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HomeMy WebLinkAbout10_Land Preservation Final 5-16 2019 RedLine Southold Town Comprehensive Plan Update This document was prepared for the New York State Department of State with funds provided under Title 11 of the Environmental Protection Fund. Land Preservation Draft Final October 23, 2012 Updated April May 2516, 2019 Land Preservation 1 This chapter discusses land preservation as it pertains to Southold Town’s vision for its future. Southold’s residents have historically been in favor of land preservation to maintain the Town’s farmlands and open spaces. The goals and objectives to achieve adequate preservation of the Town’s land resources are presented. Background Southold’s character is created formed in large part by its open spaces, including its farmland, natural lands, and parks. Protecting these assets has long been a goal of the Town. Since 1983, the Town has actively funded land preservation projects through bonds and the funds generated through the Peconic Bay Community Preservation Fund Act (CPF) (see Appendix 7 B for more details on the CPF). From 1983 tohrough 2018, Southold Town has protected a total of 3,351 acres through purchases of land and development rights. While pPurchases of land and farmland development rights continue to be an important part of land preservation; however, , the Town recognizes that additional methods of preserving land are necessary to maintain Southold’s quality of life and agricultural base. These include subdivision regulations that require clustering to create open space, as well as incentive-based, voluntary programs to reduce density. In 2006 the Town Board enacted new subdivision regulations, codifying the conservation subdivision (incentive-based and voluntary), as well as a mandatory clustering requirement for standard subdivisions. Conservation subdivisions are voluntary and preserve a minimum of 75% percent of the land, along with up to a 75% percent density reduction for which the landowner is compensated. Standard subdivisions require that 60% percent of the land is be preserved as open space for parcels 7 seven acres or more. So far, about 820 acres have been preserved as open space as a resultdue to of the clustering requirement fored subdivisions. The Town also offers variations on the conservation subdivision concept. These variations that both preserve land, as well as and provide benefits to the landowner nowin the present, while deferring any actual subdivision until later. These Such options include the Open Development Area (ODA) plans and the Agricultural Planned Development District (Ag PDD) programs. Other entities in addition to the Town that have preserved land in Southold, includeing the park districts, Suffolk County, New York State, federal agencies (National Oceanic and Atmospheric Administration (NOAA), United States Fish & Wildlife Service) and non-profit organizations including such as the Peconic Land Trust and The Nature Conservancy. Table 10-1, Protected Lands in Southold Town, includes a summary of all land preservation preserved to date by the entity preserving it. Land Preservation Southold Town Comprehensive Plan Update 2 Table 10-1. Protected lLands in Southold Town Nearly 27% percent of the total land area of Southold Town is protected from development, and a nearly equal amount—, also approximately 27% percent—, of its total land area that is available for development, as shown in Table 10-2. More than half of the land available for development is currently farmland. A more detailed discussion of land use can be found in the Chapter 3, “Land Use & Zoning.”chapter of this plan. Owner & Type of Protected Land Total New York State Open Space1 477 New York State Parkland2 384 Park District 167 Private Farmland Development Rights3 207 Private Open Space3,4 924 Southold Town Farmland Development Rights 2,633 Subdivision Open Space 828 Suffolk County Farmland Development Rights 1,751 Suffolk County Open Space 525 Suffolk County Parkland 134 Town Open Space 633 Town Parkland 71 Town/County Partnership Open Space 218 Total 8,952 1. Open Space represents lands purchased outright for preservation and where typically only passive recreation takes place (e.g., hiking, nature observation). 2. Parkland represents parks where active recreations takes place (typically ball fields, tennis courts, etc.). 