As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL DEVELOPMENT PERMIT
Written permission, issued by the Committee, to erect, install,
locate, relocate, modify, rebuild, remove or demolish a proposed or
existing structure, to operate an alternative energy system and/or
to operate a farm stand or processing facility on agricultural land.
Only improvements necessary for 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
Land to which the County has purchased the development right(s),
in whole in or in part, in order to preserve resources necessary for
agricultural production. Land acquired in order to preserve nonagricultural
open spaces or open areas shall not be considered agricultural land.
AGRICULTURAL LAND LESSEE
The person, persons or entity who or which occupies or utilizes
the agricultural land parcel under lease from the current agricultural
landowner.
AGRICULTURAL LANDOWNER
The person, persons or entity owning the residual right(s)
to an agricultural land parcel.
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
"U-Pick" 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 public's understanding, awareness and enjoyment
of farming and farm life.
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.
BUILDING
Any building, as defined in § 372 of the New York
State Executive Law, as may be amended, such as barns, farm stands
and greenhouses.
COMMERCIAL EQUINE OPERATION
A commercial equine operation as defined in § 301
of the New York State Agriculture and Markets Law, as may be amended.
COMMITTEE
The Suffolk County Farmland Committee.
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 value.
HAZARDOUS WASTE
Those wastes identified or listed in regulations promulgated
pursuant to § 27-0903 of the New York State Environmental
Conservation Law, as may be amended.
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 farm 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 right(s), in whole or in part, to properties
used for agricultural production, as established and outlined by this
chapter.
RESIDUAL RIGHT
All legally recognized interests and rights in real property,
excluding development rights.
SITE DISTURBANCE
Any physical alteration of agricultural land, including,
but not limited to, dredging, excavation, filling, grading and/or
soil removal. Standard agricultural practices, including, but not
limited to, crop harvesting and tilling, shall not be considered site
disturbances. Only site disturbances necessary for agricultural production,
for the operation of 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 technology and/or to heat
water using solar thermal collection technology. Such transduction
systems are intended to reduce on-site nonrenewable energy consumption.
SOLID WASTE
Any unwanted and/or discarded material from agricultural,
commercial, industrial, institutional, mining and/or residential sources,
including, but not limited to, durable goods, nondurable goods, yard
trimmings, stones, rubble, construction and demolition debris, garbage,
rubbish, litter, ash or other substance described as solid waste in
Title 6 of the New York Codes, Rules and Regulations, Part 360, as
may be amended. Materials used as livestock bedding or as fertilizer
supplements and/or soil conditioners or used in other manners pursuant
to standard agricultural practices shall not be deemed solid waste.
SPECIAL EVENT
Any occasion, wedding, catered event on activity conducted
on 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 disturbance; and/or
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 90 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
system necessary for the supply of electricity, natural gas and/or
water, for the mitigation of stormwater runoff, for the removal of
sanitary sewage effluent and/or for communication purposes. Only utilities
necessary for the farm operation, 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 energy using a wind turbine,
a tower and associated equipment. Such transduction systems are intended
to reduce on-site nonrenewable energy consumption.
This chapter shall be applicable to all agricultural lands to
which the County has acquired interests or rights, in whole or in
part, under the Purchase of Development Rights Program. This chapter
shall not apply to nonagricultural lands acquired as open spaces or
open areas for the purpose of preserving active parkland, passive
parkland, woodlands and/or wetlands and shall not apply to farmlands
to which the County does not own any interest or right.
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 all cases, such recreational uses cannot damage
the environmental sustainability of the property and must be subordinate
to and consistent with the agricultural use of the property.
Notwithstanding the provisions of any special law, charter law,
local law or resolution which may be inconsistent herewith, in whole
or in part, this chapter shall in all respects control in the matter
of the acquisition or alienation of development rights in agricultural
lands.
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.