[HISTORY: Adopted by the Suffolk County Legislature 3-24-1981 by L.L. No.
16-1981 (Ch. 8 of the 1985 Code); amended in its
entirety 11-19-2013 by L.L. No. 44-2013. Subsequent amendments noted where
applicable.]
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 County's
natural and ecological resources, that working farms and a diversity
of agricultural practices are necessary to secure the future of the
business of agriculture and that a minimum threshold of acreage must
be in active agricultural production to sustain the industries that
support agricultural production. The Suffolk County Legislature further
finds that conservation and protection of farmlands associated with
viable agricultural operations that use best management practices
will ensure that such lands are available to serve future generations.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
The person, persons or entity who or which occupies or utilizes
the agricultural land parcel under lease from the current agricultural
landowner.
The person, persons or entity owning the residual right(s)
to an agricultural land parcel.
The production for commercial purposes of agricultural products,
as defined herein.
The crops, livestock and livestock products as defined in
§ 301 of the New York State Agriculture and Markets Law,
as may be amended.
"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.
Clothing and souvenir items that promote the farm or locally
grown produce.
The transfer of any development right in real property from
the County to another.
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.
A solar energy system, wind energy system or other renewable
energy transduction system intended to reduce on-site nonrenewable
energy consumption.
Any building, as defined in § 372 of the New York
State Executive Law, as may be amended, such as barns, farm stands
and greenhouses.
A commercial equine operation as defined in § 301
of the New York State Agriculture and Markets Law, as may be amended.
A commercial horse boarding operation as defined in § 301
of the New York State Agriculture and Markets Law, as may be amended.
The Suffolk County Farmland Committee.
The County of Suffolk.
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.
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.
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.
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.
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.
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.
Those wastes identified or listed in regulations promulgated
pursuant to § 27-0903 of the New York State Environmental
Conservation Law, as may be amended.
All legally recognized interests and rights in real property.
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.
A product grown in the County of Kings, Nassau, Queens or
Suffolk, in the State of New York.
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.
Any individual, partnership, firm, association, trust, company,
joint venture or corporation.
All parcels that constitute the farm operation.
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.
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.
All legally recognized interests and rights in real property,
excluding development rights.
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.
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.
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.
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.
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.
Written permission, issued by the Committee to:
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.
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.
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.
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.
A.
Established.
The Committee is hereby constituted as a continuing agency of the
County government.
B.
Membership.
(1)
The Committee shall consist of 20 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, 10 of whom shall be designated one from
each town within the County and shall serve at the pleasure of the
respective Town Boards, and one member of the Suffolk County Legislature
to be appointed by, and serve at the pleasure of, the Presiding Officer
of the County Legislature.
[Amended 3-6-2018 by L.L.
No. 10-2018]
(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[1] unless a member is required to file a financial disclosure statement pursuant to § 77-10 of the Suffolk County Code. 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 L.L. No. 10-2014; 3-6-2018 by L.L. No. 10-2018]
[1]
Editor’s Note: Exhibit A is included as an attachment to this chapter.
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 10 town designees shall be certified to the Clerk of the Suffolk County Legislature by the Town Clerk of the respective towns. Each member shall be subject to the criteria 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 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 deliberations 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(1) of this chapter, shall not be subject to the eligibility requirements specified herein.
(2)
A Committee member shall be a resident of the County or an employee
of a municipality in the County at the time of his/her appointment
and throughout the duration of his/her term as a member of the Committee.
(3)
The 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
illness 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 90 days of notice from the
County Executive, the County Executive shall fill the vacancy for
the remainder of the term or four years if the term has expired. The
County Executive appointee must reside in the Town where the vacancy
exists.
F.
Terms.
(1)
An existing Committee member, as of January 1, 2010, shall continue
to serve until such time as the individual voluntarily vacates the
position or until such time as the appropriate appointing body approves
a resolution replacing the individual.
(2)
Each successive appointment shall be for a term of four years, and no member shall serve more than three terms, for a maximum of 12 consecutive years of service, except each member appointed as per § 8-4D(1) of this chapter, whose term will run concurrent to service in the title specified.