3. Private represents non-profits and other non-government groups that have protected land. 4. Development Rights represent land where the rights to develop were purchased (e.g., farmland where the landowner retains the right to farm it, but sells the rights to build houses.) Land Preservation Southold Town Comprehensive Plan Update 3 Table 10-2. Protected Lands and Land Available for Development* Since April 2004, the Town has tracked its rate of land preservation versus land development since April, 2004. This effort was conducted primarily on the mainland where the bulk of the subdividable land is located. ThisThe land is, located in the R-40, R-80 and AC zoning districts. The, had an overall rate of land preservation rate of 93 percent from 2004 to 2018 was 93%.. The following are the goals and objectives relating to land preservation in Southold. Goals 1. Farmland Continue to promote farming with an overall goal of retaining at least 8,000 acres (80% percent of the current agricultural acreage) in agriculture. Protecting farmland from conversion to residential development is crucial to Southold’s future, both for its economy, and its community character. Funding to purchase additional development rights is expected to be available for many years due to (1) the extension of the Community Preservation FundPeconic Bay CPF to 2050,; (2) strong property values; and (3) a robust number of property transfers. While a In addition to the purchase of development rights can help protect farmland, agriculture is best protected by ensuring that farming remains a viable business. This will help protect land where development rights remain intact. The total amount of land in agriculture in 2018 equaled approximately 10,000 acres, or 30% percent of Southold’s total land area. About 48% percent of the 10,000 acres of farmland is protected in some way (see the Agriculture chapter in this document for more details), leavingwhich leaves about 5,200 acres of farmland available for residential development (technically some portion of this land would be protected by the 60% percent open space requirement for subdivisions of 7+ acre Acres Land protected from development (except agricultural development is allowed on development-rights sold land) 8,952 Land available for development Parcels ≥7 acres in residential zoning districts must preserve at least 60% of the area as open space when subdividing into additional lots. Note that this amount is an estimate, based on the best available data, and is subject to constant change. 8,357 *t The remainder of the land in the Town is either developed or considered unavailable for development for various reasons. Land Preservation Southold Town Comprehensive Plan Update 4 parcels). In other words, of the 8,800 +/- acres of land available for development in Southold Town, over 5,200 of those acres, or about 60%, percent, is farmland. Ideally, all of this land continueswould continue to be available for agriculture,; however, in the case that some conversion of agricultural land does occur, the Town’s goal is to ensure that at least 80% percent of current farmland remains in agriculture. Goal 1.1 Ensure Southold Town Code & policies encourage and advance the business of agriculture (seeSee Goal 1.1 of the Agriculture Chapter in this document for detailed objectives to encourage & advance the industry of agriculture). Goal 1.2 Continue to purchase farmland development rights to preserve farmland. DevelopmentLandowners have the option to sell development rights to government entities via several funding mechanisms, including the 2 percent transfer tax known as the Peconic Bay Region CPF (see Appendix 7 for more detail on the CPF). The sale of development rights represent land where the owner retains the right to farm the land, but has sold the rights to build houses (and therefore extinguished those rights) to some other entity such as the Town or County.extinguishes the right to build houses, while retaining the right to use the land for farming. A total of 4,760 acres farmland have been protected from residential development in Southold Town, withand over half of that those acres havinghas been protected via by the Town’s program to purchase development rights. Southold The Town has beenan active in the purchase of development rights program and has protected over 2,600 acres of farmland in this way. Funding for these purchases comes from the 2% transfer tax known as the Peconic Bay Region Community Preservation Fund (CPF) (see Appendix B for more details on the CPF), as well as from Town bonds, and other levels of government (both as direct purchasers or providers of grant funding). Objectives 1) Prioritize farmland preservation efforts to create large, contiguous blocks of farmland where possible. 2) Regularly update the Peconic Bay Community Preservation ProjectCPF Plan. This plan, was created as a result of the Peconic Bay Region Community Preservation Fund Act, and contains the list of parcels eligible to be purchased using the funds generated by this program (see Appendix B 7for more details on the CPF). 3) Continue to seek partnerships with Suffolk County and New York State to protect farmland. 4) Continue to seek grants to increase the amount of land the Town can protect. 5) Contact appropriate state- elected officials to promote the extension of the CPFommunity Preservation Fund (2% transfer tax used to fund land preservation efforts on the east end), which will sunset in 20302050. Land Preservation Southold Town Comprehensive Plan Update 5 6) Identify other financing opportunities and mechanisms to protect land including issuing additional local bonds, creating additional partnerships, and finding other financing tools, including bargain sales and estate planning. 