST PART'S noncompliance. The PARTY OF THE SECOND PART shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the conservation plan following written notification from NRCS that(a)there is a substantial, ongoing event or circumstance of non-compliance with the conservation plan, (b) NRCS has worked with the PARTY OF THE FIRST PART to correct such noncompliance, and(c) the PARTY OF THE FIRST PART has exhausted their appeal rights under applicable NRCS regulations. (C) If the MRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress,MRCS 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 maybe or become subject. (iii) The following restriction on future land use shall apply: (1) Impervious surfaces are permanent, non-seasonal rooftops, concrete and asphalt surfaces. Impervious surfaces include residential buildings, agricultural buildings (with and without flooring), and paved areas. (2) Impervious surfaces shall not exceed two (2)percent of the total acreage of the Protected Property, unless the United States of America grants a waiver above the two (2)percent limitation. Such waiver may permit impervious surfaces to exceed two (2) percent but in no instance shall such wavier permit impervious surfaces to exceed ten(10)percent of the total acreage of the Protected Property. Conservation Practices listed in the Field Office Technical Guide are exempt from the impervious cover limitation. (iv) The PARTY OF THE SECOND PART agree that they will not at any time seek to acquire the remaining fee interest in the Premises. Likewise, if the PARTY OF THE SECOND PART enter into an agreement with another entity to manage/monitor the Premises, and the entity seeks to acquire the underlying fee, the PARTY OF THE SECOND PART agree to immediately terminate such a relationship and arrange for an uninterested party to manage/monitor the Premises. (v) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART any amendments to the Deed of Development Rights shall be authorized by the United States of America. THE following covenant shall run with the land in perpetuity and shall be deemed applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND PART for the premises: (i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART, any amendments to this Deed of Development Rights shall be authorized in writing by the N.Y.S.Department of Agriculture and Markets. THE PARTY OF THE FIRST PART, their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights,pursuant to lease, license, or other arrangement, covenant and agree that they shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims,losses, liabilities and expenses, including,without limitation, responsibility for legal,consulting, engineering and other costs and expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in the subject agreement and/or this deed; (2)the breach or non-performance of any covenants required by the subject agreement and/or this deed to be performed by the PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief,remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights; or(4) the acts or omissions or negligence of the PARTY OF THE FIRST PART. This covenant shall run with the land in perpetuity. IF'Federal grants and/or funds are used and/or reimbursed to the PARTY OF THE SECOND PART for this acquisition of Development Rights,the United States of America shall also be deemed to be an indemnified party under the indemnification as stipulated in the preceding paragraph, and the PARTY OF THE FIRST PART shall also indemnify the PARTY OF THE SECOND PART and the United States of America as to the following four paragraphs: PARTY OF THE FIRST PART warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws.PARTY OF THE FIRST PART warrants that there are no notices by any governmental authority of any violation or alleged violation of, non- compliance or alleged non-compliance with any liability under any Environmental Law relating to the operations or conditions of the Premises.PARTY OF THE FIRST PART further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover,PARTY OF THE FIRST PART,their heirs,legal representatives,successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights,pursuant to lease,license,or other arrangement hereby promise to hold harmless, defend and indemnify the PARTY OF THE SECOND PART and hold harmless and indemnify the United States against all litigation, claims, demands,penalties and damages, including reasonable attorney's fees,arising from or connected with the release of any Hazardous Materials on,at,beneath or from the Premises, or arising from or connected with a violation of any Environmental Laws by the PARTY OF THE FIRST PART or any other prior owner of the Premises. PARTY OF THE FIRST PART' S indemnification obligations shall not be affected by any authorizations provided by the PARTY OF THE FIRST PART to the PARTY OF THE SECOND PART with respect to the Premises or any restoration activities carried out by PARTY OF THE SECOND PART at the Premises, provided, however, that the PARTY OF THE SECOND PART shall be responsible for any Hazardous Materials contributed after this date to the Premises by the PARTY OF THE SECOND PART. "Environmental Laver"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 NRC S. The preceding four paragraphs shall constitute covenants which shall run with the land ' perpetuity. THE WORD "PARTY" shad be construed as if it read "PARTIES" whenever the sense of this indenture so requires. IN WITNESS WBEREOF, 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 TIRE FIRST PART) STATE OF ss.-+ COUNTY OF On the day of in the year 201 ,before me,the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment Record and Return to: Division of Real Property Acquisition and Management H.Lee Dennison Bldg. - 2nd Fl. P.O. Box 6100 Hauppauge,New York 11788 CASM0 CARUCCI Certified Public Disclosure statement Pursuant to Chapter 551 of the Laws of Suffolk County Instructions: This disclosure statement rust be signed by all owners of record, contract vendees, lessors, lessees, sub-lessors, sub-lessees, contract lessors, contract lessees, contract sub-lessors, contract sub-lessees, holders of encumbrances and contract holders of encumbrances. The purpose of this disclosure statement is to insure disclosure of any interest of any nature or form, whether oral or written, held by any individual, partnership, firm or corporation. This disclosure statement is to be acknowledged before a notary public. The preliminary identification of the seller and items "1" THROUGH_"7 SHALL _ E _- _ -- ----. � ED. In all instances the rewired inforinatior�--should b DEFINITIVELY ANSWER _ . -_ _ _ ,� f6in- i-shed, E it si� ul so tte� in the �e onse. TI� . and if the ans rer is N r NON , res�� - .�- - --_-- ----.---- �� ��al l not b used on this form.-- Do NOT LEAVE kt�1 01�s _. Jot APPLICABLE _ . .__ - t-. - _ _ �- BLANKS. Add additional sheet if necessary. Sellers Name 5: V);D i , • Address g - 6 & Code jj l � Cityand statehfct�,, �I p- Type of Entity: Natural Person corporation Limited Liability Company Other Business Entity Trust 1 . If the seller is an individual or individuals, disclose whether the individual or individuals are off'cers or employees of the County of Suffolk. Yes No EXHIBIT B 1 2. If the seller is a corporation, partnership, association, limited liability company, trust or other business entity provide a complete list of the names and addresses of those individuals, whether they are shareholders, partners or trustees, holding at least a five-percent interest in the corporation, partnership or association Ni? 3. Provide the table of organization for the entity, which shall include the names and addresses of all individuals serving on the Board of Directors or comparable body and the names and addresses of all partners and the names and addresses of all corporate officers. Conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. 4. The names of all mortgagees, lienors and judgment creditors having an interest in the property to be acquired. fle"U . L-ei qjir e.5 5. The names and addresses of all commissioned sales agents, attorneys, and any other party with a direct financial interest in the consummation of the real estate transaction. 4-2fnv,!e_10 V EXHIBIT B 2 6. The names and addresses of the real estate broker or brokers (co-brokers, listing or selling) who will earn a commission as a result of the consummation of a sale or lease agreement between the County of Suffolk and a property owner/landlord represented by said broker or brokers, and a complete list of the names and addresses of commissioned sales agents, attorneys, and any other party with a direct financial interest in the transaction. If such broker is organized as a private corporation, partnership, or association, then this information shall include the names and addresses of all individuals holding at least a five-percent interest in the corporation, partnership or association, and the names and addresses of all corporate officers and all individuals serving on the Board of Directors, together with conspicuous identification of any such person in the table of organization of said corporation, partnership or association who is an officer or an employee of Suffolk County. r_V i4er-c,. KI-v f V1 Ll�� ne ., e 49 tj 7. Any campaign donation made by a business entity or individual disclosed pursuant to paragraphs 1 and 2 of this Disclosure Statement, to an elected County official or a candidate for County office during the preceding four (4) years. Dated: Signature: Lt C_C_ Printed Name of Signer: Title of Signer: Name of Seller: EXHIBIT B 3 ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss: COUNTY OF U ) On the d\q day of 20,, before me, the undersigned, a Notary Public, personally appeared CASMO CARUCCI. 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 individuals), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public [Notary Stamp] CHARLES R. CUDDY Notary Public, State of New York No.02CU5872225 Qualified in Suffolk County COMMi5sloo Expire5 December 3 It EXHIBIT B 4 ZSUHEDULE "B" *RESOLUTION NOs 1118-1980, ADOPTING LOCAL LAW NO*32,YEAR 1980,ALOCAL LAW CONCERNING THE OFFERING, GIVING RJR RECEIVING OF A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL PARTY, V IUREAS, 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 I RESOLVED,that the said local law be enacted in form as follows: LOCAL LAW NO, 32,YEAR 1980, SUFFOLK COUNTY,NEW YORK 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: Section 1. Definitions. (a) As used herein, the word "agreement" means any written or oral contract,, or any implied contract,including, but not limited mited to, a conttact for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The t'erm "agreement"eement" 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 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. {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 pe'rson has read and is familiar with the provisions of this Local Law. Section 4. Penalties* (a) Criminal. A Violation of Section 2 of this Local Law shall be a Class A Misdemeanor and shall be punishable by a sentence of not more than one.(1)year in-prison or a fine of not more than one thousand dollars, or by both such fine and imprisonment. (b) Civil Remedies. .A violation of Section 2 or 3 of this Local Law shall give the County-the option., among other civil remedies,--of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the County thereunder. Section 5. Exceptions. This Local Law shall not apply to contributions to political parties, committees or candidates as defined by Section 14-100(19)of the Election Law. Such contributions shall be excluded from and shall not be in violation of this Local Law. Section 6. Separability. If any part of this Local Law shall be declared unconstitutional by any Court,such declaration shall not affect the constitutionality of any other part. Section 7. This law sh0l take effect immediately. Dated: December 9, 1980 APPROVED by: Isl Peter F. Cohalan County Executi*v* e of Suffolk County after a pijblic hearing duly held -Date of Approval: December 23, 1980. Filed with the Secretary of State, January 5, 1981 2 RESOLUTION NO. 1118,4980,ADOPTING LOCAL LAW NO.32,9 YEAR 1980,A LOCAL LAW CONCERNING THE OFFERING, GIVING OR RECEIVING OF A GRATUITY TO OR BY AN OFFICIAL OF A POLITICAL WARTY. 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 %-W 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 LOCAL LAW CONCERMNG 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: Section 1. Definitions, (a) As used herein,the word"agreement" means any written or oral contract, nor any implied contract, including,but not limited to, a contract for the sale of goods or services, a construction contract oar a lease or contract relating to real or personal property. The term 11agreement" shall also include any tans action 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. M 4s used herein,the pbrase"official of a political party" shall mean a party officer as defted by Section 1-104(5)of the Election Law. (d) As used herein,the word llperson7means any individual,partnership,fwn, corp oral ioll,or other legal entity, as well as their employees,agents or representatives. • political party" shall mean a party as defined by Section (e) As used herein,the phrase -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 P0j"t*caj party,,with the purposG or intent of securing or obtang an agreement with the County -olk favorable,treatment with respect to the awarding or amending-of such secunng of Suff or the making of any determination with respect to the performance of an agreement# ag,,reeineiit, P 11CI EXIT (b) It shall be a crime for an official of a political party to solicit,receive ar accept a .gratuity in connection With securing or obtaining an agreement with the County of Suffolk, 0 secunng favorable treatment with respect to the awarding or amending of such agreement or the mald-ng 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 aRer the effectiv*e 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 t6any official, employee or agent of Suffolk County,New York State,or of any political party,with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement,or the making of any determinations with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of this Local Law. Section 4. Penalties, (a) Criminal. A violation of Section 2 of this Local Law shall be a Class A 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 nnpnsomnent. (b) Civil Remedies. A violation of Section 2 br 3 of this Local Law shall give the County the option,among other civil remedies,of either terminating the agreement or deducting ou IVI ei the value of the gratuity from any,amount due or to become due from the County thereunder, Section 5. Exceptions, This Local Law shall not apply to contributions to political parties, committees or candidates as defined by Section 14-100(19)of the Election Law. Such contributions shall be excluded from and shall not be in violation of this Local Law. Section 6. Separability. If any part of this Local Law shall be declared unconstitutional by any Court,such declaration shall not affect the constitutionality of any other part. Section 7. This law shall take effect ffimediatelYd Dated: December 9, 1980 APPROVED by: Isl Peter F. Cohalan County Executive of Suffolk County after a public heafing duly held Date of Approval: December 23, 1980. Filed with the Secretary of State, January 5, 1981 • 2 NY AGRI&MKTS § 301 Page I McKinney's Agriculture and Markets Law § 301 Mckinney's Consolidated Laws of New York Annotated Cu rrentn ess Agriculture and Markets Law (Refs &Anngs h a P er 69. Of the Consolidated Laws "Ij Article 25-AA. Agricultural Districts (Refs & Lknnos) 301. Definitions When used in this article: 1. "Agricultural assessment value"means the,value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by section three hundred four-a of this article, - 2. "Crops,, livestock and livestock products"shall Include but not be limited to the following: a. Field crops., including corn, Wheat,, oats., rye, barley, hay, potatoes and dry beans. b. Fruits,, including apples, peaches, grapes, cherries and berries, c. Vegetables,, including tomatoes, snap beans, cabbage, carrots, beets and onions. d. Horticultural specialties, Including nursery stock, ornamental shrubs, ornamental trees and flowers. e. Livestock and livestock products,, including cattle, sheep, hogs, goats,. horses, poultry, ratites,, such as ostriches., emus, rheas and kiwis, farmed deer, farmed buffalo. fur bearing animals, wool bearing animals, such as alpacas and llamas, milk,, eggs and furs. f. Maple sap, g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump. h. Aquaculture products,, 'Including fish, fish products, water plants and shellfish. 1. Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not include farm woodland, j. Apiary products, *Including honey, beeswax,, royal jelly,, bee pollen, propolils,, package bees, nucs and queens. For the purposes of thi's paragraph, '"nucs,"shall mean small honey bee colonies created from larger colonies including the nuc box,, which is a smaller version of a beehive, designed to hold up to five frames from an existing colony. 3. 'Farm woodland'means land used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees' or land used for the processing or retail merchandising of woodland products. 4. "Land used in agricultural production"means not less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops., livestock or lNestock products of an average gross sales value of ten thousand dollars or more; or, not less than seven acres of land used in the preceding two years to support a co m* merclal horse boarding operation with annual gross receipts of ten thousand dollars or more.-Land used in agricultural production shall not Include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used In agricultural production shall also Include-, -EXH161T NY AGRI&MKTS § 301 Page 2 a. Rented and which otherwise satisfies the requirements for ellgibility for an agricultural assessment, a-I. Land used by a n Ot-fo r-prof!t institution far the purposes of agricultural research.that is Intended to improve the quality or quantity of crops, livestock or livestock products. Such land shall qualify for an agricultural assessment upon application made pursuant to garagraph (a) of subdivWqngne of section threehundred f1ve of this article, except that no ml-�nimum gross sales value shall be required, b,, Land of not less than, seven acres used as a single operation for the produ"cdon 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, CM 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 ro[14, which also contains land qualified for an agricultural assessment. Such land shall include land used for agricultural amusements which are produced from crops grown or produced on the farm', provided that such crops are harvested and marketed in the same manner.as other crops produced on such farm. Such agricultural amusements shall Include., but not be limited to, so-called"corn.mazes"or""hay bale mazes", d. Farm woodland which Is part of land which is qualified for an agOcultural assessment., provided, however, that such farm woodland attributable to any separately described and assessed parcel shall not exceed fifty acres. e. Land set aside through participation in a federal conservation program pursuant to-title one of the federal food security act of nineteen hundred eighty-five or any subsequent federal programs established for the purposes of replehishing highly erodible land which has been depleted by continuous tilling or, reducing national surpluses of agricultural commodities and such land shall qualify for agricultural assessment upon application made pursuant to oaraarauh a of subdIvislon one Ofs-ection three hundred five of this article,, except that no.minimum gross sales value shall be required, f. Land of not less than seven acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more,, or land of less than Seven acres used-as a single operation In the preceding two years for the production for sale of crops, livestock or Jivestock products of an average gross sales value of fifty thousand dollars or more, g. Land under a structure within which crops., livestock or livestock products are produced,, provided that the sales of such crops., livestock or livestock products meet the gross sales requirements of paragraph f of this subdivision. h. Land that Is owned or rented by a forth operation in Its first or second year of aq'ricul'tural production, or,, �n 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 salesvalue of ten thousand dollars or more, or(2) less than seven acres used as a single operation for the production for sale of crops, r livestock or livestock products of an annual g ross sales value of fifty thousand dollars or more; or (3) land situated under a structure within which crops, livestock orlivestock products are produced, provided that such crops', livestock or livestock products have an annual gross sales value of(1) ten thousand dollars or more., if the farm operation uses seven or more acres In agricultural production., or (11) fifty thousand dollars or more, If the farm operation uses less than seven acres In agricultural prod action r or (4) not less than seven acres used as a single operation to support a commercial horse boarding operation with annual gross receipts of ten thousand dollars or more. 1. 