(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 be acquired;
(2)
To review requests to subdivide the residual right(s) of agricultural
lands and to make, thereafter, a recommendation to the Suffolk County
Legislature whether such requests be granted;
(3)
To review permit applications in accordance with the criteria set
forth in this chapter and the rules and regulations promulgated thereunder
and to make, thereafter, a decision whether 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 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 permitting review and determination for this practice shall be
delegated to staff for two years. 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
(10)
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.
A.
Application
review process. The review process for the purchase of development
rights (PDR) of agricultural lands is initiated upon receipt of a
complete application that shall be submitted to the Division at least
two weeks before a meeting of the Suffolk County Farmland Committee,
at which time the application will be eligible for consideration.
Upon consideration and approval of the proposed PDR of agricultural
land(s) by the Suffolk County Farmland Committee, Division staff is
directed to seek a legislative resolution within five (5) business
days of the Suffolk County Farmland Committee meeting to initiate
the appraisal steps process.
[Amended 6-21-2016 by L.L. No. 18-2016]
(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/appraisal steps under the Purchase of Development Rights
Program has expired; or those parcels that were denied by the Committee
and/or the Suffolk County Legislature for inclusion in the Purchase
of Development Rights Program but for which a substantive change in
the preservation proposal has occurred, as determined by the Committee.
(b)
Each landowner of a new parcel interested in participating in the
Purchase of Development Rights Program shall submit an application
to the Division at least two weeks before a meeting of the Suffolk
County Farmland Committee in order to be considered for inclusion
in the Program at that meeting.
(c)
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 review process in the
same manner as a new parcel outlined in this section. After five years
of rejecting the County's offer or expiration of the County's
offer, the landowner can resubmit an application free of charge. In
the case of a landowner death, the surviving tenant by the entirety
or devisee can resubmit a parcel application within the five- year
window without bearing the expenses incurred by the County.
(2)
Comprehensive Master List of Agricultural Lands.
(a)
The staff of the Division may prepare a Comprehensive Master List
of Agricultural Lands for consideration by the Suffolk County Farmland
Committee. 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)
Upon approval by the Suffolk County Farmland Committee, the Comprehensive
Master List of Agricultural Lands shall be recommended to the Suffolk
County Executive and Suffolk County Legislature for adoption by legislative
resolution.
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 $10,000, or the subject land shall be less than seven acres
and the associated farm operation shall have an average annual gross
sales value of at least $50,000.
(b)
Commercial horse boarding operation.
[1]
All development rights to the subject land shall be intact.
[2]
The subject land shall be actively used in support of a commercial
horse boarding operation.
[3]
The subject land shall be at least seven acres and the associated
farm operation shall have an average annual gross sales value of at
least $10,000.
(c)
Commercial equine operation.
[1]
All development rights to the subject land shall be intact.
[2]
The subject land shall be actively used in support of a commercial
equine operation.
[3]
The subject land shall be at least seven acres and the associated
farm operation shall have an average annual gross sales value of at
least $10,000.
(3)
The Committee shall demonstrate a preference for farm operations
that promote agricultural production while protecting groundwater,
soils and 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 funds. Such
restrictions and conditions shall be reviewed by the Suffolk County
Attorney. Acceptance of such funds and the terms and conditions for
acceptance shall be subject to legislative approval.
D.
Title.
Where the County acquires the development right(s) through the Purchase
of Development Rights Program, which conditions said acquisition upon
the financial participation of a governmental entity or other private
source, the title may be held by:
(1)
The County;
(2)
The County, governmental entity(ies) and/or not-for-profit conservation
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
County policy, the County is hereby authorized to negotiate and to
enter into management agreements with governmental entities and not-for-profit
conservation organizations for the management of said County acquisition(s),
and the terms and conditions thereof shall be approved by the Suffolk
County Attorney in consultation with the Suffolk County Division of
Planning and Environment Director.
A.
Unless
authorized by local law recommended by the Committee and approved
upon mandatory referendum, development rights acquired by the County
to agricultural lands shall not be alienated in any manner, except
where provided herein.
