Loading...
HomeMy WebLinkAboutLL #08 2020 SOUTHOLD TOWN BOARD PUBLIC HEARING August 11, 2020 3:00 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilwoman jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Councilwoman Sarah Nappa Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled; "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects,as well as dealing with impacts to the public's health,safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 2 underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT The following proiects are eligible to receive sanitary flow credits: 1. Proiects located in a receiving district that are permitted uses in the zoning district in which the subiect Property is located. 2. Proiects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT - An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL -Land within a receiving district to which sanitary flow generated from one or more sendingparcelsare transferred. SANITARY FLOW CREDITS-A sanitM flow credit shall correspond to per twenty thousand(20,000) square feet of lot area which is the equivalent of three-hundred(300) gallons per day(GPD) flow(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in sending distrie to another lot,parcel, or area of land in one or more receiving districts. Sanitga flow shall be transferred from a lot parcel or area of land to another area of land in one or more receiving districts at rate of three hundred(300gallons per day (gpd) of flow. " sanitary flow eredit shat "�re a to pe r twenty theiasand (20,000) square feet of lot area whieh is the equivalent ef t4ee hundred (300) gallons per-day (GPD) flew(e.g., a one (1) aer-e let in an R 40 zone eetild send two (2) density flow,.red4s) SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are transferred for use in one or more receiving districts in the Town of Southold. Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 3 § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank(SFC bank)in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code.. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were aequir-ed shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in +'on with of M' lettsingon parcels within a receivin dig strict. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District(AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 4 management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel 7� or area of land within the same receiving district B. Designation f development rights. n development ri t-,4 fir the_„.,Teses of this ehapter, shall be limited to a sanitary flow credit-. B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section §117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section X280-30.. (3) For M project that is strictly a proposed residential project all of the dwelling units must be proposed as affordable dwelling units as defined by section §280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract(executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel,the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office,the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement,transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district,the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 5 A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the-Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development whiehis r possiblea t transfer- m of development rights that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F The Town Board mqy condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph"E" of this section are met. In projects involving affordable housing the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable inperpetuity. FG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. FSH. Following the public hearing, the Town Board may, by resolution authorize the Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 6 transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the'Town Board and the Planning Board deem necessary to ensure that 1) the criteria for approving the transfer of sanitM flow credits contained in paragraph`B" of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity,and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..-, and 4)that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 7 Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a_certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board.A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1O1). § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof,shall be given by the Town Clerk to those Town departments referenced in § 11771OD. III. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. TOWN CLERK NEVILLE: I have affidavits of publications, it was on the Town Clerk's bulletin board and it was advertised in the Suffolk Times newspaper and we have two letters with comments on this local law. SUPERVISOR RUSSELL: "Dear Supervisor Russell and Town Board, Please modify the proposed changes to make clear that the quantity of sanitary flow credits available for transfer would be those that Southold Town Zoning allows and not enable a windfall to certain property owners. Please ensure that enhanced sewer treatment will be required of the receiving area. Please define the receiving area as that which is within one mile walkable to a public school and not simply anywhere the affordable housing is allowed. For some strange reason affordable Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 8 housing is allowed in industrial zones where regular housing would be prohibited as being an incompatible use. Sincerely,Randy Wade" Just as a clarification for people, as a general policy the