[HISTORY: Adopted by the Town Board of the Town of Southold 3-13-1984
by L.L. No. 2-1984. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Agricultural Lands
Preservation Law of the Town of Southold."
The Town Board of the Town of Southold finds that the acquisition of
development rights in lands located in the Town of Southold and used in bona
fide agricultural production will conserve, protect and encourage the improvement
of prime agricultural lands, both for the production of food and the preservation
of open space, and is in the public interest and a proper public purpose of
the Town in accordance with the findings and determinations of the New York
State Legislature, as set forth in § 247 of the General Municipal
Law.
As used in this chapter, the terms used herein are defined as follows:
Lands used in bona fide agricultural production.
The production for commercial purposes of crops, livestock and livestock
products, but not land or portions thereof used for processing or retail merchandising
of such crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings, livestock
barns, irrigation systems and any other structures used exclusively for agricultural
purposes.
The transfer of any development right from the Town of Southold to
another.
The Southold Town Land Preservation Committee.
[Amended 6-18-1991 by L.L. No. 13-1991]
The permanent legal interest or right to prohibit or restrict the
use of land for any purpose other than agricultural production.
Anything constructed or erected in, on or under the ground or attached
to anything having a location, on or under the ground, including fences.
A.Â
Upon authorization by the Town Board, the Supervisor
shall solicit offers for the sale to the Town of development rights in such
agricultural lands as may be recommended by the Committee.
B.Â
Upon the receipt of such offer or offers, the Town Board
shall cause an appraisal or appraisals to be made of the market value of the
development rights being offered.
C.Â
After receipt of such appraisal or appraisals, the Town
Board shall hold a public hearing on the question of the acceptance of such
offer or offers.
D.Â
Within 60 days after such hearing, the Town Board shall
adopt a resolution either accepting or rejecting such offer or offers.
A.Â
Development rights acquired by the Town pursuant to the
provisions of this chapter shall not thereafter be alienated, except upon
the affirmative vote of a majority of the Town Board after a public hearing
thereon and upon the approval by the electors of the Town voting on a proposition
submitted at a special or biennial Town election. No subsequent amendment
of the provisions of this subsection shall alter the limitations imposed upon
the alienation of development rights acquired by the Town prior to any such
amendment.
B.Â
The instrument of conveyance transferring the development
rights to the Town of Southold shall be executed by the Supervisor on behalf
of the Town of Southold and the grantors and shall contain a covenant specifically
setting forth the limitations on the alienation of the development rights
and the limitations on the use and enjoyment of the estate or interest reserved
by the grantor as the same are set forth as of the date of the contract for
the sale of said development rights.
C.Â
Land Preservation Committee.
[Amended 6-18-1991 by L.L. No. 13-1991]
(1)Â
The Committee shall consist of seven members to be appointed
by and serve at the pleasure of the Town Board. The Chairman of the Committee
shall be designated by the Town Board.
(2)Â
Duties of the Committee.
(a)Â
The Committee shall perform the following duties:
[1]Â
To recommend to the Town Board agricultural lands in
which the development rights should be acquired by the Town.
[2]Â
To review all matters relevant to development rights
and the agricultural economy in general.
[3]Â
To serve as a review board for the granting of permits
for the construction, reconstruction and additions of and to structures in
or on agricultural lands in which the development rights have been acquired
by the Town.
[4]Â
To promulgate such rules and regulations as may be deemed
necessary to govern the administration, procedures and duties of the Committee,
which rules and regulations shall not become effective until approved by the
Town Board.
[5]Â
To prepare, amend and maintain appropriate maps delineating
agricultural lands, lands in which development rights have been acquired,
agricultural lands in which development rights are proposed to be acquired
and such other information as may be deemed appropriate.
[6]Â
To perform such other duties and functions as may, from
time to time, be directed by the Town Board.
(b)Â
The Committee shall be authorized to incur such expenses
in the performance of its duties as shall be appropriated therefor by the
Town Board.
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.