B.
In
determining whether to recommend the alienation of development rights,
the Committee shall take into consideration:
(1)
The continuing practicality of the use of the residual right(s) to
the land(s);
(2)
The development rights which have been acquired by the County;
(3)
Such factors as the uses to which adjacent lands have been put; and
(4)
The necessity for the use of the land(s) for another governmental
purpose.
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
30 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 purchaser in
writing 45 days prior to the closing of a sale of the residual right(s)
to land(s) for which the County has purchased, in whole or in part,
the development right(s).
A.
Permit
types.
(1)
Agricultural development permit. An agricultural development permit
shall be necessary for the following actions, where proposed on agricultural
land:
(a)
To erect a structure, including 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
(j)
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.
(b)
Special events.
[1]
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.
[5]
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.
(2)
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.
(5)
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 which 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:
(d)
The physical address of the subject parcel;
(e)
The Suffolk County Real Property Tax Map Number (i.e., district,
section, block and lot) of the subject parcel;
(f)
A site plan delineating the location of the proposed development
and/or the proposed event, which the Committee may require be prepared
by a licensed surveyor or other professional;
(g)
A nonrefundable application fee, where required; and
(h)
Any other information requested by the Division and/or Committee
that may be necessary to review the proposal.
(2)
Applications for permits or permit modifications may be referred
to another agency such as the Suffolk County Soil 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 permit, including applicable conditions, with the Suffolk County Clerk if such recording is required by the Committee. Failure to comply with this requirement shall be subject to the provisions of § 8-15 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;
(5)
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 shall 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;
(10)
The proposed action shall not result in a significant negative impact
to any adjacent property that is not consistent with standard agricultural
practices;
(11)
The proposed action shall be approved in such a manner that minimizes,
to the extent possible, all other negative impacts; and
(12)
The 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 $100 shall
be submitted with each application for a permit.
(2)
The application fee shall be waived if the application is exclusively
for:
(a)
Permission to remove or demolish an existing structure, in whole
or in part.
(3)
Public hearing fee. A fee in the amount of $500 shall be submitted
with each application for which a public hearing is required. The
fee shall be refundable if, the application is withdrawn and the public
hearing has not been advertised. If the public hearing has been advertised
but the application is withdrawn prior to the public hearing, the
applicant shall be entitled to a refund of 1/2 of the public hearing
fee.
(4)
Failure to submit the required fee(s) shall deem the application
incomplete.
A.
General
conditions. Permits shall contain such reasonable conditions as the
Committee deems necessary to protect the agricultural land.
B.
Covenants and restrictions. Where it deems appropriate and necessary, the Committee may condition the issuance of an agricultural development permit and/or special use permit upon the agricultural landowner'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 60 days from the date of the Committee's approval. Failure to file said restrictive covenant in accordance with the above shall render the approval null and void and may be subject to the provisions of § 8-15 of this chapter.
C.
Continuing
obligations. The agricultural landowner and/or agricultural land lessee
shall have a continuing obligation to maintain all improvements authorized
by and to abide by all conditions imposed by a permit, including compliance
with all provisions of this chapter.
D.
Noncompliance. The failure to comply with any and all conditions of an agricultural development permit and/or special use permit shall be deemed a violation of this chapter, subject to the penalties provided in § 8-15 of this chapter. In addition, the County reserves the right to rescind or revoke, in whole or in part, such permit.
E.
Modifications of permits and restrictive covenants. All requests for modifications of conditions of permits or restrictive covenants must be made through the Committee in accordance with § 8-8D.
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.
A.
Maximum lot coverage. The lot coverage of agricultural lands shall
not exceed the following:
|
Parcel Area
(acres)
|
Maximum Lot Coverage
| |
|---|---|---|
|
0 to 25
|
15%
| |
|
25 to 50
|
12.5%
| |
|
More than 50
|
10%
|
B.