Town Board doesn't read letters for the public records. We had made that exception for the first few meetings after the pandemic because people didn't have access to comment. Since we have been able to zoom,the public does have opportunity to comment. I am going to read this letter because it there was only two but(inaudible). "Dear Board Members, This letter is written in response to.the proposed local law entitled 'A local law in relation to amendments to chapter 117, development rights,transfer of, in connection with sanitary flow credits' While not in opposition to a transfer of development rights that considers both the preservation of land and the creation of viable communities, we feel that the law needs further amendment. As written now, this law can undermine years of upzoning executed to protect against over-development. First, this-law assumes that one sanitary flow credit represents 300 gallons per day which corresponds in the proposed legislation to a nominal half-acre with no distinction as to whether the parcel is serviced by public water or well. This rate is the allowable carrying capacity allowed by the Suffolk County Department of Health Services for parcels services by public water. Parcels on wells in this hydrogeological zone are limited by the SCDHS to 300 gpd per nominal acre or 40,000 square feet. This means that development rights can be exchanged from lots on wells at a carrying capacity that is twice the current load, in effect doubling the density currently allowed. Roughly half of the parcels in the Town of Southold are still using well water. Second, over Southold's history, areas outside the hamlet areas have been up-zoned to reduce density. For instance,parcels in R-80, R-120 or R-200 zones have been limited to the development of single- family homes, which typically use 300 gpd. Under this rule, if these lots are not serviced by public water,they can contribute development rights representative of 4, 6 or 10 times their currently zoned use. Third, what happens if there is a five-acre parcel with one home, can the owner sell the development rights that are currently unused? Fourth, this proposal could create localized pollution and stress natural resources. Mitigation measures should be incorporated into the law, such as requiring the use of Innovative/Alternative onsite wastewater treatment systems. With the use of I/A OWTS,the rule should still limit development on receiving parcels to a maximum loading of 2400 gpd per nominal acre for parcels using public water and 1200 gpd for parcels on wells, so that nitrogen level's do not exceed expected loading under current rules. Water conservation measures should also be required to limit draw on the already stressed aquifer. We respectfully request that the town reconsider this law to ensure that it protects the environment and preservation work executed over years of effort, while still allowing the town to attain its goal of denser hamlet centers. This law should not be adopted without an environmental impact assessment, as it could have serious repercussions. Glynis Berry, representing Peconic Green Growth" Would anyone else like to comment on this particular local law? MODERATOR: Okay, there is one hand raised. GLYNIS BERRY: Thank you for reading the letter. Drianne Benner and Anne Murray have also j oined signing on to the letter. We do feel that it needs to be more carefully looked at because it could drastically increase density throughout the Town of Southold. To a density which is much higher than what was intended by your master plan or by past planning efforts. WE agree that it is desirable to-move development rights but it shouldn't be done without Southold Town Board Public Hearing August 11, 2020 Amendment to Chapter 117-Sanitary Flow Credits page 9 reconsidering the work that's already been done. So I do hope that you will table this and take a more careful look at the details. Thank you. SUPERVISOR RUSSELL: Are there any other hands? MODERATOR: There are no other hands at this time. SUPERVISOR RUSSELL: All in favor? COUNCILWOMAN NAPPA: No, I would like to see more information, more clearly written. This hearing was closed at PM l.L. n" Elizabeth A. Neville Southold Town Clerk STATE OF NEW YORK LL DEPARTMENT OF STATE ONE COMMERCE PLAZADREWM. CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE RECEDED October 2, 2020 0 C 1 5 2020 Southold Town Clerk Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law'6, 7, 8 2020, filed on September 30 2020 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 STATENEW YORK Department OF OPPORTUNITY_ of State ELIZABETH A. NEVILLE,MMC a_p ' �� Town Hall 53095 Main Road r '? P.O.Box 1179 TOWN CLERK �-s �=..;'.`�-•�; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS " ' � �.�:;;�•�_,' Fax(631)765-6145 MARRIAGE OFFICER U=.. RECORDS MANAGEMENT OFFICER ®� ��® Telephone oldt nny.g00 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 25, 2020 Priority Mail Express RE: Local Law No. 6, 7 & 8 of 2020 Town of Southold, Suffolk County New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Sir/Madam: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law No. 6, 7 & 8 of 2020 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, C:� 4u(-- 1 --__ Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Y NEW YORK STATE DEPARTMENT OF STATE Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City R1 Town of SOUTHOLD ❑ Village Local Law No. 8 of the year 2020 . A Local Law entitled, A Local Law in relation to Amendments to Chanter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239-f-1(Rev 04/14) 1 SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT-An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels are transferred. SANITARY FLOW CREDITS- A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day (GPD) flow(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot, parcel, or area of land to another lot, parcel, or area of land in one or more receiving districts. Sanitary flow shall be transferred from a lot, parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300) gallons per day (gpd) of flow SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are transferred for use in one or more receiving districts in the Town of Southold. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter,the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank(SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary,flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. 2 B. The lands from which sanitary flow credits are to be transferred into the bank shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District(AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district, B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an"eligible project" as defined in section §117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section §280-30. (3) For any project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section §280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation 3 Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district,the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-9E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph "E" of this section are met. In projects involving affordable housing, the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. G. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts 4 unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. H. Following the public hearing, the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1) the criteria for approving the transfer of sanitary flow credits contained in paragraph"E" of section 117-09 are met, 2) than any affordable dwelling unit created by the transferred credit remains affordable in perpetuity, 3) that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..., and 4) that the sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280- 33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the 5 transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. III. SEVERABILITY. If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. 6 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 20. of the ( (Town) ) of SOUTHOLD was duly passed by the TOWN BOARD on August 25 ,20 20 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the(County)(City)(Town)(Village)of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval)by the and was deemed duly adopted on 20 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239-f-1(Rev 04/14) 7 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general)election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) I further certify that I have compared the preceding local law with.the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. U J J Clerk of the ounty legislative o y, City, Town or (Seal) Village CI&L or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: September 28,.2020 DOS-239-f-1(Rev 04/14) 8 RESOLUTION 2020-502 � f Baa ADOPTED DOC ID: 16347 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-502 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 25, 2020: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 8 of 2020 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow-Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; Resolution 2020-502 Board Meeting of August 25, 2020 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day_pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT - An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels are transferred. SANITARY FLOW CREDITS-A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred(300) gallons per da (GPD) flow(e a one (1) acre lot in an R-40 zone could send two (2) density flow credits). TRANSFER OF SANITARY FLOW CREDITS -The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in any sending dist.: to another lot,parcel, or area of land in one or more receiving districts. Sanitary flow shall be transferred from a lot parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300gallons per day (gpd) of flow. " sanitary f, ,.edit shall cerfespend to per- twenty thousand (20,000) square feet of lot area whieh is the equivalent of three htmdred (300) gallons per d (GPD) flow(o a one (1) acre let: ., v 40 zone eould sena two (2) densky flow er-edi*. SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitM flow credits are transferred for use in one or more receiving districts in the Town of Southold. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank(SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 2 Resolution 2020-502 Board Meeting of August 25, 2020 sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were ,:rod shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively ;n eennee4ior v tl., on parcels within a receivin dig strict. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District(AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot parcel or area of land within a receiving district to another lot, parcel or area of land within the same receivingdistrict 13Designation f rl 1 eRl rights. A development right f the pufposes of this eh tP shall b limited to sanitary flow e edit. ap �r� �xrccrrvczimicccrcv-a�nir'rcRr�rro�v v B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eli ibg le project" as defined in section X117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section &280-30. (3) For any project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section X280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract(executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 3 Resolution 2020-502 Board Meeting of August 25, 2020 Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district,the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act(SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-9E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development whieh is possible under the 4ansfer-of development r4ghts Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 4 Resolution 2020-502 Board Meeting of August 25, 2020 e is;that would result from the proposed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph"E" of this section are met. In projects involving affordable housing, the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. FG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. Following the public hearing,the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 111-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 5 Resolution 2020-502 Board Meeting of August 25, 2020 shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1)the criteria for approving the transfer of sanitary flow credits contained in paragraph"E" of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity.,and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..-, and 4 that the T4i---sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1OD. III. SEVERABILITY. Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 6 Resolution 2020-502 Board Meeting of August 25, 2020 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E. Nappa, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Updated: 9/28/2020 10:25 AM by Lynda Rudder Page 7 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 O��®� S®(/ryol Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) ® P Southold,NY Telephone: 631765-1938 www.s outholdtownny.gov cou PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED AUG 2 5 2020 MEMORANDUM To: Scott Russell, Town Supervisor Southold Town Clerk Members of the Town Board Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman Members of Planning Board Ool�, Date: August 25, 2020 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer:of; in connection with Sanitary Flow Credits" Thank you for the opportunity to provide comments on the above referenced local law. The Planning Board supports the amendments to this chapter to expand the use of sanitary flow credits to commercial and municipal uses, in addition to continuing to be available for affordable housing. We recommend that affordable housing be a priority should there be a situation where . there are not enough credits for the number of applications that might be submitted at any one time. We also recommend that the Suffolk County Department of Health Services vet each addition to the Town's bank at the time it is added to ensure their acceptance for future applicants. We also would like to bring to the Town Board's attention the existence of the Suffolk County Workforce Housing Sanitary Flow Credit Bank. There are similar credits in that bank that originated in the Town of Southold. They can be tracked by hamlet and their sending parcel. These may be useful in the future if the Town's sanitary flow credit bank runs low. cc: William Duffy, Town Attorney OFFICE LOCATION: DZAIi_._TNG ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone:631765-1938 Southold,NY www.southoldtownny.gov Cow PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Town Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman. Members of Planning Board Date: August 25, 2020 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 117 Development Rights, Transfer of in connection with Sanitary Flow Credits" Thank you for the opportunity to provide comments on the above referenced local law.. The Planning Board supports the amendments to this chapter to expand the use of sanitary flow credits to commercial and municipal uses, in addition to continuing to be available for affordable housing. We recommend that affordable housing be a priority should there be a situation where there are not enough credits for the number of applications that might be submitted at any one time. We also recommend that the Suffolk County Department of Health Services vet each addition to the Town's bank at the time it is added to ensure their acceptance for future applicants. We also would like to bring to the Town Board's attention the existence of the Suffolk County Workforce Housing Sanitary Flow Credit Bank. There are similar credits in that bank that originated in the Town of Southold. They can be tracked by hamlet and their sending parcel. These may be useful in the future if the Town's sanitary flow credit bank runs low. cc: William Duffy, Town Attorney 1 r � SCOTT A. RUSSELL r 'k?' x ,f Town Hall, 53095 Route 25 SUPERVISOR P.O.Box 1179 Southold, New York 11971-0959 Fax(631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD To: Town Board Members/Town Attorney/Town Clerk RECEIVED From: Scott A. Russell, Supervisor AUG 2 4 2020 Date: August 24, 2020 Southold Town Clerk Re: Proposed Amendments to Chapter 117 Here are a couple of issues that should be considered regarding the proposed amendments to Chapter 117 which was originally adopted to create a sanitary flow"bank". These comments are offered in response to questions/comments raised during the public hearing regarding the proposal. First: It is important to remember that the basic premise of transferring flow from the "sending" zones to the "receiving" zones is still intact. There has been no change to the configuration of the receiving zones. However, one change is to allow the transfer of sanitary flow within the receiving zones. It is