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 oper'ation in Its firsti secondl NY AGRI& NIKTS § 3 01 Page 3 third or fourth year of agricultural production, 4 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., Uvestock or livestock products of an average gross sales value of ten thousand dollars or more or (H) less than seven acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. The land used to support an apiary products operation shall include., but not be limited to, the land under a structure within which apiary products are produced, harvested and stored for sale; and a buffer area maintained by the operation between the operation and adjacent landowners. Notwithstanding any other provision of this subdivision, rented land associated with an apiary products operation is not eligible for an.agricultural assessment based on this.paragraph. 1. Land that is owned or rented by a farm operation.in its first or second year of agricultural production or In the case of a corn mercia l equine operatJoh,-in its first or second year of operation,, that consists of not-less than seven acres and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars or more in gross receipts annually from fees generated through the provision of commercial eqqine activities Including, but not limited to riding lessons, trail riding activities or training of horses or through the production for sale of crops, livestock, and livestock products,, or through both the provision of such commercial equine activities and such production. Under no circumstances shall this subdivision be construed to Include operations whose primary on site function is horse racing, 5 0 "gilt 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 lan*d" means land which is uniquely suited for the production of high value crops., including, but not limited to fruits, vegetables and horticultural specialties, 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; I NY AG RI &MKTS § 301 Page 4. d. *Maple syrup processed from maple sap produced on land used in agricultural production in conjunction with the same or an otherwise qualified farm operation; e. Or payments received by reason of land set aside pursuant.to paragraph e of subdivision four of this section; f. Or payments received by thoroughbred breeders pursuant to section two hundred fifty-four of the racin.g, Pari-mutuel wagerIng and breeding law; and 9- Compost, mulch or other orga nic biomass crops as defined in.subdivision sixteen of this section produced on land used In agrICUltural production, not to exceed five thousand d6fars annually. r 10. Renumbered 9. 11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and handling facifitles, and practices which contribute to the production, preparation and'marketing of crops, livestock and livestock products as a commercial enterprise, including a '"cornmercial horse boarding operation"as defined in subdivision thirteen of this section, a "timber operation"as defined in subdivision fourteen of this section, "compost, mulch or other biomass crops""as defined in subdivision sixteen of this section and "commercial equine op&ation"'as defined in subdivision seventeen of this section. Such farm operation may consist of one dr more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other. 12. 'Agricultural data statement"means an identification of farm operations within an agricultural district lo' cated within five-hundred feet of the boundary of property upon which an action requiring municipal review-and approval by the planning board, zoning board of appeals,, town board, or village board-of trustees pursuant to article sixteen of the town law or article seven of the village law is proposed, as provided in section three hundred five-a of this article, 13. ""Comm ercla I'horse boarding operation" means an agricultural enterprise, consisting of at-least seven acres and boarding-at least ten horses, rega'rdiess of ownership, that receives ten thousa.ld dollars or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production, Under no circumstances shall this subdivision be construed to include operations whose primary on site function is horse racing. Notwithstanding any other provislon of this subdivision, a commercial horse boarding operation that is proposed or in its first or second year of operation may qualify as a f8rm operation if it Is an agricultural enterprise, consisting of at least seven acres, and boarding at least ten horses, regardless of ownership, by the.end of the first year of operation 144 "Timber operation"'means the on-farm production, management, harvesting, processing and marketing of timber grown on the farm operation Into woodland products, including but not limited to logs, lumber, posts and firewood,, provided that such farm operation consists of at least seven acres and produces for sale crops, livestock or livestock products of an annual gross sales value of ten thousand dollars or more and that the annual gross sales value of such processed woodland products does not exceed the annual gross sales value of such crops, livestock or livestock products. 15. "Agricultural tourism" means activities, 'Including the production of maple sap and pure maple products made therefrom, conducted by a farmer on-farm for the enjoyment and/or education of the public, which primarily promote the sale, marketing, production, harvesting or use of the products of the farm and enhance the public's understanding and awareness of farming and farm life. 16. [As added by.L.2008, c, 341, Seel also,, subd. 16 below.] "'Apiary products operation" means an agricultural enterprise, consisting of land owned by the operation, upon which bee hives are located and maintained for the purpose of producing, harvesting and storing apiary products for safe. 16. [As added by L.200§, c. 536. See, also, subd. 16 above.] "Cornpost, mulch-or other organic biomass crops," means the on-farm processing, mixing, handling or marketing of organic matter that N.Y AGE.&MKTS § 301 Page5 is grown or produced by such farm operation to rid such farm operation of its excess agricultural wa-ste; and the on-farm processing,, mixing or handling of off-farm generated org*an' ic matter that I'S transported-to such farm operation and,Is necessary to facilitate the composting of such farm operation's agricultural waste. This shall also Include the on-farm processing, mixing or handling of off-farm generated organic matter for use only on that farm operation, Such organic matter shall include, but not be limited to,, manure,, hay, leaves, yard waste, silage, organic farm waste, vegetation., wood biomass or by-products of agricultural products that have been processed on such farm operation. The resulting products shall be converted into compost, mulch or other organic . biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials. For purposes of this section, "Compost"shall be processed by the aerobic, thermophilic decomposition of solid organic constituents of solid waste to produce a stable, humus-like material. 17. ""Commercial equine operation"'means an agri.cultural enterprise,.-consisting of at least seven acres and stabling at least ten horses, rega-rdless 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 HOW to riding lessons, traJ1 riding activities or training of horses or through the production for sale of crops, livestock, and livestock products., or through both the provision of such commercial equine activities and such production. Under no circumstances shall this subdivision be-construed to include operations whose primary on site function is horse racing. Notwithstanding an other pro-vision of this subdivision., an agricultural enterprise that is proposed or in its first or second yqar of operation may qualify as a commercial equine operation if it consists of at least seven acres and stables at least ten horses, regardless of ownership, by the end of th6 first.year of operation. CREDIT(S) (Added L.1987,.g.,774, 4 1. Amended L.1988, c. 159, -§§ It 2,; L.1988, c. 736,,. ; L.19899 C. 39 .-F 3164 to 24; L.1992, C. 534, §,1; L.1992. c.. '79 1; L.1993, c. 440 1; t.-1994r c..!196, 6 11 L.1994,._c, 556,. 1: 2; 235, ; L.1995 ; L.1996. c. 409, 5 -, L.1997 C. 62Y § L eff. Mav 20, 1997-, L.1997t..,c- _t.c 4 9 5 r § Ir _�_1 21 ---1 r eff. Nov. 3, 1997; LJ999, c. 473,..§� 1, 2,F eff. 1999 L-2001 c. 374, � I i- --Ir eff. Oct. 23., ;2001 L.2001. c. 388,. q I Oct. L 001 L. 3 2 ; 2DQ2.tg. 445, U 1 to.3,Aff-J 2003 - Pr � j eff. L.2002, c. 516,4_1, eff. SeDt. L 74 2002; L.,2002,, c. 696, - eff. ]an. 30,, 2003; L.20Q.3,, c. 479, � L_ffff- Seot. 9, 2003: L.2003, c. 565, F:� It eff. Sept. 22., L.2004 1, eff. Feb. 24., 2 0040, L.2004, c. 25 2, I 01--eff,Jan, 19 2005 a L.20 05,, c. 2 1. eff. 3uly 12, 2005,# .L.2005,�c. 573,. f __k-1, eff. ALIC1. 23, 2005; L.20g5, c. 587, §§.1j, 2, eff. Au a. 23,, 2005; L.2006, c. 256 -eff. Jan. 1, 2007- L.2006, c. 600r -q 2.t eff. Au _U I to 3" eff. 2008; L.2008. c. J -q., 16t 2006; L.2003,, c. 3411 Se[)t-,-4, 2008; i V &.c.,536, §� I to 3,, e Jan. 1. 20,09,; L2DO8,. eff. Sept. 25, 2008: L.20,10, c. 8Z, § 1, eff. May 18, 201% L.2010D, C, 12%_§-§.,l r 2., eff. June 15,,.-2010: L.201 14_g.,47., 5 1,eff, June 8,2011; L.2all j, c. 384,. 1,.2,. eff. Aug, 3t 2011.) Suffolk County,NY Suffolk Count NY Y., Wednesday,August.26,201.5 Chapter 8. Agricultural Land, Development of [HISTORY:Adopted by the Suffolk County Legislature 3-24-1981 by LL.No.16-1981 (Ch.8 of the 198S Code); amended in its entirety 11-19-2013 by L.-L. No.44-2013.Subsequent amendments noted where applicable.] GENERAL REFERENCES Agricultural operations See Ch.274. Open space preservation-- See Ch,633. Land development See Ch.lool. Land preservation—See Ch.look. Transfer of development rights—See Ch.1151, oo8a Uncod LL Prot) oo8b AFC Statementt: § 8-1. Statutor olio s, le islafive intent,, I A. The State of New York, by various legislative enactments,has emphatically stated it to be a most important policy to conserve and protect Viable farmlands and to encourage the improvement of such lands both for the production of food and for the preservation of such lands as valued natural and ecological resources.It has further stated that the expenditure of County funds to acquire legal interests and rights in such lands is in furtherance of such policy and is a proper expenditure of public funds for public purposes. B. The County is in complete accord with such policy,and it is the goal of the County to conserve and protect viable farmlands,open spaces,open areas and the various natural and ecological resources associated with such lands,particularly soil and water. It is the intent of this chapter to establish the policies and procedures that will be employed by the County in its pursuit of this goal. C. The Suffolk County Legislature finds that adequate fresh,local food supplies are critical to the health and economy of the County,that best management practices are essential to ensure that the benefits associated with land preservation are not realized at the cost of the Countys naturai 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. L_o § 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 http:/Mww.ecode360-com/printtSU0867?guid=14941427&children--true E 2��k(�i J-- "E\� 1123 Suffolk County,NY or demolish a proposed or existing structure-,to operate an alternative energy system and/or to I operate a farm stand or processing facility on agricultural land.Only improvements necessary for I agricultural production or for the operation of a commercial horse boarding operation and/or for the operation of a commercial equine operation,as determined by the Committee,shall be permitted on agricultural land, AGRICULTURAL EDUCATION Instruction about agricultural production,agricultural products,processing,soil and water conservation,natural resource management,land preservation,best management practices and other agricultural matters,as deemed appropriate by the Committee. AGRICULTURAL EDUCATIONAL TOURS A form of agricultural tourism that teaches about agricultural production,agricultural products, processing,soil and water conservation,natural resource management and land preservation in the form of short tours and hands-on demonstrations, AGRICULTURAL LAND .and to which the County has purchased the development right(s),in whole in or in part, in order to preserve resources necessary for agricultural production.Land acquired in order to preserve nonagricultural open spaces or open areas shall not be considered agricultural land, AGRICULTURAL LAND LESSEE The person,persons or entity who or which occupies or utilizes the agricultural land parcel under lease from the current agricultural landowner, AGRICULTURAL LANDOWNER The person,persons or entity owning the residual right(s) to an agricultural land parcel. AGRICULTURAL PRODUCTION The production for commercial purposes of agricultural products,as defined herein. AGRICULTURAL PRODUCTS The crops,livestock and livestock products as defined in§301 of the New York State Agriculture and Markets Law,as may be amended, AGRICULTURAL TOURISM -'IJ-P!cV activities,harvestable crop mazes,hayrides,and agricultural educational tours conducted on- farm to promote the sale,marketing, production,harvesting or use of the products of the farm and enhance the publics understanding,awareness and enjoyment of farming and farm life. AGRICULTURE-RELATED PRODUCTS Clothing and souvenir items that promote the farm or locally grown produce. ALIENATION The transfer of any development right in real property from the County to another. ALL-TERRAIN VEHICLE Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or for off-highway competitions and only incidentally operated on public highways,provided that such vehicle does not exceed 70 inches in width or 1,000 pounds of dry weight,as defined in the New York State Vehicle and Traffic Law,as may be amended.All-terrain vehicles shall not include agricultural vehicles nor any vehicles used for law enforcement,fire,emergency or military purposes. ALTERNATIVE ENERGY SYSTEM A solar energy system,wind energy system or other renewable energy transduction system intended to reduce on-site nonrenewable energy consumption. http:lMww.ecode360.com/print/Su0867?gUid=14941427&chifdren=true 2/23 8/26/2016 Suffolk County,NY BUILDING Any building,as defined in§372of the Nevi 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§3ol of the New York State Agriculture and Markets Law, as may be amended. COMMERCIAL HORSE BOARDING OPERATION A commercial horse boarding operation as defined in§301 of the New York State Agriculture and Markets Law,as may be amended, COMMITTEE The Suffolk County Farmland CommitteeP COUNTY The County of Suffolk. DIVISION The Suffolk County Division of Planning and Environment within the Department of Economic Development and Planning,which shall administer the Purchase of Development Rights Program. DEVELOPMENT RIGHT As authorized by§247 of the New York State General Municipal Law,as may be amended,the permanent legal interest in the use of the subject property,the permanent legal right to permit and require the use of the subject property for agricultural production and the permanent legal right to limit, prohibit and restrict the use of the subject property to agricultural production,except where specified in this chapter. FARM OPERATION A single commercial agricultural operation,a single commercial horse boarding operation,a single commercial equine operation or an enterprise that combines a single commercial agricultural operation,a single commercial horse boarding operation,and/or a single commercial equine operation,including all parcels, contiguous and/or noncontiguous,that are owned and/or rented for the production, preparation and marketing of agricultural products for said operation. FARM STAND A structure for retail sales of agricultural products grown on the premises and processed agricultural products,such as cheese,jam and wine,derived from agricultural products grown on the premises. Retail sales also may include locally grown agricultural products grown off the premises, processed agricultural products derived from'agricultural products locally grown off the premises,and agriculture-related products subject to the limitations specified herein. GREENHOUSE A structure specifically designed,constructed and used for the culture and propagation of agricultural products.Temporary structures,such as hoop layers,that do not exceed a height of three feet six inches and do not require or result in the alteration of the property grade shall not be regulated by this chapter, GROSS SALES VALUE The proceeds from the sale of agricultural products and processed agricultural products. For the purposes of this chapter, receipts collected in the operation of a commercial horse boarding operation and/or in the operation of a commercial equine operation may be included in the gross sales val u e. hUr.1Avww.ec0de360.com/pr!nt/su 0867?gui d=1 4941427&c;hi[dr en=true 3128 8/4/201,9 Suffolk County,NY HAZARDOUS WASTE Those wastes identified or listed in regulations promulgated pursuant to§27-0903 of the New York State Environmental Conservation Law,as may be amended, INTEREST OR RIGHT All legally recognized interests and rights in real property. LANDSCAPE SCREEN Any vegetative screen such as a hedgerow,excluding agricultural crops,that obscures the agricultural land from view.Only landscape screens planted and maintained in accordance with standard agricultural practices.,the contract of sale,the deed of development rights and this chapter,as determined by the Committee,shall be permitted. LOCALLY GROWN - A product grown in the County of Kings,Nassau,Queens or Suffolk,in the State of New York, LOT COVERAGE The total floor area used for buildings,display areas and parking areas divided into the total lot area, expressed as a percentage.The total lot area shall only include agricultural lands to which the County has acquired development rights under the Purchase of Development Rights Program and shall not include any land where the development rights are intact or any land to which the County does not own any interest or right, PERSON Any individual, partnership,firm,association,trust,company,joint venture or corporation. PREMISES All parcels that constitute the farrn operation. PROCESSING The conversion of locally grown crops and locally raised livestock into any