Further limitations. The maximum lot coverage set forth in Subsection A does not create a right to construct buildings, display areas 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 disapprove the application. If the Committee makes a determination
that a hardship exists, the Committee shall approve, in whole or in
part, or disapprove the application. The Committee shall refer all
approvals to the EPA for consideration and ratification. The EPA shall
have the authority to ratify, ratify with conditions, or reject the
application. Upon ratification by the EPA, the Committee shall issue
an agricultural development permit specifying any and all necessary
conditions. Failure of the EPA to ratify the Committee's approval
shall deem it null and void.
(2)
Public hearing notice requirements. Written notice of the public
hearing shall be provided to all property owners within 500 feet of
the subject parcel, to the municipality in which the property is located
and to the Suffolk County Legislature. Notice shall be sent or delivered
at least 10 days prior to the public hearing. In addition, notice
of the hearing shall also be published in the official newspaper(s)
of the County at least 10 days prior to the public hearing.
(3)
Criteria for relief. In making its determination, the Committee shall
take into consideration the benefit to the applicant if the agricultural
development permit is approved, as weighed against the detriment to
the health, safety and welfare of the neighborhood or community by
such approval. In making such determination, the Committee shall also
consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by approving the agricultural development permit;
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than the
agricultural development permit as proposed;
(c)
Whether the requested relief is substantial and the extent to
which the maximum lot coverage would be exceeded;
(d)
Whether the proposed relief will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district; and
(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 same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(5)
Imposition of conditions. The Committee shall, in approving the relief
and the agricultural development permit, have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed use of the premises. Such conditions
shall 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 on the neighborhood or community.
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. "U-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 § 8-11B(1). 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.
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 1,000 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 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 § 8-10 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 facility 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 agricultural 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 10% of the total square
footage of products 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 shall not exceed 1,500 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 permitted 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.
(i)
The farm stand 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 1,000 square feet and 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.
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 agricultural
lands shall be subject to the agricultural development permit requirements
specified in this chapter. The Committee may issue an agricultural
development permit for an alternative energy system subject to the
following conditions:
(1)
The rated capacity of the alternative energy system shall not exceed
110% of the farm operation's average annual consumption, where
annual consumption is the total amount of energy used per annum for
those agricultural activities permitted on agricultural lands.
(2)
Electricity generated by the alternative energy system shall not
be consumed by any residential or other nonagricultural land use nor
shall it be consumed by any activity 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(1) of this section. In the event that the farm operation changes and the average annual electricity consumption is reduced, the agricultural landowner shall be required to disconnect from the utility provider's grid unless the alternative energy system is modified such that the new rated capacity of the alternative energy system is consistent with the standard set forth in Subsection B(1) of this section.
D.
Conditions. The Committee may impose such additional conditions it
deems necessary to carry out the purposes of this chapter.
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 1, 2014, no
owner shall leave agricultural land uncultivated and not engage in
agricultural production or a commercial horse boarding operation and/or
a commercial equine 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, 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 facility 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.
O.
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
soil 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.
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 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 County's 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 a 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.
(2)
Where a violation has resulted in damage to the agricultural resource
on agricultural land, the court may order restoration of the agricultural
land to the greatest extent possible, regardless of cost.
E.
Removal.
(1)
The court may compel the agricultural landowner and/or the agricultural
land lessee to remove any and all unauthorized structures on agricultural
land.
(2)
Where a violation has resulted in the erection, installation, location,
relocation, modification or demolition of a structure or the operation
of an alternative energy system, farm stand and/or 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 County's interest in the development right(s)
and/or the underlying value of the land, the court may award damages
to the County equal to the development right(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)
A violation of § 8-14 shall be punishable by a civil penalty of up to $5,000 per day, 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 $10,000 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 promulgated thereunder shall neither
constitute a waiver nor constitute an agreement to allow the prohibited
activity nor constitute permission to engage in the activity without
first obtaining applicable permits.
K.
Other remedies. The County reserves the right to pursue any and all
legal and equitable remedies herein mentioned or otherwise available
at law, including administrative, civil and criminal actions to enforce
the provisions of this chapter and to satisfy the intent and spirit
of the Purchase of Development Rights Program.
L.
Cost no defense. Cost shall not be a defense to the imposition of
remedies.
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.
