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F. PURPOSE
<br /> The purpose of this Easement is to preserve the availability of the COVERED LAND for agri. ltural use by preventing uses or
<br /> activities on the land that will impair or interfere with the COVERED LAND's agricultural .ility 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,structure,im,ervious 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 agricu al use of the COVERED LAND.
<br /> (b) A business,activity or enterprise,not associated with an agricultural use,Wall of the ollowing apply:
<br /> (i) It is conducted by a person who resides on and owns or farms the COVERED LAN ,or by a member of that person's
<br /> immediate family.
<br /> (u')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 COVERED LAND or other protected farmland.
<br /> (2) "Agricultural area"means that portion of the COVERED LAND that is described as an a: cultural area in attached Exhibit A
<br /> and mapped as an agricultural area in attached Exhibit B,regardless of whether the area' 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 income or li
<br /> Mood:
<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 /> (lx) Enrolling land in a federal agricultural commodity payment program or a federal 1 r state agricultural land conservation
<br /> payment program
<br /> (b) Any other use that DATCP or its successor state agency identifies by rule as an agricul 'al 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,orde regulations,statutes,ordinances,or
<br /> codes of any governmental authority regulating or imposing standards of liability or standar.s of conduct(including common
<br /> law)concerning air,water,solid waste,hazardous materials,hazard communication,radioactive material,resource protection,
<br /> subdivision,inland wetlands and watercourses,health protection,and similar environmental 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 bachelor's or higher degree in forestry from a
<br /> school of forestry with a curriculum accredited by the Society of American Foresters,or other qualified person as determined by
<br /> the HOLDERS.
<br /> (7) "Hazardous materials"means any petroleum,petroleum products,fuel oil,waste oils,explo ives,reactive materials,ignitable
<br /> materials,corrosive materials,hazardous chemicals,hazardous wastes,hazardous substances,extremely hazardous substances,
<br /> toxic substances,toxic chemicals,radioactive materials,infectious materials and any other el meat,compound,mixture,solution
<br /> or substance which may pose a present or potential hazard to human health or the environme t.
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