form or condition other than the natural form by subjecting the item to any procedure or technique,including,but not limited to,slaughter,milling,fermentation,cooking or juicing, PURCHASE OF DEVELOPMENT RIGHTS PROGRAM The official name of the program by which the County may purchase the development rights),in whole or in part,to properties used for agricultural production,as established and outlined by this chapter. RESIDUAL RI GHT 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 t1lfl'n&shall not be considered site disturbances.Only site disturbances necessary for agricultural production,for the operation of a commercial horse boarding operation and/or for the operation of a commercial equine operation,as determined by the Committee,shall be permitted, SOIL The unconsolidated mineral and organic material creating the topsoil and subsoil layers,including,but not limited to,sand,silt,clay and organic matter,that serves as a natural medium for the growth of plants. SOLAR ENERGY SYSTEM A solar energy transduction system,wherein sunlight is used to produce electricity using photovoltaic hftpjMww.ecode360.corolprint/SU0867?guid=14941427&chlldren=trw 4123 8/26/2015, SuffolkC ounty,,NY technology and/or to heat water using solar thermal collection technology.Such transduction-systems are intended to reduce on-site nonrenewable energy consumption. SOLID WASTE Any unwanted and/or discarded material from agricultural,commercial, industrial,institutional,mining and/or residential sources, including,but not limited to,durable goods,no nd urab le 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 36o, as may be amended. Materials used as livestock bedding or as fertilizer supplements and/or soil conditioners or used in other manners pursuant to standard agricultural practices shall not be deemed solid waste, SPECIAL EVENT Any occasion,wedding,catered event on activity conducted an agricultural land,with or without an admission fee,and held on a one-time basis. Only special events consisting of agricultural education or the sale,marketing,production,harvesting or use of agricultural products.,as determined by the Committee,shall be permitted. SPECIAL USE PERMIT Written permission, issued by the Committee to: A. Conduct a site disturbancel.and/or B. Conduct a special event. STRUCTURE Any improvement constructed or erected which requires location in,on or under the ground or attachment to something having a location in,on or under the ground, including, but not limited to, farm stands,greenhouses,processing facilities,alternative energy systems, berms, buildings,irrigation pumps, landscape screens,parking areas,signs,fences,and utilities.This definition shall not include the following so long as they are constructed or erected in accordance with standard agricultural practices,as determined by the Committee,- permeable farm roads and walkways,and trellis systems. TEMPORARY STRUCTURE Any structure as defined herein that is erected and in use for less than go days.Temporary structures erected for special events shall be removed immediately following the termination of the special event. Hoop layers that do not exceed a height of three feet six inches and do not require or result In the alteration of the property grade shall not be regulated by this chapter. UTILITIES Any overhead,surface or underground equipment such as a transmission line.,pole,wire, pipe,well, drainage system or septic syste rn necessary far the supply of electricity,natural gas and/or water,for the mitigation of sto rmwate r ru n off,for the removal of sanitary sewage effluent and/or for communication purposes,Only utilities necessary for the farm operation,farm stand or processing facilities shall be permitted. in addition,all utilities infrastructure shall be subordinate to the agricultural use of the agricultural land. WIND ENERGY SYSTEM A wind energy transduction system,wherein kinetic wind energy is converted into electricity or mechanical enemy using a.wind turbine,a tower and associated equipment.Such transduction systems are intended to reduce on-site nonrenewable energy consumption. § 8-3. Applicability. hUp:ihvww.ecode360.com/print/SU0867?guld=14941427&children=true 5128 8/2612015 Suffolk County,NY This chapter shall be applicable to all agricultural lands to which the County has acquired interests or rights, ire whole or in part, under the Purchase of Development Rights Program.This chapter shall not apply to nonagricultural lands acquired as open spaces or open areas for the purpose of preserving active parkland, passive parkland,woodlands and/or wetlands and shall not apply to farmlands to Which the County does not own any interest or right, § 8-4. Farmland Committee. A. Established,The Committee is hereby constituted as a continuing agency of the County government. B. Membership. (1) The Committee shall consist of ig 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 to of whom shall be designated one from each town within the County and shall serve at the pleasure of the respective Town Boards, (2) The Committee may invite any government officials,agricultural advocates and/or others with technical expertise to participate in its deliberations in a nonvoting capacity or otherwise assist it in discharging its functions under this chapter. C. Financial disclosure. Each committee member shall submit the financial disclosure statement that is annexed to this law and chapter as Exhibit A.(I] Committee members shall submit this disclosure statement to the Suffolk County Board of Ethics,or any successor body, by May 15 of each year. [Amended 3-19-2014 by LL. No:10-2014] [i] Editors Note:Exhib 1 t A is included as an attachment to this ch ap ter. D. Composition. (1) The Suffolk County Executive shall appoint nine members as follows:the Suffolk County Economic Development and Planning Department Commissioner,,or his/her designee;the Suffolk County Division of Planning and Environment Director,,or his/her designee;and seven members at large subject to the following criteria, (a) At least one member shall be an individual with a background or expertise in the cultivation of edible crops,including, but not limited to,vegetables,fruits,berries,tree nuts,herbs,and spices; (b) At least one member shall be an individual with a background or expertise in livestock and livestock products; (c) At least one member shall be an individual with a background or expertise in the cultivation of ornamental,horticulture and nursery crops, (d) At least one member shall be an individual with a background or expertise in viticulture; (e) At least one member shall be an individual with a background or expertise in organic agriculture;and (f) Two members may be appointed from the public at large, (2) The i o town designees shall be certified to the Clerk of the Suffolk County Legislature by the Town Clerk of the respective towns. Each member shall be subject to the criteria set forth in Subsection E of this section. (3) The Division of Planning and Environment Director,or his/her designee,shall serve as Chairman of http.-IMww,ecode360.com/print/SU0867?guid=i4NI427&children=true, 6/23 Suff-olk County,NY the Committee commencing on January 1,2012,and continuing thereafter. (4) The Committee may appoint four adVisors,one from each of the following,to participate in the Committee's dell'beratio.ns in a nonvoting capacity or otherwise assist the Committee in discharging its functions under this chapter;the Suffolk County Health Services Department Commissioner, or his/her designee.;the Natural Resources Conservation Service or the Suffolk County Soil and Water Conservation District,Cornell Cooperative Extension and a farm advocacy group, E, Eligibility, (1) The two Suffolk County Executive appointees from County departments,as specified in§8-4D(l) of this chapter,shall not be subject to the eligibility requirements specified herein. (2.) A Committee member shall be a resident of the County or an employee of a municipality in the County at the time of his/her appointment and throughout the duration of his/her term as a member of the Committee. (3) The Committee members designated by the towns shall have diverse backgrounds or expertise in areas including, but not limited to,agriculture,municipal planning,natural resources management,ecology, land use litigation, land use regulation,environmental law.,tax law and/or real estate.All designees shall have a general understanding of agricultural practices. (4) A member of the Committee shall continue to satisfy the requirements of this section with respect to eligibility for appointment to the Committee throughout the duration of his/her term. (5) In order to continue to serve as a member of the Committee,the member shall have attended at least 75%of the meetings held by the Committee on an annual basis.Absences from such meetings caused by death in the immediate family of the member(i.e.,spouse,children., parents, brothers.,sisters,in-laws and/or grandparents),caused by a verifiable it I ness or caused by a verifiable accident shall not be counted for the purpose of this attendance calculation. (6) If a vacancy occurs in any town position for any reason, including but not limited to expiration of term,absence or resignation,and the Town does not certify a member within go days of notice frorn the County Executive,the County Executive shall fill the vacancy for the remainder of the term or fo u r yea rs if the term has expired.The County Executive appointee must reside in the Town where the vacancy exists. F. Te rms. (1) An existing Committee member,as of January l,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 fouryears,and no member shall serve more than three terms,for a maximum of 12 consecutive years of service,except each member appointed as per 8- 1D(1) of this chapter,whose term will run concurrent to service in the title § 4 specified. pecl (3) Any member appointed under this chapter shall serve through the term to which he/she is appointed. (4) Any appointments made to fill a terminated,expired or vacated position shall be made in accordance with the provisions of this chapter, G. Authority.The Committee shall have and be entitled to exercise the following powers and duties: (1) To recommend to the Suffolk County Legislature farmlands from which development rights may httr,/Mww,ecode360,comiprint/sUO867?guld=14941427&children=true 7123 8/26/201 16 Suffolk County,NY be acquired; (2) To review requests to subdivide the r6sidual'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 or not to issue a permit and the terms and conditions that should apply; (4) To determine what constitutes standard agricultural practices; (5) At the first Committee meeting of the calendar year,in order to expedite the processing of applications,the Committee may introduce a list of minor and routine agricultural cultural practices whose permitting review and determination shall be delegated to the Division,These practices may include,but are not limited to, livestock fencing,deer fencing,irrigation wells,etc.The Committee shall issue guidelines and standards as it deems necessary and proper for the review and determination of these minor and routine practices to Division staff.The list of these minor and routine agricultural practices,and their permitting standards,shall be introduced as resolutions and voted upon at the subsequent Committee meeting. If passed via resolution,the permittingI review and nation for this practice shall be delegated to staff for two years. determination The Committee cannot delegate any additional permitting review responsibilities to the Division during these two years but can,if it deems it appropriate, reassume permitting review and determination,The Division may,if it deems it appropriate, refer any Single application back to the Committee for approval.Any applicant denied by the Division may, upon written request., have the matter referred to the Committee. (6) To provide guidance and recommendations on matters relevant to development rights,farmland conservation and the agricultural economy; (7) To promulgate such rules and/or regulations as may be necessary to carry out the intent of this chapter and to govern the administration and functions of the Committee; (8) To establish and adopt 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 (1o) To perform other duties at the request of the Suffolk County Legislature,the Suffolk County Executive and/or the Division, H. Meetings, (1) Schedule.The Committee shall hold an organizational meeting not later than the 15th day of February of each year.At such meeting,the Committee shall adopt a schedule of meetings for that year,The Committee may amend the adopted schedule as necessary. (2) Open meetings. Committee meetings shall be open to the general public and shall have an opportunity for public comments. (3) Quorum.A majority of the total membership of the Committee shall constitute a quorum thereof. (4) Required vote for action.Resolutions of the Committee shall be adopted by a vote of not less than the majority of the total membership of the Committee, § 8-5. Acquisifi ion of development rights. httP:1Mww,e,code360.com1pr1 nt/SU 0867?gui d=14941427&chi Wen=true 8/23 8126/2015 Suffolk County,NY A. Application biannual review process.A biannual review period shall be designated in order to maximize the County's financial resources while preserving its valuable natural resources,including,but not limited to, its viable agricultural soils and sole-source aquifer. (1) Review of new parcels, (a) New parcels shall Include those parcels that have never been reviewed by the Committee for inclusion in the Purchase of Development Rights Program;-those parcels whose approval by the Suffolk County Legislature for planning steps under the Purchase of Development Rights Program has expired; or those parcels that were denied by the Committee and/or the 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 t c the Division in order to be considered for the Program, (c) Each complete application received by the Division by the last day of January shall be considered by the Committee at its March meeting or subsequent meeting held after March. Each complete application received by the Division by the last day of July shall be considered by the Committee at its September meeting or subsequent meeting held after September. (d) Within five years of rejecting the County's offer or expiration of the County"s offer,the landowner may resubmit an application but the landowner must bear the expense incurred by the County associated with the application process,IncludIng, but not limited to:surveys, title searches.,appraisals,and environmental assessments. Furthermore,the landowner will be required to follow the biannual review process in the same manner as a new parcel outlined in this section.After five years of rejecting ecting the County's offer or expiration of the County's offer,the landowner can resubmit an application free of charge. [1] In the case of a landowner death,the surviving tenant by the entirety or devisee can resubmit a parcel application within the five yea r window without bearing the expenses incurred by the County, I (e) Applications may be considered by the Committee outside of the biannual review period if there is a necessity for review,such as estate concerns resulting from the sudden death of the landowner(s)or financial hardship resulting from crop failure or similar imperative,and if the proposed preservation is consistent with the applicable County,town and/or village comprehensive plans and/or agricultural and farmland protection plans. In addition,a referral made by a Suffolk County Legislator,a town or village within the County and/or a not-for-profit conservation organization may be considered outside of the biannual review period,provided that the proposed preservation is consistent with the applicable County, town and/or village comprehensive plans and/or agricultural and farmland protection plans. (2) Comprehensive master list for farmland, (a) Every six months,the Committee shall establish a comprehensive master list that prioritizes all of the parcels the Committee recommends for inclusion in the Purchase of Development Rights Program, It will not include parcels that are in negotiations,that are in contract or that have been approved for acquisition by resolution of the County Legislature. {b) The Committee shall prioritize the parcels in a manner that maximizes the County's financial resources while protecting the County's most significant agricultural resources, (c) The comprehensive master list shall be recommended to the Suffolk County Executive and Suffolk County Legislature following the Farmland Committee's March meeting or its http:/Mww,ecode360.com Ipri nUSU 0867?gul d=14941427&chi ldren=true 9123 ,8/261201 fi Suffolk County,NY 4 t subsequent meeting,as well as following the Farmland Committee's September meeting,or its subsequent meeting. B. Acquisitions, (1) The County shall have the authority to purchase the development right(s)to a parcel,in whole or in part, upon approval of the Suffolk County Legislature and subject to the provisions of this chapter. (2) Criteria for consideration.Only lands able to sustain an economically viable commercial agricultural enterprise,as determined by the Committee,shall be considered for inclusion in the Purchase of Development Rights Program. Land eligible for inclusion shall either be used in agricultural production, in support of a commercial horse boarding operation,or in support of a commercial equine operation and shall meet the following criteria: (a) Commercial agricultural operation. [1] All development rights to the subject land shall be intact. [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$io,000,or the subject land shall be less than seven acres and the associated farm operation shall have an average annual gross sales value of at least$5o,000, (b) Commercial horse boarding operation., [i] All development rights to the subject land shall be intact. [2] The subject land shall be actively used in support of a commercial horse boarding operation, [3] The subject land shall beat least seven acres and the associated farm operation shall have an average annual gross sales value of at least$io,000. (c) Commercial equine operation, [i] All development rights to the subject land shall be intact, [2] The subject [and 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$io,000. (3) The Committee shall demonstrate a preference for farm operations that prornote agricultural production while protecting groundwater,soils and viewsheds. C. Restrictions,conditions or encumbrances.When the County acquires title to a development right(s) with funds received from the federal,state or local governments or from private sources,such title may be acquired subject to restrictions,conditions or encumbrances required as a result of the funds received.Such restrictions,conditions or encumbrances may include,but are not limited to,a reverter interest held by the source of f u rids.Such restrictions and conditions shall be reviewed by the Suffolk -County Attorney.Acceptance of such funds and the terms and conditions for acceptance shall be subject to legislative approval. D. Title.Where the County acquires the development right(s)through the Purchase of Development Rights Program,which conditions said acquisition upon the financial participation of a governmental entity or other private source,the title may be held by: hftp:/Mww.ecode360.com/prinVSUG867?gujd=14941427&children=true 10/23 &2&2015 Suffolk County,NY (i) The County; (2) The County,governmental entity(ies)'and/or'not-for-pro'fit conservation organization(s)as tenants in common,each on an undivided pro-rata interest to the extent of the financial participation stipulated in the legislation authorizing the respective County acquisition or acquisition program;or (3) The County,governmental entity(ies) and/or not-for-profit conservation organization(s),by physically dividing the property up between the County,governmental entity(ies)and/or not-for- profit conservation organization(s),with the County owning all of the development rights(and/or interests) in its respective portion of the property,with the governmental entity(ies)owning all of the development rights(and/or interests) in its (their) respective portion(s) of the property and with the not-for-profit conservation organization(s) owning all of the development rights(and/or interests) in its (their) respective portion(s) of the property,, E. Management agreement,If it is not contrary to any statute,the Suffolk County Charter,this chapter or any other local law,any regulation or other Cou nty policy,the County is hereby authorized to negotiate and to enter into management agreements with governmental entities and not-for-profit conservation organizations for the management of said County acquisition(s),and the terms and conditions thereof shall be approved by the Suffolk County Attorney in consultation with the Suffolk County Division of Planning and Environment Director, § 8-6. Alien at ion 0 f 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 b the y (3) Such factors as the uses to which adjacent lands have been put;and (4) The necessity for the use of the land(s)for another governmental purpose. § 8-7. Notification requirements. A. Change of address.The agricultural landowner shall notify the Division if the land is to be leased to another party and provide the agricultural land lessee's name and address. The agricultural landowner and agricultural land lessee shall notify the Division of any change of address for receipt of mail or service of process In writing within 3o days of a change of address. B. Change in ownership.The agricultural landowner,seller shall notify the Division of the intention to sell the residual right(s)to the agricultural land and provide the name and address of the intended pu rchase r in writing 45 days prior to the closing of a sale of the residual right(s)to lands)for which the County has purchased,.i n whole or In part,the development right(s). § 8-8. Permits. hftp.