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F. PURPOSE
<br /> The purpose of this Easement is to preserve the availability of the COVERED LAND for .:ricultural use by preventing uses or
<br /> activities on the land that will impair or interfere with the COVERED LAND's agricultura viability and productive capacity.
<br /> G. DEFINITIONS
<br /> In this EASEMENT AGREEMENT:
<br /> (1) "Accessory use"means any of the following land uses,other than a building,structur:, impervious surface or improvement that is
<br /> consistent with the purpose of the EASEMENT:
<br /> (a) An activity or business operation that is an integral part of,or incidental to,an a: icultural use of the COVERED LAND.
<br /> (b) A business,activity or enterprise,not associated with an agricultural use, if all o i the following apply:
<br /> (i) It is conducted by a person who resides on and owns or farms the COVERED .AND,or by a member of that person's
<br /> immediate family.
<br /> (ii)It requires no new buildings,structures or impervious surfaces.
<br /> (iii)It employs no more than 4 full-time employees annually.
<br /> (iv) It does not impair or limit current or future agricultural uses of the COVERE LAND or other protected farmland.
<br /> (2) "Agricultural area"means that portion of the COVERED LAND that is described as al agricultural area in attached Exhibit A
<br /> and mapped as an agricultural area in attached Exhibit B,regardless of whether the a ea is in agricultural use. If there is any
<br /> discrepancy between the description in Exhibit A and the map in Exhibit B,the description in Exhibit A controls.
<br /> (3) "Agricultural use"means any of the following:
<br /> (a) Any of the following activities conducted for the purpose of producing an incom:or livelihood:
<br /> (i) Crop or forage production.
<br /> (ii) Keeping livestock.
<br /> • (iii)Beekeeping.
<br /> (iv) Nursery,sod,or Christmas tree production.
<br /> (v) Floriculture.
<br /> (vi) Aquaculture.
<br /> (vii) Fur farming.
<br /> (viii) Forest management.
<br /> (ix) Enrolling land in a federal agricultural commodity payment program or a fey eral or state agricultural land conservation
<br /> payment program
<br /> (b) Any other use that DATCP or its successor state agency identifies by rule as an agricultural use.
<br /> (4) "Alteration"means the act of causing the change to or disturbance of a surface.
<br /> (5) "Environmental law"means any and all Federal,state, local or municipal laws,rules, orders,regulations,statutes,ordinances,or
<br /> codes of any governmental authority regulating or imposing standards of liability or s ; dards of conduct(including common
<br /> law)concerning air,water,solid waste,hazardous materials,hazard communication, .dioactive material,resource protection,
<br /> subdivision, inland wetlands and watercourses, health protection, and similar enviro ental health,safety,building,and land use
<br /> as may now or at any time hereafter be in effect.
<br /> (6) "Forester"means a licensed professional forester, a person who has received a bachelu is or higher degree in forestry from a
<br /> school of forestry with a curriculum accredited by the Society of American Foresters, I r other qualified person as determined by
<br /> the HOLDERS.
<br /> (7) "Hazardous materials"means any petroleum,petroleum products,fuel oil,waste oils,explosives,reactive materials, ignitable
<br /> materials,corrosive materials,hazardous chemicals,hazardous wastes,hazardous subs ances,extremely hazardous substances,
<br /> toxic substances,toxic chemicals,radioactive materials, infectious materials and any o her element,compound,mixture,solution
<br /> or substance which may pose a present or potential hazard to human health or the env'ionment.
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