important to state, however, that the transfer of flow from any property eliminates any development potential which results in no increase in flow for the receiving zone. It is also not necessary to allow transfer within the zones to make a commercial property eligible to receive credits. It merely provides an opportunity for the town to bank more credits, although that opportunity is rare. Further, all transfers can only be utilized for uses based on their current zoning. Clearly,the intended purpose of existing zoning is to identify what uses are considered "appropriate" for the location of that property. The proposed changes to chapter 117 do not alter or undermine the historic intent of zoning that has been largely in place for well over 30 years or for any subsequent changes that may be made during the implementation of the Master Plan. Second: The purchase of"development rights" does not produce sanitary flow nor, can any of these rights be transferred into the sanitary flow bank. The objections raised in the submission by Glynis Berry of Peconic Green Growth relies heavily on scenarios of the transfer of development rights from sending zones to receiving zones and raises a hypothetical question: What happens if there is a five-acre parcel with one home, can the owner sell the development rights that are currently unused? The answer is no. Development rights do not produce sanitary flow per Suffolk County Department of Health rules. As an example, if the Town purchases the development rights to a farm, regardless of the zoning, those development rights produce no sanitary flow credits. The Town can take sanitary flow and put it in the "bank" only from properties that are bought outright for passive-use/preserves only. If a property has any end- uses, including farming, (even parking areas to be used as part of the preserve), etc. then no sanitary flow credits are created. In Ms. Berry's example,the sale of the development rights of that parcel would be irrelevant to the program. Third: Calculations to determine sanitary flow under the current code, and even with the proposed changes, are restrictive and cannot be accurately demonstrated with simple math. Any property purchased outright must go through a building yield calculation. All non-buildable areas such as wetlands, surface water, existing easements or rights-of-way, etc. must be removed from the calculation. In addition, sanitary flow is reduced when there are joint purchases with the County/State/Feds, etc. To give you an example of the limits of the calculations, the figures below demonstrate just how much in sanitary flow has been created from 2005 through 2018 despite substantial preservation achieved during that time: They are listed by school district: • Greenport: 23.85 total credits. This despite the purchase of a substantial number of acres as part of the Bay to Sound Project (Sills, Manor Grove, Stackler, etc.) • Orient/East Marion: 1 credit total (yes, you read that right). • Southold: 13 total credits. • Mattituck/Cutchogue: 17.14 credits. This despite substantial purchases for the expansion of the preserve around Laurel Lake. We have generated a total of 54.99 credits, over 13 years, despite a very active preservation program. I should also point out that the concerns raised based on using R-200 and R-400 zoning fail to consider the following: • Laurel/Mattituck/Cutchogue have no properties zoned either R-200 or R-400. • New Suffolk has only Robins Island zoned R-400, however, most of the Island is protected from development as a result of an easement given by the owner to the Nature Conservancy. • Peconic/ Southold have no properties zoned either R-200 or R-400. • Greenport (outside the Village) has no properties zoned either R-200 or R-400. • East Marion has no properties zoned either R-200 or R-400. • Orient has one area zoned R-200, however, substantial portions are either non-buildable wetlands, owned by New York States, a cemetery or are already developed and not eligible for subdivision. Only the New York State Park is zoned R-400. • The only properties that exist that are zoned R-400 are properties on Fishers Island which are either owned the United States Navy, or property that is the town-owned airport. In all of 2019,Southold created only one single credit town wide- which was on Fishers Island. Fourth: The impact, and limits, on development by using sanitary flow credits are not necessarily determined by the amount of sanitary flow available. The Suffolk County Department of Health will not permit any project to exceed flow that would double its current standard. Many of the existing businesses in the hamlet centers are already operating with flow that is either close to, or exceeds that standard so, most expansion would be modest. Further, some even exceed double the current standard and are considered"grandfathered". However, they would be disqualified from receiving any credits. Further, the SCDOH would not approve any project that,doesn't meet current water quality standards. Fifth: Suffolk County is considering adopting code amendments that would allow for"super- offsets". This would allow a transfer of sanitary credits to a parcel that is the site of an affordable housing project that does exceed the current limits of doubling flow. However,the super-offset requires extinguishing credits from sending zones for being able to transfer one to a receiving zone. This not only allows the greater density for affordable housing prof ects needed to make them viable,but two credits extinguished to one transferred to the receiving zone cuts development potential in half. Sixth: Sanitary flow credits are not available as a matter of right. Any transfer