-/Mww.eGode360.,com/Print/SU0867?guid=14941427&children=true 11/23 812612015 SuffolkCounty,NY A. Permit types. (1) Agricultural development permit.An agricult'Ural development permit shall be necessary for the following actions,where proposed on agricultural land.- (a) To erect a structure, including temporary structures: (b) To install a structure,including temporary structures; {c) To locate and/or relocate a structure.; (d) To modify an existing structure,except de minimis alterations such as the replacement of doors on an existing structure; (e) To rebuild a structure,including temporary structures,, {f) To remove and/or demolish an existing structure; (g) To operate an alternative energy system, (h) To operate a farm stand; (i) To operate a processing facility;and/or 0) To create a permeable parking area, (2) Special use permit.A special use permit shall be necessary for the following actions,where proposed on agricultural land: (a) Site disturbances. [1] Such permit shall be necessary for all site disturbances on agricultural lands. [21 only site disturbances associated with standard agricultural practices,drainage improvements and/or agricultural development permits,as determined by the Committee,shall be permitted on agricultural land. (b) Special events. [i] Such permit shall be necessary to conduct a special event where proposed on agricultural land, [2] A maximum of one special event may be held each calendar year per farm operation. [3] No special event shall exceed two days of operation. [4] No special event shall adversely impact the viability of the agricultural operation and/or the associated natural resources,as determined by the Committee. [S] All catered events shall be considered a special event and are subject to special event permitting through the Committee. B. Permit requirements and limitations. (1) An agricultural development permit shall be obtained by the agricultural landowner or agricultural land lessee with approval of landowner prior to commencement of construction activities, including clearing,regrading or other site preparation necessary for constructing,placing, modifying or demolishing a structure. Failure to comply with the permit requirements specified herein shall be subject to the provisions of§8-15 of this chapter. http:/Mww.ecode360.com/printtSU0867?guid=14941427&ch'IIdren=true 12123 RIM2015 bUItOIXGOUnty,NY ��) A special use permit shall be obtained by the agricultural landowner or agricultural land lessee with approval of landowner prior to commencement of site disturbance activities, Failure to comply with the permit requirements specified herein shall be subject to the provisions of§8-15 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. (S) A special use permit does not relieve the agricultural landowner and/or agricultural land lessee from compliance with federal,state and local regulatory and/or zoning ordinances.Compliance with all health and safety codes shall be required in connection with any special events, C. Exception to permit requirement,The agricultural landowner and/or the agricultural land lessee shall not be required to obtain a permit for an activity or structure that is existing and in compliance with the provisions of this chapter,the contract of sale and the deed of development rights On the effective date of these amendments.Any modifications to the preexisting,conforming activity or structure shall be subject to the permit requirements specified in this chapter. D, Permit application procedures. (1) Applications for permits or permit modifications shall be submitted to the Division two weeks before the Committee meeting at wh.*Ich the application will be heard,unless a later filing is approved by the Division.Applications shall include: (a) An application form,where required; (b) The name,address and telephone number of the applicant,and if an agent will be representing the applicant,the application shall include the name,address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant; {c) The name,address and telephone number of the agricultural landowner,and if the agricultural landowner is not the applicant,the application shall include a letter or other written permission signed by the agricultural landowner: [1] Confirming that the agricultural landowner is familiar with the application;and [2-] Authorizing the submission of the application; (d) The physical address of the subject parcel; (e) The Suffolk County Real Property Tax Map Number(i.e., district,section,Nock and lot)of the subject parcel; A slite plan delineating the location of the proposed development and/or the proposed event,which the Committee may require be prepared by a licensed surveyor or other professional-, (g) A nonrefundable application fee,where required;and (h) Any other information requested by the Division and/or Committee that may be necessary to review the proposal. http:IA-vww.ecode360,cornIprj nUSU 0867?guid=14941427&chi Wen=true 13/23 8/26/2015 �SUWKuoumyjNY (2) Applications for permits or permit modifications maybe referred to another agency such as the Suffolk County Sol] and Water Conservation District for expert advice, (3) Only complete applications,as determined by Division staff,may be referred to the Committee for approval. (4) The Committee may approve,approve with conditions,deny or deem incomplete an application. (5) The agricultural landowner shall record the agricultural development permit and/or special use *t,including applicable conditions,with the Suffolk County y Clerk if such recording is required by the Corr mittee.Fallure to comply with this requirement shall be subject to the provisions of §8-15 of this chapter, (6) The agricultural landowner shall submit the"as-built"plans associated with an agricultural development permit and/or special use permit,where required by the Committee,to the Division within one year of permit issuance.The agricultural landowner may submit in writing a request to extend the time frame within which this requirement must be completed. Failure to comply with this requirement shall be subject to the provisions Of§8-15 of this chapter. E. Permit'issuance criteria.Permit'issuance shall be subject to the following conditions: (1) The agricultural landowner and the agricultural land lessee,if applicable,shall be otherwise in compliance with this chapter, (2) The proposed action shall not alienate the development right(s)acquired by the County in any manner; (3) The proposed action shall be consistent with the intent and provisions of this chapter; (4) The proposed action shall be consistent with all adopted Committee guidelines- (s) The proposed action shall promote agricultural production or agricultural tourism., (6) The proposed action shall not negatively impact the agricultural land"s short-term and/or long- term viability for agricultural production; (7) The proposed action shalli not negatively impact the value of the agricultural land, (8) The proposed action shall not undermine the short-term and/or long-term viability of the natural resources, (9) The proposed action shall be approved in such a manner,with applicable conditions,as to limit the negative impacts to soils,water(both groundwater and surface waters)and viewsheds; (1o) The proposed action shall not result in a significant negative impact to any adjacent property that Is not consistent with standard agricultural prac'tices; (11) The proposed action shall be approved in such a manner that minimizes,to the extent possible,all other negative impacts;and (12) The proposed action shall be consistent with expert recommendations,where sought by the Committee. F. Permit fees, (1) Application fee.A nonrefundable fee in the amount of$too shall be submitted with each application for a permit, (2) The application fee shall be waived if the application is exclusively for: http4,1&ww.ecode360,com/print/SU 0867?gUJd=14941427&chfl dren=true 14/23 ,8/2612015 Suffolk County,NY (a) Permission to remove or demolish an existing structure, in whole or in part. (3) Public hearing fee.A fee in the amouHt Of$560 shall be 5ubmitt'ed 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 1/2of the public hearing fee. (4) Failure to submit the required fee(s)shall deem the application incomplete. § S-9. Permit conditions, A. General conditions,Permits shall contain such reasonable conditions as the Committee deems necessary to protect the agricultural iand. B. Covenants and restrictions.Where it deems appropriate and necessary,the Committee may condition the issuance of an agricultural development permit and/or special use permit upon the agricultural landlMner's execution of a restrictive covenant,or other instrument acceptable to the Division,The restrictive covenant or other instrument shall be recorded in the Office of the Suffolk County Clerk prior to permit issuance and not later than 6o days from the date of the Committee's approval,Failure to file said restrictive covenant in accordance with the above shall render the approval null and void and may be subject to the provisions of§8-iS of this chapter. C. Continuing obligations.The agricultural landowner and/or agricultural land lessee shall have a coati n ui ng obligation to mai ntain all i rn provernents.authorized by and to abide by all conditions 0. imposed by a permit,including compliance with all provisions of this chapter, D. Noncompliance,The failure to comply with any and all conditions of an agricultural development permit and/or special use permit shall be deemed a violation of this chapter,subject to the penalties provided in§B-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. F. Expiration,All agricultural development permits shall expire within one year of issuance unless the authorized improvements have been commenced;a building permit,where required by the local town or village, has been secured by the agricultural landowner;or the Committee has granted the agricultural landowner an extension.Any request for an extension shall be made In writing to the Committee by the agricultural landowner, Only one extension per permit application may be granted by the Committee. No extension may be granted for a duration greater than one year. Requests for extension shall not be subject to the permit fee requirements specified in this chapter. § 8-10,, Lot coverage,, A, Maximum lot coverage.The lot coverage of agricultural lands shall not exceed the following: Parcel Area (acres) Maximum Lot Coverage 0 to 25 15% 2-5 to 50 12.5% More than 5o 10% B, Further limitations.The maximum lot coverage set forth in Subsection A does not create a right to http:/Amvm,er,ode360.com/prinUSU0867?guld=14941427&children=true 15/23 SuffolkC;OUMYINY construct buildings,display areas or parking areas up to the limits imposed.All proposed development must be for the express purpose of supporting agricultural production,a commercial horse boarding operation and/or a commercial equine operation,as set forth in this chapter,The Committee may limit lot coverage to an amount less than the maximum lot coverage as it deems necessary to carry out the purposes of this chapter, C. Relief. In the event of hardship,the Committee shall have the authority to approve,in whole or in part, or disapprove all agricultural development permit applications for buildings that would result in a lot coverage that exceeds the maximum lot coverage specified in Subsection A of this section. In no case shall the lot coverage exceed 25%,All approvals shall be subject to ratification by the Environment, Planning and Agriculture Committee(EPA),or successor committee,of the Suffolk County Legislature. (1) Relief process.The Committee shall conduct a public hearing. Upon closing the public hearing, the Committee shall determine whether or not a hardship exists. If a hardship does not exist,the Committee shall d[sapprove 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 5oo 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 to da,%/s 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 to days prior to the public hearing. (3) Criteria for relief. in making its determinat,ion,'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 maximurn lot coverage would be exceeded; (d) Whether the proposed relief will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district,and (e) Whether the alleged difficulty was self-created,which consideration shall be relevant to the decision of the Committee, but shall not necessarily preclude the granting of the agricultural development permit, (4) Extent of relief,The Committee,in the granting the approval,shall grant the minimum lot coverage that it shall deem necessary and adequate and at the sarne time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. (5) Imposition of conditions.The Committee shall,in approving the relief and the agricultural development permit, have the authority to'impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the premises.Such conditions shall hUp.-/Mww.ecode360.comiprfnt/SU0867?guld=14941427&children=true 16123 015 SuffolkCounty,NY be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such approval may have can the neighborhood or community. § 8-11. Agricultural tourism, A. Purpose,Agricultural tourism promotes agricultural education and gives the public the opportunity to experience agricultural activities first-hand.Agricultural tourism can enhance the long term economic viability of agricultural production by providing an additional source of on-the-farm revenue. Agricultural tourism must be accessory to the primary purpose of agricultural production.Catered events shall not be considered agricultural tourism. B, Permits. (1) only the following specifically enumerated agricultural tourism activities are allowed on agricultural lands.The following activities, in conjunction with an active farming operation,shall be considered components of agricultural production and are not subject to the Committee permitting process: (a) -U-Pick"operations with produce such as,but not limited to,strawberries,raspberries, blueberries,pumpkins.T-Pick"activities can only be offered for produce grown on the farm operation. Produce grown off-premises cannot be imported to the agricultural lands for the purposes of'U-pick-- operations; (b) Crop mazes.Crop mazes must be made from a harvestable commodity such as corn stalks or sunflowers that are harvested on a regular basis. Mazes of a permanent nature are not permitted-, (c) Hayrides; {d) Agricultural educational tours,such as vineyard tours.only sampling of products grown or processed on the farming operation is allowed on an agricultural educational tour. (2) Agricultural tourism activities that require the installation of a temporary structure or the modification within the footprint of an existing structure are subject to the Committee permitting process as specified In §8-8.Agricultural tourism structures can only be temporary in nature and must be associated with allowable agricultural tourism activities as listed in§8-11130). Temporary structures shall count towards the parcel area's maximum lot coverage as specified in §8-10 of this chapter. No permanent agricultural tourism structures are permitted on premises. C. Parking,, Permeable parking areas for agricultural tourism may be permitted as necessary,subject to the agricultural development permit requirement specified in§8-8 of this chapter. Parking areas shall count towards the parcel area's maximum lot coverage as specified in§8-1 o of this ch apter. § 8-12, Farm stands and processing facilities. A. Purpose. Farm stands provide farmers with direct outlets to market the agricultural products grown on the farm operation as well as locally grown produce, Processing facilities provide farmers with opportunities to convert natural and raw forms of agricultural products grown on a farm operation into a processed agricultural product such as cheese,jam and wine,derived from products grown on the farm operation, B. Limitations. in no event shall the cumulative floor area of a farm stand and/or processing facility exceed i,000 square feet of floor area. For purposes of this calculation,a farm stand display area shall not be counted towards this building limit.All proposed development must be for the express purpose httP:/hvww.ecode360,comJPri nVSU 0867?gui d=1 4941427&children=true 17123 8/2612015 Suffolk County,NY of supporting a farm stand operation or processing facility,as set forth in this chapter.The Committee may limit this building coverage to an amount less than the maximum building allowance as it deems necessary to carry out the purposes of this chapter. Farm stands,display areas, processing facility structures and parking shall count towards the parcel area's maximum lot coverage as specified in§8- lo of this chapter. C. Permits.The construction,placement,relocation, modification,expansion,demolition and/or operation of a farm stand or processing facility on agricultural lands shall be subject to the agricultural development permit requirements specified in this chapter.The Committee may issue an agricultural development permit for a farm stand structure and/or a processing faci I ity subject to the following conditions: (1) Farm stands. (a) Only agricultural products, processed agricultural products,and other agriculture-related products-shall be offered for sale at the farm stand,Agricultural products shall include: [1] Agricultural products grown on premises and processed agricultural products,such as cheese,jam and wine,derived from agricultural products grown on premises. [2] Agricultural products grown off premises may be sold on farm stands,provided they are locally grown agricu Itu ral products or processed agricultural products derived from locally grown agricultural products.The total amount of locally grown products