7) Keep preserved agricultural land in active agriculture through incentives and easement requirements. 8) Ensure that information about options for landowners regarding land preservation for agriculture is readily available on the Town’s website, as well as in the Planning and Land Preservation Departments. Responsible Parties: Land Preservation Committee, Land Preservation Coordinator Possible Partnerships: Agricultural Advisory Committee, Peconic Land Trust; Suffolk County, New York State, Federal funding sources Goal 1.3 Subdivisions of farmland Promote conservation subdivisions and& design all subdivisions of farmland to enhance agriculture. Where land is being subdivided, continue to encourage conservation subdivisions where possible. Where standard subdivisions do occur on farmland, ensure that the clustering provision of the subdivision code is implemented to best preserve the future of farming on the parcel. Objectives 1) Promote the benefits of conservation subdivisions, Open Development Area Plans (ODA), and Agricultural Planned Development Districts (Ag PDD) to landowners and continue to expedite the processing of conservation subdivision applications in the Planning Department. 2) Design both standard and conservation subdivisions involving farmland to enhance farming and minimize potential incompatibility with residential neighbors by incorporating the following into the design: a. Design the location of the lots so that the remaining farmland is of a shape and size that is conducive to farming (e.g., tractors can maneuver, access to sunlight is maximized, and the # number of adjacent residential lots are is minimized). b. Design the location of the open space/farmland so it is contiguous with other farmland. c. Avoid locating lots adjacent to active farmland to the extent possible. d. Where lots are adjacent to farmland, provide vegetated evergreen buffers on the residential lots. Land Preservation Southold Town Comprehensive Plan Update 6 e. Design agricultural open space to maintain the viable agricultural lot. Issues to be considered include the location of the irrigation well, farm utility buildings, and existing or future homestead location, among others. 3) Encourage a continuation of farming on agricultural land that is preserved in a subdivision. 4) Monitor and enforce required buffers adjacent to farmland and open space. Responsible Parties: Planning Board, Planning staff, Land Preservation Committee, Land Preservation Coordinator, Possible Partnerships: Suffolk County, New York State, Federal grant programs Land Preservation Southold Town Comprehensive Plan Update 7 2. Open Space Continue to preserve lands with high quality natural resources, including wetlands, watersheds, shorelines, significant trees and woodland, and wildlife habitat;, as well as those lands with recognized scenic values,; and smaller parcels that could provide for village greens or neighborhood pocket parks. Protected land other than farmland is often referred to as open space. Open space lands are typically purchased outright (as opposed to farms where only the development rights are purchased, and the landowner retains ownership of the land itself.) With approximately 3,100 acres of non-farmland remaining available for development, there remain opportunities to preserve other types of land to achieve important goals such asincluding the preservation of natural resources, scenic resources, and to providecreation of pocket parks or hamlet greens. Goal 2.1 Continue to purchase open space parcels. Purchasing land for preservation remains one of the surest ways to protect the land. The Town continues to have a steady stream of income for land preservation from the Peconic Bay CPF program. In addition, the Town continues to receive grant funds and participate in partnerships with other entities to purchase open space. Objectives: 1) Prioritize the existing open space parcels for open space remaining, in a public process, and using the following parameters as a guide: a. Parcel will help to create a contiguous block of open space to improve the habitat values of natural lands b. Parcel contains environmentally -sensitive areas, c. Parcel will help protect surface and/or groundwater quality d. Parcel provides meaningful access to the water in areas that lack public boat ramps and beaches. e. Parcel provides a trail extension or connection and enhances the Town’s trail system. f. Parcel contains scenic values (see the Community Character chapter in this document for recommendations on a scenic inventory). g. Parcel is in the 100-year floodplain h. Parcel provides value as a village green in or near a hamlet centerIdentify possible village greens and parks in hamlets. i. Other criteria 2) Consider a separate prioritization system for parcels on Fishers Island. Land Preservation Southold Town Comprehensive Plan Update 8 3) Identify other financing opportunities and mechanisms to protect land including additional local bonds, partnerships, and other financing tools, including bargain sales and estate planning. 