offered for sale must be subordinate to produce grown on the farm operation and shall not exceed 40%of the total square footage of products displayed at the farm stand structure, [3] Agriculture-related products, including clothing and other souvenir items that promote the farm or locally grown produce,shall be allowed so long as the total sales area does not exceed 1 o%of the total square footage of prod u cts displayed at the farm stand structure. (b) The farm stand structure shall not exceed 1,000 square feet and shall be subject to the agricultural development permit specified in this chapter. �c) The farm stand operation may include an additional display area which Shal I not exceed i,5oo square feet.Awnings,overhangs,porches and decks attached to the farm stand structure shall count towards the farm stand display area. (d) The farm stand structure shall be designed for either seasonal or year-round use,and the installation and maintenance of permanent heating equipment within the farm stand structure is permitted. (e) Storage of agricultural products and processed agricultural products,including cold or climate-controlled storage,is permitted within the farm stand structure. (f) The installation of utilities, including any overhead,surface or underground equipment such as a transmission line,pole,wire,pipe,well,drainage system or septic system necessary for the supply of electricity, natural gas and/or water,for the mitigation of stormwater runoff, for the removal of sanitary sewage effluent and/or for communication purposes shall be permit ted if necessary and required for the farm stand operation.A special use site disturbance permit is required for the installations of such utilities. (g) Second floors are not permitted to be built for farm stand structures. (h) Permeable parking areas for the farm stand may be permitted as necessary,subject to the agricultural development permit requirement specified in§8-8 of this chapter, Park i ng are-as http://www.ecode36O.com/print/SU0867?guld=W41427&children=true 18123 Suffolk County,NY shall count towards the parcel area's maximum lot coverage as specified in §8-10 of this chapter. I I (i) The farm stand d and display areas listed herein shall be constructed and operated in compliance with all applicable federal,state and local legal requirements,including,but not limited to,zoning restrictions and New York State and Suffolk County Department of Health Services regulations. (2) Processing facilities. (a) Processing shall be limited to the processing of on-premises and locally grown agricultural products. No less than 51 'of the inputs used in processing must consist of products produced on the farm operation. (b) The processing structure shall not exceed ip o o square feet a n d shall be subject to the agricultural development permit specified in this chapter.However,as set forth in Subsection B,the cumulative total floor area of a processing structure and a farm stand structure cannot exceed 1,000 square feet. (c) Processing structures shall not include display areas, (d) The modification of an existing structure for processing purposes is permissible,subject to the Committee permitting review. (e) The installation of utilities,including any overhead,surface or underground equipment such as a transmission line,pole,wire,pipe,well,drainage system or septic system necessary for the supply of electricity, natural gas and/or water,for the mitigation of stormwater runoff, for the removal of sanitary sewage effluent;and/or for communication purposes shall be permitted if necessary and required for the processing facility, A special use site disturbance permit is required for the installations of such utilities. (f) The processing structure listed herein shall be constructed and operated in compliance with all applicable federal,state and local legal requirements,including,but not limited to,zoning restrictions and New York State and Suffolk County Department of Health Services regulations, D, Conditions,The Committee may impose such additional conditions as it deems necessary to carry out the purposes of this chapter, § 8-11 Alternative energy systems., A. Purpose.Alternative energy systems provide farmers with opportunities to generate safe,efficient, effective and renewable energy on site and diminish the farm operation's dependence on nonrenewable energy sources.All alternative energy systems shall be subordinate to the agricultural use of the agricultural land. B. Permits.The construction, placement,relocation, modification,expansion,demolition and/or operation of an alternative energy system on agricuitural 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 11o%of the farm operation's average annual consumption,where annual consumption is the total arnount of energy used per an n u m for those agricultural activities permitted on agricultural lands. (2-) Electricity generated by the alternative energy system shall not be consumed by any residential or http:/A,vww.ecode360.comlprinUSU 0867?gut d=14941427&chi ldrerr-true 19/23 8J2612015 Suffolk County,NY other nonagricultural land use nor shall it be consumed by any activity prohibited on agricultural lands,whether or not said use is on the subject parcel,contiguous to the subject parcel and/or under common ownership with the subject parcel,except as stated herein. C. Connectivity,The alternative energy system may be connected to the utility provider's electricity grid, provided that the rated capacity of the alternative energy system is less than or equal to the standard set forth in Subsection B(i) of this section.In the event that the farm operation changes and the average annual electricity consumption is reduced,the agricultural landowner shall be required to disconnect from the utility provider's grid unless the alternative energy system is modified such that the new rated capacity of the alternative energy system is consistent with the standard set forth in Subsection B(i)of this section. D. Conditions,The Committee may impose such additional conditions it deems necessary to carry out the purposes of this chapter. § 14. Prohibitions. A. Nonagricultural use. No person shall use agricultural lands for any purpose other than agricultural production,except as provided in this chapter. B. Abandonment of agricultural use. Beginning on January l.2014,no owner shall leave agricultural land uncultivated and not engage in agricultural production or a commercial horse boarding operation and/o r a corn m ercial eq uine operation,for more than two consecutive years, C. Mining.Resource extraction,including soil removal,shall be prohibited on all agricultural lands. D. Dumping.There shall be no dumping on agricultural lands. E. Solid waste.No solid waste shall be burned or stored on agricultural lands. F. Hazardous waste.No hazardous waste shall be stored on agricultural lands, G. Aviation.No aircraft 1 1 1 .. including,but not limited to,airplanes,helicopters,hot-air balloons and gliders, shall be permitted to land on, hover above or take off from agricultural lands,except where part of standard agricultural practices such as crop dusting or for law enforcement,fire,emergency or military purposes. H. Vehicles,No vehicles,including all-terrain vehicles,shall be used or stored on agricultural lands except in aiding agricultural production or for law enforcement,fire,emergency or military purposes. I. Structures,No person shall erect,install,locate,relocate,modify,rebuild,remove or demolish a structure without an agricultural development permit. J. Farm stands. No person shall operate a farm stand without an agricultural development permit. K. Processing.No person shall operate a processing faciiity without an agricultural development permit. L. Alternative energy systems. No person shall operate an alternative energy system without an agricultural development permit. M. Driveways,roadways,thoroughfares.No person shall use any driveway,roadway,path or thoroughfare on agricultural land for vehicular access to an adjacent parcel for any purpose other than agricultural production, N. Parking areas.Asphalt,concrete and all other impermeable parking areas shall be prohibited on agricultural lands. Mp:/Mww.ecode360,comfpri nUSU 0867?gui d=14941427&chi ldren=true 20123 8/26/2015 SuffolkCounty,NY 0. •Landscape screens. No landscape screen shall be permitted around fallow agricultural land,except those agricultural lands kept fallow customary to standard agricultural practices. P. Site disturbances.No person shall conduct a site disturbance,including,but not limited to,dredging, excavation,filling,grading and/or soli removal on agricultural land without a special use permit. Q. Special events. No person shall conduct a special event on agricultural land without a special use permit, R. Contracts.No person shall violate the terms and conditions of the contract of sale,as may be amended,and the deed of development rights,as may be amended. S. Any nonagricultural activity not explicitly permitted by this chapter shall be prohibited. § 8-15 Enforcement A. Cease and desist order. (1) Where a violation of this chapter,the contract of sale and/or the deed of development rights is suspected,the Division shall cause an investigation to be conducted.if the Division has reason to believe that a violation of this chapter,the contract of sale and/or the deed of development rights has been committed or exists,the Division may issue a cease and desist order.The cease and desist order shall be served in person or by certified mail to the agricultural landowner at the address on file With the he Division and,where applicable,the agricultural land lessee,The cease and desist order may direct restoration of the property,removal of structures that are in violation of this chapter,the contract of sale and/or the deed of development rights and such other corrective actions and terms as the Division finds necessary to protect the Cou nt-ys interest in the agricultural land, (2) A cease and desist order may be lifted by the Division upon a finding that the violation has been abated and/or when an application to bring the activity into compliance has been filed and a permit has been issued. B, Violations.Where it is determined by court that a violation of any of the provisions of this chapter has been committed or exists,the agricultural landowner,the agricultural land lessee and any other person who takes part or assists in such violation shall each be deemed guilty of a violation of this chapter. C. Temporary restraining order and/or injunction. (1) The County may obtain a temporary restraining order and/or injunction to enforce the provisions of this chapter. (2) Violation of a temporary restraining order and/or injunction may be punishable as contempt under state laws, (3) Violation of a temporary restraining order and/or injunction shall constitute a separate violation of this chapter,punishable by penalties in addition to those imposed for the Underlying violation for which the temporary restraining order and/or injunction was obtained. 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. httpJNvww.ecode360.com/prinVSUg867?quid=14941427& KIIdren=true 21/23 8/26/2015 Suffolk Cou*,NY (2) Where a violation has resulted in damage to the agricultural resource on agricultural land,the court may order restoration of the agricultural land to the greatest extent possible,regardless of cost. E. Removal, (i) The court may compel the agricultural landowner and/or the agricultural land lessee to remove any and all unauthorized structures on agricultural land. (2) Where a violation has resulted in the erection,installation, location,relocation,modification or demolition of a structure or the operation of an alternative energy system,farm stand and/or processing facility on agricultural land,the court may order the removal of said structure or remains,regardless of cost. F. Damages,Where a violation of the provisions of this chapter results in damage to the Count_ys interest in the development right(s)and/or the underlying value of the land,the court may award damages to the County equal to the development right(s) purchase price plus compounded interest and an additional amount as would be necessary to purchase the development right(s)to a similar agricultural property,as determined by the County. G. Civil penalties. (1) AvIolation Of§8-14 shall be punishable by civil penalty of up to$5,000 per days with each day constituting a separate violation. (2) Any violation which causes a substantial reduction in the Viability of the agricultural resource shall be punishable by a civil penalty not more than$io,000 per day,with each day constituting a separate violation.The viability of the agricultural resource may be determined by any reasonable means,including,but not limited to,testimony from any person with demonstrated agricultural expertise, H. Costs and disbursements.The court may award costs of investigating and enforcing this chapter. I. Attorneys`fees.The court may award attorneys/fees. J. No waiver. Failure to take an action to enforce the provisions of the contract of sale,the deed of development rights,this chapter and/or any rules or regulations prornulaated 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 laver,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. § 8-16. Right to use property for recreational purposes The agricultural landowner retains the right to use the property for otherwise lawful personal, noncommercial uses;including, but not limited to,hunting,fishing,cross-country skiing,camping,and horseback riding. In al I cases,such recreational uses cannot damage the environmental sustai nabil ity of the property and must be subordinate to and consistent with the agricultural use of the property. § 8-17. Provio s ions to control over other le islation. 91 http:/Avww.ecode360.com/prinvsub867?quid=1404'14 7&N I drer-r-true 220 8J2&2015. Suffolk County,NY Notwithstanding the provisions of any special law,charter law,local law or resolution which may be 'inconsistent herewith,in whole or in part,this chapter+shall in all r+�.spects:control in the matter of the acquisition or alienation of development rights in agricultural lands. 848- 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, http./Mww.ecode360.com/printISU0867?quid=14941427&chi Wen=true 23/23 COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic and Development September 8,2022 Mx. Casmo Carucci 11780 County Rd 48 Mattituck.,,NY 119 52 Re: SITE: Farm of Casmo Carucci OWNER(S)-, Casmo Carucci TAX MAP NUMBER(S) 1000-108.00-02.00-005.002 p/o, and 1000-108.00-02.00-005.003 p/o FUNDING: Preserving Farmland Fund and New Suffolk County 1/4% Drinking Water Protection Prog-ram. —(F'AYGO)—De,vel opIR(nt i ahts-_Farmland Dear Mr. Carucci: Suffolk County Procedural Resolution No. 27-2022 (the "Resolution") recently passed the Legislature a-ad, pursuant thereto, we are authorized to solicit your interest in selling the above referenced property to 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, final accurate and certified survey and the availability of funds from all appropriate funding sources. The purchase price of development rights will be the sum of$720.000.00+/-in full payment for the above referenced property as follows: VALUE PER ACRE #ACRES DEVELOPMENT RIGI-FI'S VALUE $80,000.00 9+/- $72000.00+/_ Please indicate your interest by completing the bottom portion of this letter and returning it to me at the address noted below. Please note that this solicitation of interest to sell will remain in effect for 30 calendar days. If we do not receive your written indication of interest within such 3 0 calendar day period,this solicitation of interest will be deemed null and void without further action on the part of the County and no further acquisition of this parcel will be pursued by the County. If we receive your written indication of interest within such 3 0 calendar day period, we will proceed with the preparation of the Contract of Sale to be submitted to you for your review and execution If you are interested in entering into a Bargain Sale Agreement with the County of Suffolk for a non-cash charitable contribution that may provide you with tax benefits from the Internal Revenue Service (IRS), please indicate that by checking the appropriate box below. H.LEE DENNISON BLDG im 100 VETERANS MEMORIAL HWY,2 n'F1 ® P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 M (631)853-4800 EXHIBIT '%%F// Please note that in order to qualify for a bargain sale (n.on--cash charitable contribution) you must be willing to accept a purchase price less than the amount offered above. The reduction of the purchase price is based upon established County policy which requires a charitable gift of between 1% and 5% of the purchase price. Please keep in mind that this is an important legal and tax issue that should be discussed with your client/attorney and/or accountant before electing this option. If you have any questions concerning this matter,please contact me at(631) 853-3122. Yours truly, Maria Kelly Acquisition Agent Cc: Michael Brown, Acq. Supervisor Elyse Jay,Acctg.Unit Peggy DeKams,Acq.Unit Site: Farm of Casmo Carucci Owner: Casmo Carucci Tax Map Nos: 1000-108.00-02.00-005.002 p/o, and 1000-108.00-02.00-005.003 p/o Ftinding:_PreseryffiR .FannIanal Ftui(l and New Suffolk- Coun 4% DrInkin.o- Water Protectloyl Proem WAYGO)-Development is-Fanpland I am interested and want to proceed with this transaction for the price stated herein. I am not interested in selling my property to the County. Interested in Bargain Sale Cl Yes 0 No Amount of Charitable Donation % owfler: Name(authorized to accept) Telephone# Title Address: Attornev: Name: Telephone# Address H.LEE DENNISON BLDG u 100 VETERANS MEMORIAL HWY,2nd F, 0 P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 (631)853-4800 EXHIBIT NNF" ,B TRACTS, F=t F==F:1 E IQ REas;ic1farmial S!CGrnmarclal Titles Insurancz-aa aincs 1 se4 as agent,or "ieago Title Insurance Company SCHEDULE A DESCRIPTION (EXHIBIT A) Title Number:23-38-0150-11776 Page: 3 AMENDED 512812025: Part of Lot 005.002 AND Part of Lot 005.003(NOW P10 NEW LOT 005.004)—to be conveyed ALL that certain plot piece or parcel of land,situate,lying and being in Matfituck,Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road(CR 48)distant 737.67 feet easterly from the comer formed by the intersection of the easterly side of Farmers Field Road with the southerly side of Middle Road(CR 48); RUNNING THENCE along the southerly side of Middle Road(CR 48)along the arc of a curve bearing to the right with a radius of 1877.86 feet and-a distance of 31.81 feet; Thence the following nine(9)courses and distances: I-South 21 degrees 20 minutes 31 seconds East 75.00 feet 2.North 61 degrees 23 minutes 30 seconds East 219-86 feet; 3.South 21 degrees 22 minutes 38 seconds East 275.64 feet; 4.North 72 degrees 14 minutes 56 seconds East 70.48 feet 5.South 22 degrees 28 minutes 44 seconds East 34.08 feet 6.North 80 degrees 12 minutes 46 seconds Fast 348.17 feet 7.North 22 degrees 37 minutes 00 seconds West,300.29 feet; 8.South 80 degrees 03 minutes 56 seconds West 344.19 feet; 9.North 21 degrees 26 minutes 30 seconds West 325.88 feet to the southerly side of Middle Road(CR 48); THENCE along the southerly side of Middle Road(CR 48)and along an arc of a curve bearing to the right with a radius of 1877.86 and a distance of 368.35 feet; THENCE South 21 degrees 40 minutes 00 seconds East 93-89 feet'. THENCE South 22 degrees 37 minutes 00 seconds East 791.50 feet to the northerly line of the right of way of the Long Island Railroad Company; THENCE along the northerly line of the right of way of the Long Island Railroad Company,the following(3)three courses and distances: 1. South 51 degrees 00 minutes 43 seconds West 364.58 feet(Actual)(364.85 feet-Deed); 4 J I I-PAS-rE-SA I"GORPQR IN,-F ECG -z.. ` Rasidatnttal f�-c�-ommarclal Title Insurance sirnda'I e84 as a ent for Chicago TRIe Insurance CoWany SCHEDULE A DESCRIPTION (EXH I BIT A) Title Number-:2MS-0150-11776 Page: 4 2. South 22 degrees 06 minutes 00 seconds East 16.60 feet(Actual) (16.51 feet-Deed); 3. 3_South 61 degrees 23 minutes 30 seconds Vilest 329.26 feet(Actual) (330.09 feet—Deed); THENCE kNorth 20 degTues 47 minutes 00 seconds West 704.57 feet to the southerly side of Middle Road (CR 48).the print or pia of 6U-11"Ji I ING i r P Sr A4 ,t Scaled Dimension GMMTYLnu, .- : V o� {�.�A Am 12.1 A(d)of � - p���/ I R FARK • _•+�.._�, i.A1iF1Gl�_ '�� Air .�� Mf�I LANCE 121 C •v_ r,¢'� _�,^ ..{��`�r,�y �9�S�• _ ma's -_Tt ..4J.y_ _ �. -... ---��.....-- -. _ _ - _•- __ ��:.-w..r.�•y�..�,*''�'S`�.•.•e='•�'..t5 r.-R-,.' -_ Y:a_ --=-.r.z=a�ti��i;,"�:.'s..-'r �-^.:�'S�._ �`���-�'.�^,���: }. - L v t w +`r •..' `-'G` '`' =r r+,�-•^�!�. *'� '. _••.' r .'. ., :•__ .i y$.. _.,.r'�-L'4� ,.�. r ,y�y�`•,r�__-... +5�€".s. .R f`-�".. .,��� - -„i-'�+'�..c'+�r+;'f.-yti.. '-• •r+a _f -.,_�. --_ ., ;..y.,'.. _.`,`.,.•.r• :.t:r°�- ",�,. vim_ tfy. #ti�R� r�r-„� ^.i' �,-�+ -'-.�.a, '-�.•1- .-s. �•. i �_' ��. �:y.:�4y.__ �°.r.r•i .-{ .�.N..+,-�.� t,..�. • . ..•,ram-1 �i•rr+ Y,�.,- •' r-k�i aes.a4W'^' y'�- ��'__� - .;y�[ _ +{ - _ �7 �_� _. ._ rr'1�`- __ �, _'�,('���,i3,t4�'�a,�-P!�},"y`•7-•�e a��•f '�7�, �.� qy -,'�"y%:ti . � �,,.�•` .-a i.N.1`.�e - _~ }��,���-� _��FtiY+i�. "trr. ls. �J .. _ � AA'3 t'-��.�i w -;�°, •�-,ti`+.,�•'�..�s�"'S.L y+•' .d `.... '',hT" 'ji�9�' :4"+S9�ir'! •'.�.►,�r+"yr�: .•s'.� 35: r.L +• .� ■....a+.,.. �6'�.iis+t.+.: '� P _.4.�...�'�k =+,Jfi rr'�"`--.i5,7...x..S'.a�Y.ti arrP..rL'.'a'..-�'..-} ME SEC-NO.101 "` F~'H LlNE SEE SEC:NO.101 .f TC .. .. - - �-- - r + L •, "IAH _ LINE R 4 2.SA 7.2 1 s_4A (MWAf OFs 3 2.7 c ) COMMUNiTYCHMS FELLOWSHIP 2 3 4.7A(c) r 71A 42 s� . +2 5t7A 7.21 7,20 �• CO 4, 3 7.19 Y m (T0M DF S0VM0LD ' DEVaOftjRfT R1GHTS) 7.18 r (4) 7.17 7_60 2 11+OA • 2.4A(c) y s0it 7 1 TM 1.7A(c) 7.51 7.47 ' 7.52 7.5 7.54 - 4 A Suffolk County Administrative Code Section A-40-4(N) The Division of Real Property Acquisition and Management shall take such measures as shall be necessary and appropriate to ensure that the acquisition of all parcels or interests in real estate authorized under any County land acquisition program shall take place within two years after the effective date of the County resolution authorizing the acquisition of such parcels or any interest therein. If the transfer of title to such parcels or interests in real estate shall not take place within two years after the effective date of the County resolution authorizing such acquisition, then the Director of Real Estate of the Division of Real Property Acquisition and Management shall provide a written report to the County Legislature and appear before the Ways and Means Committee and the Parks and Cultural Affairs Committee of the County Legislature, or any successor Committee thereto, in order to continue the acquisition process. EXHIBIT "T" o W6tlaw. McKinney's Agriculture and Markets Law§305 Page I Effective:July 30,2010 Mckinney's Consolidated Laws of New York Annotated Currentness Agriculture and Markets Law(Refs&Annos) 9i Chapter 69. Of the Consolidated Laws 15-w Article 25-AA.Agricultural Districts(Refs&Annos) *+mt §305.Agricultural districts;effects 1. Agricultural assessments. a. Any owner of land used in agricultural production within an agricultural district shall be eligible for an agricultural assessment pursuant to this section. If an applicant rents land from another for use in conjunction with the applicant's land for the production for sale of crops, livestock or livestock products, the gross sales value of such products produced on such Tented Inid shall be added to the gross Sale's value of such products produced on the ]mid of the applicant for purposes of deterniinhig eligibility for an agni- cultuml assessment on the land of the applicant. Such assessment shall be meted only upon an annual applica- tion by flrie owner of such land on a form prescribed by the commissioner of taxation and finance. The applicant shall furnish to the assessor such information as the commissioner of taxation and finance shall require, includ- in g classification in formation prepared for the applicant's laird or water bodies used in agricultural produaim by the soil and water consen-ation district office within the county, and information demnstrating the eligibility for agricultural assessment of any land used in conjunction with rented land as specified in paragraph b of subdi- vision four of section.three hundred one of this article. Such application shall be filed with the assessor of the as- sessing unit on or before the appropriate,taxable status M date-5 provided, however, that (i) ' the year of a revalu- ation or update of assessments, as those terms are Aefined in section one bun crud two of-the rcal property tax law, the application may be filed with the, assessor no later than the tbirtieth day prior to the day by which the tentative assessment roll is required to be filed by law-, or (B)an application for such an assessment mr-ty 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 fltness of the applicant or of the applicant's spouse, child parent, brother or siqter, which actually prevents the applicant from filing,on a timelybasis, as certified by a licensed pbysician, or (c) the occurrence of a natural disaster, includin& but not I limited to, a -flood, or the destruction of such applicant's residence, barn or other farm build' 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 sball be assessed pursuant to this section. Not less than ten days prior to the date for hearing complaints in relation to assessments, the assessor shall fail to each applicant, who bias in- cluded witb the application at least one self-addressed, pre-paid envelope, a notice of the approval. or denial of the application. Such notice shall be on a form prescribed by the commissioner of taxation and dance which shall indicate the manner in wbich the total assessed value is appoiffloned among the various portions of the property subject to agricultural assessment and those other portions of thD property not eligible for agricultural assessmimt as determined for the tentative assessment -roll and the latest final assessment roll. Failure to mail. any such DOU'Ce OT failuxe 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. 0 2011 Thomson Reuters.No Claim to Orig.US Gov. Works. 1 EA"'H 18 i T ;T �� 7 McKw' hey's Agriculture and Markets Law§305 Page 2 b. That portion of the value of land utilized for agricultural production within an agricultural district which rep- resents an excess above the agricultural assessment as determined in accordance with this subdivision shall not be subject to real property taxation. Such excess amount if any shall be entered on the assessment roll M` the manner prescribed by the commissioner of taxation and finance. c. (i) The assessor shall utilize the agricultural assessment values per acre certified pursuant to section three hun- dred four-a of this article in determm" ing the amount of the assessment of lands eligible for agricultural assess- ments by multiplying those values by the number of acres of land utilized for agricultural production and adjust- ing such res-ult by application of the latest state equalization rate or a special equalization rate as may be estab- lished and certified by the commissioner of taxation and fmiance for the purpose of computing the agricultural assessment pursuant to this parWaph,This resulting amount shall be the agricultural assessment for such lands, (ii) Where the latest state equalization rate exceeds one hundred, or where a special equalization rate which would otherwise be established for the purposes of this section would exceed one hundred, a special equalization rate of one hundred shall be established and certified by the commissioner for the purpose of this section. (iii) Where a special equalization rate has been established and certified by the commissioner for the purposes of this paragraph, the assessor is directed and authorized to recompute the agricultural assessment,on the assess- ment roll by applying such special equalization rate instead of the-latest state equalization rate, and to make the appropriate corrections on the assessment roll, subject to the provisions of title two of aiticle, twelve of the real property tax law. d, (i) If land within an agricultural district which received an agricultural assessment is converted parcels, as de- scribed on the assessment roll which include land so converted shall be subject to payments equalling five thnes the, taxes saved M" 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- ceedmg five years. The amount of taxes saved for the last year in which the land benefited from an agricultural assessment shall be determined by applying the applicable tax rates to the, excess amount of assessed valuation of such land over its agricultural assessment as set forth on the last assessment roll which indicates such an ex- cess. If only a portion of a parcel as described ou the assessment roll is converted, the assessor shall apportion the assessment and agricultural assessment attributable to the converted portion, as determined for the last as- sessment roll for which the assessment of such portion exceeded its agricultural assessment. The difference between the apportioned assessment and the apportioned agricultural assessment shall be the amount upon which payments shall be determined. Payments shall be added by or on behalf of each taxing Jurisdiction to the taxes levied on the asscssment 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 unposed if the last as- sessment roll upon which the property benefited from an agricultural assessment, was more than five years prior to the year for which the assessment roll upon which payments would otherwise be levied is prepared. (h) 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- Mg 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 maxinum total penalty of-five hundred dollars Mi addi- tion to any payments owed. (iiii)(a) An assessor who determines that there is liability for payments and any penalties assessed pursuant to subparagraph (ii) of this paragraph shall notify the landowner by mail of such liability at least ten days prior to the date for hearing complaints in relation t6 assessments. Such notice shall indicate the property to which pay- ments apply and describe how the payments shall be determined. Failure to provide such notice shall not affect the levy,collection or enforcement or payment of payments; (b) Liability for payments 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 by virtue of oil, gas or wind exploration, developmenit or extraction activity or by virtue of a taking by eminent domain or other involuntary proceeding olhi.r than a tax sale, the land or portion so converted shall not be subject to pay- ments. If the land so converted constitutes only a portion of a parcel described on the assessment roll, the as- sessor shall apportion the assessment, and adjust the agricultural assessment aftHbittable to the portion of the parcel not subject to such conversion by subtracting the proportionate part of the agricultural assessment attrib- utable to the portion so converted. Provided further that land within an agricultural district and eligible for an agncultural 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 hind. (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 fonn prescribed by the commissioner. (Vi) The assessing unit, by majority vote of the governing body, may impose a ramiimum payment amount., not to exceed one hundred dollars. (vii) The purchase of land in fee by the city of New York for watershed proteWon purposes or the conveyance of a conservation easement by the city of New York to the department of environmental conservation which.pro- hibits future use of the, land for agricultural purposes shall not be a conversion of parcels and no payment shall be due under this section, e. In connection with any district created under section three hundred four of this wticle, the state shall provide assistance to each taxing jurisdiction in an amount equal to one-half of the tax loss that results from requests for agricultural assessments In The district. The amount of such tax loss shall be computed annually by applying the applicable tax rate to an mount 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. rj McKinney`s Agriculture and Markets Law§305 Page 4 and finance on a form approved by such commissioner and containing such information as the commissioner shall require. Upon approval of the application by such commissioner, such assistance shall be apportioned and paid to such taxing,jurisdiction on the audit and warrant of the state comptroller out of moneys appropriated by the legislature for the purpose of this article; provided, however, that any such assistance payment shall be re- duced by one-half the amount of,any payments levied under subparagraph (1*) of paragraph d of this subdivision, for land in any district created under section three hundred four of this article, unless one-half the arnournt of such payments has already been used to reduce a previous assistance payment under this paragraph. f. No�viffiftndins any inconsistent gerieraL special or lost law to the contrary, if a natural disaster, act of God, or cmitinued adverse weather eondifions shall destroy the agricultural production and such fact is certified by the cooperative extension service and, as a result, such production does not produce an average gross sales value of ten thousand dollars or more, the owner may nevertheless qualify for an agricultural assessment provided the owner shall substantiate in such manner as prescribed by the commissioner of taxation and finance that the a - cultural production initiated on such land would have produced an average gross sales value of ten thousand dol- lars or more but for the natural disaster,act of God or continued adverse weather conditions, 2. Repealed by L..1997, e, 357, §9. 3. Policy of state agencies. It shall be the policy of all state agencies to encourage the maintenance of viable faming in agricultural districts and their administrative regulations and procedures shall be modified to this end insofar as is consistent with the promotion of public health and safety and with the provisions of any federal statutes, standards, criteria, rules, regulations, or policies, .and any other requirements of federal agencies, in- cluding provisions applicable only to obtaining federal grants, loans,of other funding. 4. Limitation on the exercise of eminent domain and other public acquisitions, and on the advance of public funds, a. Any agency of the state, any public benefit corporation or any local government which intends to.ac- qu.ire Ind or any interest therein, provided that the acquisition from any one actively operated farm within.the district would be in excess of one acre or that the total acquisition within the district would be in excess of ten -acres, or which intends to construct, or advance a grant, loan, interest subsidy or other funds within a district to construct, dwellings, commercial or industrial facilities, or water or sower facilities to serve non-farm structures, shall use all practicable means in undertaking such action to realize the poli+ey and goals set forth in this article, and shall act and choose altmatives which., consistent with social, economic and other essential considerations, to the maximum extent practicable, minimize or avoid adverse impacts on agriculture in order to sustain a viable farm enterprise or enterprises within the district, The adverse agricultural impacts to be minimized or avoided shall include impacts revealed in the notice of intent process described in this subdivision, b: As early as possible In the development of a proposal of an action described in paragraph a of this subdivi- sion, but in no event later than the date of any deter3mination as to whether an environmental impact statement need be prepared pursuant to article eight of the environmental conservation law, the agency, corporation or government proposing an action described in paragraph a of this subdivision shall file a prel-Eminary 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 prelinainary notxoe shall include the following: F t y_r 0 2011 Thomson Reuters,No Clain?to Ori , US Gov.works. r•yF+; R LIZ _ �, Ys+-�O-� tiIr•.� s. '7T. -}iry-s3-•{ r`i+.r'i'14"+ ,Ia'. 6�y4 f;r ,�"? �• ;$ i., "'' A. }rt a-- •} ,a } '�-.h.+�C...1 ..'. l •- 4` •r 'i . _' i. �1•_� v - S f 1 4+ •5Y'. .FY• -3. '• 1� .* CT �_:r J.'--4a..r F+1 :,, ' `±4r' '•r.4 tg r'.ay y-.{ _-t`._+.•4f J. ;K.r -:a '-'.,tiC !. _ z#._•• .: y�•ti+..p ry r,.ii.,..- =— _j._.��''' '�.�4%a*+"`:+t_ �r' ..F^fi:.d #«{':��ti`k, +, �`.da BMW F McK-inney's Agriculture and.Markets Law§305 Page 5 (D a brief description of the proposed action and its agricultural setting; (ii) a summary of any anticipated adverse impacts on faun operations and agricultural resources within the dis- trict;and. (iii)such other information as the commissioner may require. c. The agency, corporation or govermnent proposing the action shall also, at least sixty-five days prior to such acquisition, conmetion or advance of public funds, file a final notice of intent with the commissioner and the county agricultural and farmland protection board. Such final notice shall include a detailed agricultural impact statement setting forth the following: (i)a detailed description of the proposed action and its agricultural setting; (H)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*implemented; (iv)alternatives to the proposed action; (v) any irreversible and irretrievable con-unitrrments of agricultural resources which would be involved in the pro- posed action should it be implemented; (vi) mitigation measures proposed to mm"I'mize 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-faun development, where applicable and appropriate;and It (viii)such other information as the commissioner may require. The commissioner shall promptly determine whetber the final notice is complete or incomplete. If the commis- sioner does not issue such detennin.ation within thirty days, the flual notice shall be deemed complete. If the fi- nal notice is dete r fined to be incomplete, the commissioner shall notify the party prop esirig, the action in writ- ing of the reasons for that determination. Any new subm i s ion 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 xmat apply and shall be deemed waived by the (D 2011'I'h.omson Reuters.No Claim to Orig.ASS Gov.Works. 