4) Ensure that information about options for landowners regarding land preservation is readily available on the Town’s website, as well as in the Planning and Land Preservation Departments. Responsible Parties: Land Preservation Committee, Land Preservation Coordinator Possible Partnerships: Henry L. Ferguson Museum Land Trust (Fishers Island) Goal 2.2 Subdivisions of non-farmland. Promote conservation subdivisions & design all subdivisions of non-farmland to enhance natural and scenic resources. When subdivisions occur, they must be designed so that natural and scenic resources are taken into account and protected to the extent possible. This can be accomplished through clustering the lots to avoid development in environmentally sensitive areas and scenic viewsheds. Objectives: 1) Encourage conservation subdivisions on lands with high quality natural and/or scenic resources. 2) Design clustered subdivisions of non-farmland to be compatible with adjacent open spaces and other protected lands by placing making the open space from the subdivision contiguous with the existing open space. 3) Promote trails and links to existing trails when designing clustered subdivisions. 4) Aggregate open space as much as possible to create larger blocks. 5) Limit the number of lots that border the open space to the extent feasible to limit future encroachment issues. 6) Consider increasing the mandatory open space percentage for subdivision on lands located over particularly sensitive aquifers (e.g., in sole source aquifers where private wells are the main source of drinking water). Responsible Parties: Planning Board, Planning Department Possible Partnerships: Land Preservation Committee, Land Preservation Coordinator, Peconic Land Trust, The Nature Conservancy; Suffolk County Goal 2.3 Protect the environmentally sensitive and historically significant areas of Plum Island. Land Preservation Southold Town Comprehensive Plan Update 9 Plum Island, an 840-acre island located less than a mile off Orient Point, has been under the control of the federal government since before zoning was enacted in Southold. The federal government continues to operate the animal disease research lab on the island; however, there is legislation from Congress directing the U.S. General Services Administration to sell the island so that funding can be obtained to build a new lab elsewhere. Without zoning, the island is vulnerable to inappropriate development should it become privately owned. Zoning Plum Island is necessary to ensure that the natural and economic resources are protected, along with the public’s health, safety, and welfare. Much of the island, though heavily used in the past by the military, has reverted back to its natural state, and now contains significant wildlife habitat, including endangered and threatened plant and animal species. The Town must consider how it will protect the environmentally sensitive areas of the island, while also retaining the economic benefits in the form of jobs that the research lab provides. Objectives: 1) Apply a zoning district to the island that addresses its unique circumstances, including the natural resource and scenic values, as well as the potential to provide jobs in the future. 2) Explore the feasibility of working with other government agencies to protect the environmentally sensitive areas on Plum Island. Responsible Parties: Planning Department Possible Partnerships: U.S. Fish & Wildlife Service, The Nature Conservancy 3. Active Recreation. The Town of Southold Town offers numerous recreational opportunities on its land and waters, and has acquired and managed many acres of recreational lands through its diverse programs. Further opportunities have been established by the four Ppark districts, those of: Mattituck, Cutchogue-New Suffolk, Southold, and Orient-East Marion. Goal 3 Continue to preserve lands for active recreation where needed There are dDetailed objectives relating to active recreation and possible additional land preservation for that purpose can be found in the Parks and & Recreation chapter of this document. Responsible Parties: Parks & Recreation Committee, Recreation Department Possible Partnerships: Land Preservation Committee, Land Preservation Coordinator Land Preservation Southold Town Comprehensive Plan Update 10 4. Land Stewardship. Land Sstewardship is an important aspect of the land preservation program and involves managing the Town-owned land the Town owns, as well as monitoring the Town’s easements it holds overon lands where development rights were purchased or where preservation was a condition of a subdivision approval. The purpose for managing and monitoring land preserved with Ttown funds is to ensure that the use of those lands, if any, meets the purpose(s) for which they were preserved. Goal 4.1 Ensure compliance with town-held conservation, open space and