4 Ji'y i McKinney's Agriculture and Markets Law§305 Page 6 owner bf the land to be acquired where such owner signs a document to such effect and provides a copy-to the commissioner. e. Upon notice from the commissioner that he or she has accepted a final notice as complete, the county agricul- tural and farmland protection board may, within thirty days, review the proposed action and its effects on farm operations and agricultural resources within the district, and report its findings and reconi ruendat ions to the commissioner and to the party proposing the action in the case of acfl6ns proposed by a state agency or public benefit corporation, and additionally to the county legislature M" the case of actions proposed by local govern- ment agencies, f. Upon receipt and acceptance of a final notice, the commissioner shall thereupon forward a copy of such notice to the commissioner of unviro=ental conservation and the advisory council on agriculture. The commissioner, m 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 Ruffial 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 additional.period of sixty days uinmQdiately 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 farm enterprise or enterprises within the district. The commissioner may hold a.publlic 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 wnw' the dis-! trict, and individual notice, in writing, to the municipalities whose terrltorlc� encompass the district, the com- missioner of environmental conservation, the advisory counell on agriculture and the state agency, public benefit corporation or local govemm ent.proposing to take such action. On or before the conclusion of such additional sixty day period,the commi"SsIoner shall report his or her fmdhigs to the agency, corporation or government pro- posing to take such action, to any public agency having the power of review of or apptoval of such action, and, m a manner conducive to the wide dissemination of such fmdings, 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 go-vemment proposing the action accepts the commissioner's proposal, then the, require- ments of the notice of intent Ming shall be deemed fulfilled, if the- agency, corporation or government rejects the coraunissioneils proposal, teen if shall provide the cwErnissioiier with reasons for rejecting such proposal and a detailed comparison between its proposed action and the commissioner's alternative or alternatives. g. At least ten days before commencing an action which has been the subject of a nonce of intent filing, the agency, corporation or government shall certify to the commissioner that it has made an explicit finding that the requirements of this subdivision have been met, and that consistent with social, economic and other essential considerations,-to the maxuinum extent practicable, adverse. agricultural impafts revealed in the notice of intent 0 2011 Thomson Reuters.No Claim to Orig.US Gov.Works. I Kinney's Agriculture and Markets Law§305 Page 7 gri process w] Iz I '11 be minim' ed or avoided. Such certification shall set forth the reasons in support of the finding.fi, 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 facility shall be sited on land in agricultural production which 'I's located within an agricultural district, or land mi agricultural production that qualifies for and is receiving an agricultural assessment pursuant to section three hundred six of this article.Nothing contained herein,however,shall be deemed to prohibit siting when: (i) The owner of such land has entered into a written agreement Which shall indicate his consent for site consid- eration;or (ii) The applicant for a permit has made a commitment in the permit application to fund a farm ]and protection 11 conservation easement within a reasonable proximity to the pro-posed project in an amount not less than the do]- lar value of any such faun land purchased for the project;or (Iiii) The commissioner in concurrence with the commissioner of environmental conservation has determined thqt 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 deternimiation 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 hmediately necessary for the protection of fife or property or to any project or proceeding to which the department is or has been a statutory party. j. The commissioner may bring an action to enforce any Mitigation measures proposed by a public benefit cor- poration or a local government, and accepted by the commissioner, pursuant to a notice of intent filing, to min- hnize or avoid adverse agricultural impacts from the proposed action, 5. Limitation on power to impose benefit assessments, special ad valorem levies or other rates or fees in certain improvement districts or benefit areas. Within improvement districts or areas deemed benefited by municipal improvements including, but not limited to, hnprovements for sewer, water, lighting, non-farm drainage, solid wastf,, disposal, including those solid waste managennent facilities established pursuant to section two hundred twenty-six-b of the county law, or other landfill operations, no be-nefit assessments, special ad valorem levies or other rates or fees charged for such improvements may be imposed on land used primarily for agricultural pro- 0 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 surrounding any dwelling or non-farm structure located on said land, nor on any fann structure located in an agricultural district unless such structure benefits directly from the service of such improvement district or benefited area; provided, however, that if such benefit assessments, ad valorem levies or other rates or fees were "unposed prior to the formation of the agricultural district, then such benefit assessments, ad valorem levies or other rates or fees shall continue to be imposed on such land or farm sftcture. 6.Use of assessment for certain Purposes. The governing body of a fire, fire protection, or ambulance district for which a benefit assessment or a special ad valorem levy is made, may adopt a resolution to provide that the as- sessment determmied pursuant to subdivision one of this section for such property shall be used for the benefit assessment or special ad valorem levy of such fire,fire protection,or ambulance district. 7. Notwithstanding any provision of law to the contrary, that portion of the value of land which is used solely for the purpose of replanting or crop expansion as part of an orchard or vineyard shall be exempt frOM Teal property taxation for a period of six successive years following the date of such replanting or crop expansion beginning on the first eligible taxable status date following such replanting or expansion provided the following conditions are met: a. the land used for crop expansion or rep canting must be a part of an existing orchard or vineyard whicb is loc- ated on land used in agricultural production within an agricultural district or.such land must be part of an exist- ing orchard or vineyard which is eligible for an agricultural assessment pursuant to this section or section three hundred six of this chapter where the owner of such land has Bled an annual application for an agricultural as- b. the laud eligible for such real property tax exemption shall not in any one year exceed twenty percent of the total acreage of such orchard or vineyard which is located on land used in agricultural production within an agri- cultural district or twenty percent of the total acreage of such orchard or vineyard eligible for an agricultural as- sessment pursuant to this section and section three hundred six of this chapter where the owner of such land has filed an annual application for an agrioultural assessment; c, the land eligible for such real property tax exemption must be maintained as land used in agricultural produc- tion as part of such orchard or vineyard for each year such exemption is granted;and d. when the land used for the purpose of replanting or crop expansion as part of an orchard or vineyard is located within an area which has been declared by the governor to be a disaster emergency iu a year in which such tax exemption is-sought and in year in whioh such land meets all other eligibility roquirements for such tax exemp- tion set forth in this subdivision, the maximurn twenty percent total acreage restriction set forth in paragraph b of this subdivision may be exceeded for such year and for any remaining successive years, provided, however, that the land eligible for such real property tax exemption shall not exceed the, total acreage damaged or des- troyed by such disaster in such year or the total acreage which remains damaged or destroyed in any remaining successive year. The total acreage for which such exemption is sought pursuant to this paragraph shall be subject to verification by the commissioner Uhis designee, 0 2011 Thomson Reuters,No Claim to Orig.US Gov. Works, McKinney's Agriculture and Markets Law§305 Page 9 In administering this subdivision, the portion of the value of land eligible for such real property tax exemption shall be determined based on-the average per acre assessment of all agricultural land of the specific tax parcel as reported in a form approved by the commissioner of taxation and finance. CREDIT(S) (Added L.1971, c. 479, § 1. Amended L-1972, c. 712, 4; L.1973, c. 232, §§ 1, 2; L.1974, c, 169, § 1; L.1975, c. 46-4, § 6; L.1975, c, 717, § 1,; L.1976,c. 576, § 1; L.1978, c. 663, § 1; L.1979, c, 266, § 21 L.1990, c. 79, §§ 8 to 10; L1981, c. 79, § 1; L.1981, c. 846, § 22; L.1982, c. 564, § 1; L.I983, c. 443, § 1; L.1985,0 c. 280, § 23: L.1985, c. 816, § 1; L.1987) c. 508., § I; L.1987, c. 774, §§ 3 to 6; L.19889 c. 736, § 2; L.1990, c. 396, § 31' L.1990, c. 698, § 1; L.1990, c. 758 § 1, L.1991, c, 562, § 1; L.1992, c. 534, § 2; L.1992, C. 797, §§ 93 10. L.19931 c. 440) § 22; L.19942 c. 3859 § 20; L-1994, c, 590, § 15; L.1995) c. 2352 §§ 4, 5; L.1995, 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. 3572 §§ 8 to 10, eff, Nov. 3:, 1997; L.1997, c. 362, §.10,eff. .Lig. 5, 1997; L.1998, c. 102, § 6, eff. June 9, 1998; L.1999,c. 472, § 1, eff. Sept. 7, 1999.; L.2000:0 c. 144, § 10) eff. July 11,, 2000; L.2003, c, 565, § 2, eff, Sept. 22, 2003; L-2006, c. 680, § 1, eff, Sept. 13, 2006; L-2006, c, 689, § 1, eff. Sept. 13, 2006; L,2007, c, 514, § 1, eff. Aug. 15, 2007, L.2010.,c. 565 pt.W,§ 1,subd.(d),eff.June 22,2010;L2010,c.229, § 1,eff.July 30,2010.) Current through L.2011, chapters I to 54, 57 to 521, 523 to 5247 5262 528 to 533, 5362 5379 539 to 548, 551 to 5599 561 to 564,565,and 567 to 569. 0 2011 Thomson Reuters END OF DOCUMENT 0 2011 Thomson Reuters.No Claim to Orig. US Gov.Works, DOCUMENT'FOR COMPLIANCE WITH NEW yQRI{STATE AGRICULTURE AND MARKETS I,,p'W§305(4)- residing at and residing at hereinafter described as the SELLFR(S),is in the process of executing a contract with Suffolk County,County Center, Riverhead,New York 11901 and the Town of hereinafter described as the PURCHASERS-0 WHEREAS,the SELLERS and the PURCHASERS desire to enter into a cantract for the sale of farmland development rights to Suffolk County Tax Map No. ff Please check either A.or B. A: The subject premises is not located within an agricultural district pursuant to New York State Agriculture and Markets Law Article 25AA. ' OR 13. The subject premises is located within an agricultural district pursuant to New Yank Slate Agriculture and Markets Law Article 25AA. If you checked yes to B.noted above,please respond to the following: . C. The PURCHASERS should proceed with an application to the State of New York and follow up with the procedure as further stated in New York State Agriculture and Markets Law §305(4)(a)-and(b), OR - - D. The SELLER desires that the provisions of New York State Agriculture and Markets Lary §305(4)(b)and(c)shall not apply and shall be deemed waived by the SELLER,in accordance with New York State Agriculture and Markets Law §305(4)(d), Furthermore, the SELLER authorizes the PURCHASERS to provide a copy of this document to the Commissioner of Agriculture and Markets. EXHIBIT"KII STATE OF NEW YORK )ss.- COUNTY OF On the day of in the year 20 before me,the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrutnent,the individual,or the person upon behalf of which the individual acted,executed the instrument. Signature and Office of Individual Taking Acknowledgment STATE OF NEW YORK COUNTY OF SUFFOLK On the day of in the year 20_, before me,the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insMment 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 bebalf of which the individual acted,executed the instrument. Signature and Office of Individual Taking Acknowledgment D OCUMENTOR COMPLIANCE WITH NEW� . F oRK STATE AGRICULTURE AND MARKET'S LAB 305 4- • + # I L78 Li t and at er�eiafcr dcserihcd ' t ELLER(S),is in the process oeuti �Brae �r' t i tit Su 1k oar County,County Center, . Ri v, rh ad,New Fork 11901 and the Town of Southold bere)'naiftere bed as,the PURCHASERS; WHEREAS,the SELLERS and the PURCHASERS desire to enter into a co1�#ra�c#for the sale of farmland development rights to Suffolk Coups Tax Ma No. 10 0 0-1+��. - & ].boo-1 .0o-0 0- 05 � P .� oU5.002 g/o .o p'/o . . 4 Please check either A.or Be x A: The subject premises is not locate � ' 4 �thrn a r Wtur district pursuant to .New York State Agriculture and Barkers Law Article 25AA. •OR D. The subject promises'is located within an agdcultural district pursuant to New York Sate Agflcultue and Markets Law Article 25AA. ' If you checked yes t*B.noted above,please respond to the fof low' mr. . C. The PURCHASERS should proceed with an#plication to the State ofNe.w •York and follow up with the procedure as further stated in Now-York State A sn 'culture and Markets Lave§305(4)(a)-and(b), CAR DO The S desires that the provisions of New York State AgricWture and Msskrts Law§305(4)(b)and(c)shall not apply and shall be deemed waived by the SELLER,in accordance with Niw Fork State ASticulture and , ets Law ( . Fayffivermm,the SELLER authorizes the PURCHASERS to p a p rode of tbia doemmt to the Comm]ssioner of Agriculture and Markets. - Z,a CASMO CARUCCI a , } i 4 ` STATE OF NEW YORK } � }SS. 1 COLJN'T`Y OF SUFFOLK On the day of January M the vear 2023 before me the undersigned, personally appeared CASMO CARU C C I ,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 instnent and acknoWledged to me that he executed the same in.his capacity,and that by his signature on the in.stmment,the individual,or the person upon beef of which the individual actcdd,executed the instrument. Denise M. Cuddy � r Notary Public State of New York N o.O1 CU6178519 Suffolk `ou - Signature and.Office of Individual � Con �.res Dec. 3 . Taking Acknow a gment STATE OF NEW YORK � ss.: COUNTY OF SU1FFOLK � On the day of ,in the year 20 before me,the undersigned, personally appeared ,personally know to me or proved to me on the basis of satisfactory evidencc to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Signature and Office of Individual • Talking Acknowledgment a Supplemental Rider to the Agreement between CASMO CARUCCI, Seller and COUNTY OF SUFFOLK, Purchaser Supplementing the provisions of the Agreement of the printed portion thereof, the following provision is added: 1. The purchaser, at purchaser's option, may obtain an appraisal of the subject premises to determine whether it is to Purchaser's benefit to apply for bargain sale recognition. M WITNESS WHEREOF, Seller and Purchaser have duly executed the Agreement and this Supplemental Rider. CASMO CARUCCI, Seller Date: COUNTY OF `UFFO X) Purchaser F Lisa Black, Chief Deputy County Executive Date: 1i111f Iilll IIIII Ilil I IIl SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument- DEED Recorded: 01/27/2025 Number of Pages : 8 At: 03 : 10 : 23 PM Receipt Number 25-0011999 TRANSFER TAX NUMBER: 24-19923 LIBER: D00013281 PAGE : 579 District: Section Block: Lot: 1000 108 . 00 02 . 00 005 . 004 E,v...AMTN,ED -A-ND r1WRr-'F.D AS FOLLOWS, Deed Amount: $726,404 .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 EA-CTY $0 .00 YES EA-STATE $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 Comm..Pres Fund $0 . 00 YES Comm.Housing Fund $0 . 00 YES Fees Paid $0 .00 TRANSFER TAX NUMBER: 24-19923 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk,, Suffolk County R 00 FKDED E C: 7 -:r ri pla r Numberof pages UINICEI-IT P"U'll r RK C! This document will be public SITF FOLK COUHTY L [100'01m.3*28-1 record. Please remove all 0- i 571;1 Social Security Numbers D Ti a-,#. 2,4t- prior to recording. Deed Mortgage Instrument Deed I Mortgage Tax Stamp Recording f Filing Stamps 3 FEES Mortgage Arnt. Page 1 Filing Fee U 1.Basic Tax Handling 20. 00 2. Additional Tax Sub Total TP-584 Y) Spec./Assit. Notation or Sub Total Spec./Add. EA-52 17(County) TOT,MTG.TAX EA-5217(State) Dual Town_Dual County R.P.T.S.A. Held for Appointme?t Transfer Tax Comm.of Ed. 5. 00 Mansion Tax 'ffidavit The property covered by this mortgage is Certified Copy OVA, C0,1*0 or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total YES or NO Other If NO,see appropriate tax clause on Grand Total ti 1� page ol'this instrument. fT 24050024 ING 10800 0200 005004 5 Community Preservation Fund 4 Dist.100( 1 - " : 1. Consideration Amount$ Real Property pT S' Tax Service R Wr A) 1111 Hill 1111101 CPF Tax Due $ Agency Verification Improved 6 Sati sf-a ct-lonsID isch arc e s!Rel eases List Property Owners Mailing Address Vacant Land 1Icljr^ Rg� DIV.OF REAL PROPERTY ACQUISITION f TD I bTb AND MANAGENIENT H.LEE.DENNI."SON BLDG,-2nd FLOOR TD W0 VETERANS MEMORIAL HIGHWAY TD P.O.BOX 6 100 T�AQ N"' I 1788-0099 4.Mail to: Vincent Puleo, Suffolk County Clerk 7 Title company Information 310 Center Drive, Riverhead, NY 11901 Co.NameABSTRACTS INCORPORATED www.suffolkcountyny-govIclerk Title-#2:3-3B-01,50-11776 8 Suffolk COUnty Recording & Endorsement Page This page forms part of the attached DEED OF DEVELOPMENT RIGHTS made by: (SPECIFYTYPE OF INSTRUMENT) cASMO CARUCCI The premises herein is situated in SUFFOLK COUNTY. NEW YORK. - — - So 0240 TO In the TOWN of IRIVER! COUNTY OF SUFFOLK In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST RETYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. (over) _ IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE.please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,*you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements- Local property taxes are payable twice a year: on or before January 100, and on or before May 315L. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y.11757 Riverhead, N,Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N,Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y.11971 (631)224-5580 (631)765-1803 Sincerely. Vincent Puleo Suffolk County Clerk 12-0104 06106kd i e r j 77� I SUFFOLK COUNTY DEED OF DEVELOPMENT RIGHTS F THIS INDENTURE, made the "7 day of er 2024 BETWEEN Casmo Carucci, residing at 11780 Country Road. 48, DIST RICT Mattituck New York, 11952, party of the first part, 1000 . AND COUNTY Off' S'l.T 'FOL , a municipal co rpo ra.t icon Of the SECTION Stage f New York, having its princ.ipal off ice at the Suffolk 108.00 County Center, 310 Center Driver Riverhead, New York 1901, which ill ac i ---- - re in and to the development rights -in the BLOCK premises, part' of the second part, 02.00 _,_J-__ ITNESSETH, that in accordance it Chapter f e --- � �e ended Suffolk County Code, as it now exists and as it may local LOT � resolutions or p O or �.odif�.ed,f and 'pursuant �� any rela,.ed and Suffolk Q05.004 laws including Suffolk County Resolution �08-2� � a Bond Resolution 10�-2�23t and Resolution 0.�.90-20 221 - County" T Resoluthon c. 38-2023 and F/K/A Procedural motion too. 2 7- 02.2, the Suf fold C+� t�" DISTRICT Fa. land Cowmittee No. EC-04 022 of lk Cox�nt Le is 1 afore r all on file with she Clerk of the Suff� 1.000 � afore that the J'ARTY OF THE FIRST PART in cons{�d�e�atxon Legislature SECTION of SEVEN HUNDRED THY S T THOUSAND FU � DRED and 0 0 1 00 108.00 DLL � 7 6, 00.OO)and other good o�i and valuable cons rde ra.t io _ _� the PARTY Off" THE SECOND PART-, DO HEREBY ORAigT AND _-P - paid by unto the PARTY OF THE SECOND` PAR' x the succes-Sors and BLOCK RELEASE � �- � DEVELOPMENT HE DE 02. 0 0 assigns of the PARTY O T SECOND PART foreve.T, T t and 0 - RIGHTS, by which. is meant the permanent legal inter general right, as author ed by 47 of the New York State LOTS g Local Law 'o. 44.-2 013 of the p/O Municipal Law, as arnended� and ' require or restrict o05.002 County' of Suf fOl k, as amended� �o permit, cultural production the use of the premises exclusively for agri 005.003 � s defined in Local. Law 4 -2 01 3 of the County' f as Lhat term ° Suffolk, as amended, and the right to preserve open space as that t e rm is defined in §247 of the New York State General Municipal Law, as amended,, and the right to prohibit cr restrict of the rises for any pnrpese ot�,er than agricultural the use p production.,ion., to the property described as follows: 4 L that iece or parcel of land, situated in the Town of AL p more Southold, County of Suffolk, and State of New York, P E i1�it particularly bounded and described as follows: (see description _ a nnexed hereto-and_and ..made a. part hereof, said property to e referred to hereafter as the "Premises") BEING AND INTENDED to be the Grantor herein being the same party as the. Grantee and the premises same as described in deed dated July 1, 2024, recorded. August 14, 2024 .in Liber 13259, page 827. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the premi s es herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, foreti er; AND the PARTY OF THE FIRST PART covenants that the PARTY OF waere�y the THE FIRST F-ART has not done or srfere anything except .. said premises have been encumbered ice. any way wha.t+e er,, as a f ores aid. The PARTY OF HE FIRST PART., as a covenant covenants an. running`n with the land in perpetuity, farther agrees for the PARTY OF THE FIRST PART, and their heirs, legal representatives, successors, assigns and/or party or parties ies in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production, as same is defined in Chapter 8 of the Suffolk County Code, as it now exists and as it may be amended or modified, and pursuant to any related resolutions or local laws; 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 December 12, 2023 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, licenser 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 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. 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 shall defend, indemnify Hdeibnif_y and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, ha lessfrom and against any and all damages, claims, josses, liabilities and expenses, in-cludingf without C%11mitationr resvonsibiliter 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 rihts; or (4) the acts or omi5sians =1 negligence of the PAR T Y g i OF THE FIRST PART. This covenant shall run wth the land in perpetuity. THE PARTY OF THE FIRST PART, their heirs, egal representatives, successors, assigns and/or party or parties in lawful POSsession of the premises subject to this deed of development rights, pursuant to leaser license, or other arrangement, covenant and agree to indemnify the PARTY OF THE I SEC01qD PART as to the follOwlng four paragraphs: PARTY OF THE F.IRST PART warrants that it is in compliance liance with, all applicable with and shall. reremain. in co -mp Environmental Laws. PARTY OF THE FIRST PART warrants that there are no notices .1 by �ny 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 operati-ons 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 ire on of the prerals.es subject to this deed of lawful P033essl development rights, pursuant to lease, license, or other arrangement hereby promise to hold harmless, defend and indernnify the PARTY OF THE SECOND PART against all litigation, claims, demands, penalties .and damages, including reasonable attorney's fees, arising from or connected Frith 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 indem n if ication obligations shall not be affected by any authorizations provided by the PARTY OF THE FIRST PART to the PARTY OF THE SECOND PART with respect to the Premises or any restoration activities carried out by PARTY OF THE SECOND PART at the Premises, provided, however, that the PARTY OF THE SECOND PART shall be responsible for any Hazardous Materials contributed after this date to the Ptemises by the PARTY OF THE SECOND PART. "Environmental Law" or 'Environmental LaVs" means any and all Federal, state, local or municipal laws, rules, orders, regulationso statu'utes, ordinances, codes, gua-delines, policies a lating or or requ3-re.Tnents of any governmental authorltY recJu imposing standards of liability or standards of conduct (inluding coon law) conv?rning air,, water, solid waste, c hazardous materials, worker and community rig resource radioactive material, resource hazardous communication, noise, " wetlands and watercourses, protection, subdivision, inlanQ 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 waterials, ignitable materials, ,lorrosive materials, hazardous chemicals, Y Y y RECORD & RETURN TO: i ARIA KELLY Dept. of Economic Development and Planning Div. of Real Property Acquisition & Management H. Lee Dennison Bldg. , 2nd Floor P.O. Box 6100 t to .2. a 1 v #yyt yam, e �Y F-5 d d 1�y it•7i`�]4 4 1p f ■ i lk TP1. IN00F1PCDR AJIFELD E3,4 Re3aicJe3r-kr,iml r--.,L Mc)rnrinc4rciFal�itlS9 as agent for Chicago Title Insurance Company SCHEDULE A DESCRIPTION (EXHIBIT A) Title Number:23-38-0150-11776 Page: 11 AMENDED 8/16/2024: Part of Lot 005.002 AND Part of Lot 005.003 (NOW P/O NEW LOT 005.004)—to be conveyed ALL that ceriain plot piece or parcel of land,situate, lying and being in Mattituck,Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road (CR 48)distant 737,67 feet easterly from the corner formed by the intersection of the easterly side of Farmers Field Road with the southerly side of Middle Road(CR 48); RUNNING THENCE along the southerly side of Middle Road(CR 48)along the arc of a curve 'Dea ring to the right with a radius of 1877.86 feet and a distance of 31.81 feet; Thence the following nine(9) courses and distances: 1. South 20 degrees 47 minutes 00 seconds East 75.00 feet; 2. North 61 degrees 23 minutes 30 seconds East 219.86 feet; 3. South 22 degrees 06 minutes 00 seconds East 248.58 feet; 4. North 79 degrees 06 minutes 00 seconds East 77.47 feet-, 5. South 22 degrees 37 minutes 00 seconds East 50.00 feet; 6. North 80 degrees 33 minutes 30 seconds East 358.85 feet; 7. North 22 degrees 37 minutes 00 seconds West, 300.29 feet; 8. South BO degrees 33 minutes 30 seconds West 350.28 feet; 9, North 21 degrees 26 minutes 30 seconds West 246.04 feet to the southerly side of Middle Road(CR 48); THENCE along the southerly side of Middle Road(CR 48)and along an arc of a curve bearing to the right with a radius of 1877.86 and a distance of 368-35 feet; THENCE South 21 degrees 40 minutes 00 seconds East 93.89 feet; THENCE South 22 degrees 37 minutes 00 seconds East 791.50 feet to the northerly line of the right of way of the Long Island Railroad Company-, THENCE along the northerly line of the right of way of the Long Island Railroad Company,the following(3)three courses and distances: 1. South 61 degrees 00 minutes 43 seconds West 364.58 feet(Actual)(364.85 feet-Deed); 2. South 22 degrees 06 minutes 00 seconds East 16.60 feet(Actual) (16.51 feet-Deed); { e e e _ w b R�siden���l�,Comrrar�ial Trt1�In�uranc�:�ir-ica'1 904 as agent fo r Chicago Title.Insurance Company SCHEDULE A DESCRIPTION (EXHIBIT A) Title Number:23-38-0150-11776 Page: 2 3. South 61 degrees 23 minutes 30 seconds West 329.26 feet(Actual) (330.09 feet—Deed); THENCE forth 20 degrees 47 minutes 00 seconds Vilest 704.57 feet to the southerly side of Micid e Road(CR 48),the point or place of BEGINNING. 4 b Jot r_ 1. rtwi� *v � r�t y a a I �4 �i b1 i i' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION DEED Recorded: 08/13/2025 Number of Pages : 7 At: 09:45 :31 AM Receipt Number : 25-0103529 TRANSFER TAX NUMBER: 25-01032 LIBER: D00013304 PAGE : 913 District: Section: Block: Lot: 1000 108 .00 02 . 00 005 . 004 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 EA-CTY $0 . 00 YES EA-STATE $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 Conun.Pres $0 . 00 YES Comm.Pres Fund $0 . 00 YES Comm.Housing Fund $0 . 00 YES Fees Paid $0 .00 TRANSFER TAX NUMBER: 25-01032 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULED County Clerk, Suffolk County 1 2 Numberof pages 1.7 This document will be public J.. record. Please remove all 4 7 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES Mortgage A rnt, Page/Filing Fee 1,Basic Tax Handling 20, 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Held for Appointment % Comm.of Ed. 5, 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is QCertsfied Copy or will be improved by a one or two NYS Surcharge 15, 00 Sub Total family dwelling only. YES or NO Other • — '�o J Grand Total If NO,see appropriate tax clause on page# of thi instrument. 4 1 Dist.100( 25027851 i000 losoo a2wo oasao4 P L /0 5 Community Preservation Fund r - p T S Real Property R CVA A Consideration Amount$ Tax Service I T-i Agency CPF Tax Due Verification Imiproved W ,,..-31LIsFac.�ll'ons/Discharges/R I L t?'oer'N Owners Mailing Address • 6 ' (2 -'N.REMOUL �6- Ty Vacant Land DIV.OF REAL PROPERTY ACQUISITION TD AND MANAGEMENT H.LEE DENNISON BLDG.-2nd FLOOR TD 100 VETERANS MEMORIAL HIGHWAY V P.O.BOX 6 100 TD HAUPPAUGE.NY 11788-0099 Mail to: Vincent Puleo, Suffolk County Clerk 71 Title company Information 310 Center Drive, Riverhead, NY 11901 Co.NameABSTRACTS INCORPORATED www.suffoikcountyny.gov/clerk Title#23-38-0150-11776 8 Suffolk County Recording & Endorsement Page This page forms part of the attached CORRECTION DEED OF DEVELOPMENT RIGHTS by: (SPECIFYTYPE OF INSTRUMENT) CASMO CARUCCI The premises herein is situated in SUFFOLK COUNTY. NEW YORK TO In the TOWN of SOUTHOLD COUNTY OF SUFFOLK In the VILLAGE or HAMLET of BOXES 6 TH RU 8 MUST BE TYPED OR PRINTED IN BLACK I N K ONLY PRIOR TO RECORDING OR FILING. tover) I MPOR TANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,:you Will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101h and on or before May 319t, Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y, 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Vincent Puleo Suffolk County Clerk 12-0104 06Mkd CORRECTION DEED SUFFOLK COUNTY DEED OF DEVELOPMENT RIGHTS 6 TI-C THIS INDENTURE, made the 3 *A- day of t 2025 is given to correct the indenture conveying development r to the COUNTY OF SUFFOLK from CASMO CARUCCI by indenture dated DISTRICT October 7, 2024 and recorded in the Office of the Suffolk Count 1000 Clerk on January 27, 2025 at Liber 13281 Page 579, which deed contained an incorrect Schedule A descriEtion of the affected SECTION real property 108.00 ------ THIS INDENTURE BETWEEN Casmo Carucci,, residing at 11780 BLOCK Country Road 48, Mattituck New York, 11952, party of the first 02.00 part, LOT AND the COUNTY OF SUFFOLK, a municipal corporation of the P/0 State of New York, having its principal office at the Suffolk 005.004 County Center, 310 Center Drive, Riverhead, New York 11901, which will acquire in and to the development rights in the F/K/A premises, party of the second part, DISTRICT 1000 WITNESSETH, that in accordance with Chapter 8 of the --------- Suffolk County Code, as it now exists and as it may be amended SECTION or modified, and pursuant to any related resolutions or local 108.00 laws including Suffolk County Resolution 108-2023 and Suffolk County Bond Resolution 107-2023, and Resolution No.190-2022, BLOCK Procedural Motion No. 27-2022, Resolution No. 938-2023 and 02.00 Farmland Committee No. FC-04-2022 of the Suffolk County --------- Legislature, all on file with the Clerk of the Suffolk County LOTS Legislature that the PARTY OF THE FIRST PART, in consideration P/0 of SEVEN HUNDRED TWENTY SIX THOUSAND FOUR HUNDRED and 00/100 005.002 DOLLARS ($726,400.00)and other good and valuable consideration 005.003 paid by the PARTY OF THE SECOND PART, DO HEREBY GRANT AND RELEASE unto the PARTY OF THE SECOND PART, the successors and assigns of the PARTY OF THE SECOND PART forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by §247 of the New York State General Municipal Law, as amended, and Local Law No. 44-2013 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 44-2013 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 Southold, 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") : BEING AND INTENDED to be the Grantor herein being the same party as the Grantee and the premises same as described in deed dated July 1, 2024, recorded August 14, 2024 in Liber 13259, page 827. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever; A 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 PARTY OF THE FIRST PART, as a covenant running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST PART, and their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production, as same is defined in Chapter 8 of the Suffolk County Code, as it now exists and as it may be amended or modified, and pursuant to any related resolutions or local laws; 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 December 12, 2023 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 anal/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. 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 shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in the subject agreement and/or this deed; (2) the breach or non-performance of any covenants required by the subject agreement and/or this deed to be performed by the PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law, or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights; or (4) the acts or omissions or negligence of the PARTY OF THE FIRST PART. This covenant shall run with the land in perpetuity. 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 to indemnify the PARTY OF THE SECOND PART as to the following four paragraphs: PARTY OF THE FIRST PART warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. PARTY OF THE FIRST PART warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with any liability under any Environmental Law relating to the operations or conditions of the Premises. PARTY OF THE FIRST PART further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials, as such substances and wastes are defined by applicable federal and state law. Moreover,, PARTY OF THE FIRST PART, their heirs, legal representatives, successors, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement hereby promise to hold harmless, defend and indemnify the PARTY OF THE SECOND PART against all litigation, claims, demands, penalties and damages, including reasonable attorney's fees, arising from or connected with the release of any Hazardous Materials on, at, beneath or from the Premises, or arising from or connected with a violation of any Environmental Laws by the PARTY OF THE FIRST PART or any other prior owner of the Premises. PARTY OF THE FIRST PART'S indemnification obligations shall not be affected by any authorizations provided by the PARTY OF THE FIRST PART to the PARTY OF THE SECOND PART with respect to the Premises or any restoration activities carried out by PARTY OF THE SECOND PART at the Premises, provided, however, that the PARTY OF THE SECOND PART shall be responsible for any Hazardous Materials contributed after this date to the Premises by the PARTY OF THE SECOND PART. "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazardous communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. The term "Hazardous Materials" shall not include agrochemicals such as fertilizers, pesticides, herbicides, and fungicides used in connection with sound agricultural management practices of the NRCS. The preceding four paragraphs shall constitute covenants which shall run with the land in perpetuity. THE WORD "PARTY" shall be construed as if it read "PARTIES" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly executed this deed the day and year first above written. Casmo Carucci STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) on this day of .Tl'A t in the year 2025, before me, the underslgned, personally appeared Casmo Carucci 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. Devi .Cuddy Notary Public State of New York- 6A se M NO.OICU6178519 Suffolk County Notary Public: State of Ndjt York COM lion Expires Doc.3, DEED OF DEVELOPMENT RIGHTS DISTRICT 1000 SECTION 108.00 GRANTOR'S ACT BLOCK 02.00 TITLE NO. 23-38-0150-11776 LOT 005.004 p/o F/K/A CASMO CARUCCI DISTRICT 1000 SECTION 108.00 TO BLOCK 02.00 LOTS 005.002 p/o COUNTY OF SUFFOLK 005.003 p/o RECORD & RETURN TO: MARIA KELLY Dept. of Economic Development and Planning Div. of Real Property Acquisition & Management H. Lee Dennison Bldg. , 2nd Floor P.O. Box 6100 Hauppauge, New York 11788 r=3 S3-r F=LA C;—FE3, I M CD Q F:D,F=CD R Ycs,—r E EDT?'-' Reasidaarrdal�Ommi-neirclal FitAs Immuramais isincts'I 59ES4 as agent for Clicago Title Insurance Company SCHEDULE A DESCRIPTION (EXHIBIT A) Title Number:23-38-0150-11776 Page: 3 AMENDED 512812025: Part of Lot 005.002 AND Part of Lot 005.003(NOW P/0 NEW LOT 005.004)—to be conveyed ALL that certain plot piece or parcel of land,situate,lying and being in Mattituck,Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road(CR 43)distant 737.67 feet easterly from the comer formed by the intersection of the easterly side of Farmers Field Road with the southerly side of Middle Road(CR 48); RUNNING THENCE along the southerly side of Middle Road(CR 48)along the arc of a curve bearing to the dghtwfth a radius of 1877.86 feet and a distance of 31.81 feet; Thence the following nine(9)courses and distances: 1.South 21 degrees 20 minutes 31 seconds East 75.00 feet 2.North 61 degrees 23 minutes 30 seconds East 219.86 feet; 3.South 21 degrees 22 minutes 38 seconds East 275.64 feet; 4.North 72 degrees 14 minutes 56 seconds East 70.48 feet 5.South 22 degrees 28 minutes 44 seconds East 34.08 feet 6.North 80 degrees 12 minutes 46 seconds East 348.17 feet 7.North 22 degrees 37 minutes 00 seconds West,300-29 feet; 8.South 80 degrees 03 minutes 56 seconds West 344.19 feet; 9.North 21 degrees 26 minutes 30 seconds West 325.88 feet to the southerly side of Middle Road(CR 48); THENCE along the southerly side of Middle Road(CR 43)and along an arc of a curve bearing to the right with a radius of 1877.86 and a distance of 368-35 feet, THENCE South 21 degrees 40 minutes 00 seconds East 93-69 feet; THENCE South 22 degrees 37 minutes 00 seconds East 791.50 feet to the northerly line of the right of way of the Long Island Railroad Company; THENCE along the northerly line of the right of way of the Long Island Railroad Company,the following(3)three courses and distances: 1. South 61 degrees 00 minutes 43 seconds West 364.58 feet(Actual)(364-85 feet-Deed); ABE377R .C�,7- , rl C;C3> PC3R 7F-E=-= , Rasldarttlal 61 Commearclal-MrCle lnsuz ancQ sincss i JH4 as a ant for C`hieaao Title Insurance Company SCHEDULE A DESCRIPTION (EXHIBIT A) Title Number:23-38-0150-1"1776 Page: 4 2. South 22 degrees 06 minutes 00 seconds East 16.60 feet(Actual) (16.51 feet-Deed); 3. 3.South 61 degrees 23 minutes 30 seconds West 329.26 feet(Actual) (330.09 feet T Deed); THENCE North 20 degrees 47 minutes 00 seconds West 704.57 feet to the southerly side of Middle Road (CR 48),the point or place of BEGINNING e OFFICE Town Hall AnnexDN: � � MAILING ADDRESS: ' ��, P.O. Box 1179 54375 State Route 25 �� �� p, Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) 'w Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 6, 2024 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Authorize Lot Merger— Carucci Located on the south side of CR48, Mattituck SCTM#1000-108.-2-5.2 & 5.3 Zoning District: A-C Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 5, 2024: WHEREAS, this proposal is to merge two parcels, SCTM#s 1000-108.-2-5.2 & 5.3 to facilitate the sale of development rights for farmland preservation to Suffolk County. The resulting parcel will be 12.9+/- acres, in the A-C Zoning District; and WHEREAS, on August 5, 2024, at their work session, the Planning Board reviewed a request to waive the subdivision review process for this merger; and WHEREAS, pursuant to Town Code §240-56 Waivers of Certain Provisions, the Planning Board has found that the subdivision review process is not requisite in the interest of public health, safety and general welfare; and WHEREAS, this action is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this merger; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments"; be it therefore Carucci Lot Merger Page � 2 August 6, 2024 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type 11 Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, hereby waives the subdivision review process for this merger; and be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the merger of the two parcels identified as Suffolk County Tax Map #s 1000-108-2-5.2 and 1000-108- 2-5.3. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. )Lpe c!ully, James H. Rich III Chairman