development rights easements. The Town holds easements over farmland and other types of land, meaning the Town has extinguished the development rights by purchasing them or requiring they be extinguished via the cluster subdivision process. To ensure the easement is being honored over time, the land must be monitored regularly. The Town Land Preservation Department monitors the easements over land where development rights have been purchased, including over 100 parcels representing over 2000 acres of land. The Town holds additional easements over open space in subdivisions that representing over 700 acres, and which are in need of being included in a formal monitoring program. Objectives 1) Expand the easement monitoring program to include the lands protected through the subdivision process. 2) During the monitoring of each easement, record the use of the property and add that data to the GIS database. 3) Standardize annual or biannual monitoring of easements. 4) Standardize easement language to the extent possible (both for purchase of development rights and subdivision open space) to facilitate future compliance and monitoring. 5) Provide educational materials to new owners of land over which the town holds an easement to alert the landowner to the terms of the easement and reduce the potential for inadvertent easement violations. 6) Create pamphlets containing information on easements to send to new landowners. 7) Create online resources on Town website. 8) Formalize the procedure for the notification to new landowners with Ttown-held easements and request acknowledgement of receipt of notification. 9) Provide educational materials to landowners adjacent to protected lands to reduce the potential for encroachments (both online and in paper format). Responsible Parties: Land Preservation Coordinator, Town Planning Director Possible Partnerships: Landowners, Homeowners Associations Land Preservation Southold Town Comprehensive Plan Update 11 Goal 4.2 Continue to manage town-owned open space/nature preserves through a land stewardship program. The Town manages the open space/nature preserves it owns through routine maintenance and management plans. There are over 50 preserved parcels, representing over 700 800 acres of land to be managed, and there are 11. As of October, 2012, there are nine Town preserves managed for public use as of April 2019. The management plans outline the uses for each preserve, the trail system (if any), and other appropriate uses, as well as steps the Town should take to responsibly manage the property for the purpose it was preserved, including creating and maintaining parking areas, wildlife habitat management, and trail maintenance. Objectives 1) Maintain current trails and public access points to Ttown nature preserves. 2) Plan to open additional preserves to the public as time and resources allow. 3) Balance public access with protecting the ecological integrity of each Ttown preserve. 4) Create policies and/or guidelines for routine maintenance of town open space/nature preserves. 5) Continue to write, adopt, and implement management plans for all preserves. 6) Plan a trail system that includes links to existing trails, recreational facilities, and new trails where feasible. 7) Create a formal volunteer or “friends” program to help with preserve stewardship. 8) Establish a formal process for the public to report problems at preserves by the public. 9) Create an Adopt-a-Preserve program where groups can provide funding for land stewardship. 10) Educate the public about everyday land stewardship values they can follow when visiting preserves. 11) Promote the public’s use of the trails through the following: a. Making the trails accessible on smart phones with live GPS tracking b. Creating self-guided walking tours (e.g., podcasts) offering insights into the geology, history, wildlife, and natural features of each preserve, and c. Posting the trail maps on line for download d. Paper Trail maps/brochure handouts e. Trail maps & information at trail-head kiosks Responsible Parties: Land Preservation Coordinator, Land Preservation Committee Possible Partnerships: Volunteers, civic associations, Boy Scouts, Girl Scouts, Reserve Officer Training Corps (ROTC), Rotary Clubs, Elks Clubs, Chambers of Commerce, local businesses, schools, North Fork Audubon Land Preservation Southold Town Comprehensive Plan Update 12 Goal 4.3 Provide the public with an online resource to find preserves open to the public and provide information about land protected with easements. Objectives: Create an interactive map for the website that includes all the protected lands. Information for each protected parcel to include the following:  Protection type (Oowned by Town or Eeasement held by Town)  Whether it is open to the public  General description of the allowed and& prohibited uses Responsible Parties: Land Preservation Coordinator Possible Partnerships: GIS Coordinator, Southold Town Information Technology Department, Southold Town Planning Department