of credits to any specific project would require a public hearing, public input and an approval by the Town Board. The proposed amendment outlines all of the criteria that would need to be met, including environmental impacts and consistency with the Master Plan. Any approval can also come with stipulations and conditions that mitigate adverse impacts. The flow from the bank also gets consumed pretty quickly. As an example,the current planned renovations of the Capital One Bank in Southold for use as a Justice Court will require 7 credits to meet SCDOH guidelines. A proposed small, affordable apartment complex just a few feet away from Town Hall would need 15 credits. We currently have a total of 9 credits in the sanitary bank in Southold. Moving forward with the Justice Court project will extinguish nearly all of the credits in the bank. The affordable apartment project simply can't move forward based on the current credits available even if the Justice Court proposal was withdrawn. Seventh: One thing to keep in mind is that Chapter 117, creating the sanitary flow bank, was adopted in 2005. The preservation landscape has changed quite a bit since then. Years after that, the Land Preservation Committee created a ranking system to determine where the focus of our preservation efforts should be. The purchase of development rights from agricultural land, which creates no flow to transfer, is priority#1. When the majority of financial resources are spent on development rights, there are less funds available for outright preservation and, as a consequence, less sanitary flow credits available. Many of the properties we acquire outright now are either donated, offered at a bargain sale or have compelling ecological and environmental importance such as wetlands, etc. Many of these parcels have very little buildable land, if any, so there are very few credits that can be banked. Eighth: The creation of, possession of and transfer of sanitary flow credits are all through Southold Town. Private parties can't transfer or "sell"their credits to another party, including sale to Southold Town. In short, there is no private market exchange. The Master Plan clearly calls for the development of, and support for, local businesses in the hamlet centers. It also clearly states the need for affordable housing located preferably,in the HALO zones. The proposed amendment provides a tool (a modest one at that)to help achieve those goals and is completely consistent with existing zoning,the Hamlet Stakeholders recommendations and the proposed goals of the pending Master Plan. FECEIVED PECONIC GREEN GROWTH August 11, 2020 AUG 1 0 2020 Town Board Southold Town Clerk Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 Dear Board Members, This letter is written in response to the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights,Transfer of, in connection.with Sanitary Flow-Credits." While not in opposition to a transfer of development rights that considers both the preservation of land and the creation of viable communities,we feel that the law needs further amendment.As written now,this law can undermine years of up-zoning executed to protect against overdevelopment. First,this law assumes that one sanitary flow credit represents 300 gallons per day(gpd), which corresponds in the proposed legislation to a nominal half-acre (20,000 SF)with no distinction as to whether the parcel is serviced by public water or well.This rate is the allowable carrying capacity allowed by the Suffolk County Department of Health Services(SCDHS)for parcels serviced by public water. Parcels on wells in this hydrogeological zone are limited by the SCDHS to 300 gpd per nominal acre or 40,000 SF.This means that development rights can be exchanged from lots on wells at a carrying capacity that is twice the current load, in effect doubling the density currently allowed. Roughly half of the parcels in the Town of Southold are still using well water. Second,over Southold's history, areas outside the hamlet areas have been up-zoned to reduce density. For instance, parcels in R-80, R120 or R200 zones have-been limited to the development of single-family homes,which typically use 300 gpd. Under this rule, if these lots are not serviced by public water,they can contribute development rights representative of 4, 6 or 10 times their currently zoned use. Third,what happens if there is a five-acre parcel with one home; can the owner sell the development rights that are currently unused? 651'West Main Street Riverhead, NY 11901 T 631 591 2402 www.peconicgreengrowth.org a � t PECONIC GREEN GROWTH Fourth,this proposal could create localized pollution and stress natural resources. Mitigation measures should be incorporated into the law, such as requiring the use of Innovative/Alternative Onsite Wastewater Treatment Systems(I/A OWTS).With the use of I/A OWTS,the rule should still limit development on receiving parcels to a maximum loading of 2400 gpd per nominal acre for parcels using public water,and 1200 gpd for parcels on wells,so that nitrogen levels do not exceed expected loading under current rules. Water conservation measures should also'be required to limit draw on the already stressed aquifer. We respectfully request that the Town reconsider this law to ensure that it protects the environment and preservation work executed over years of effort,while still allowing the Town to attain its goal of denser hamlet centers.This law should not be adopted without an environmental impact assessment, as it could have serious repercussions. Sincerely, Glynis M. Berry,AIA, LEED AP Executive Director Drianne Benner Board Member, PGG 651 West Main Street Riverhead, NY 11901 T 631 591 2402 www.peconicgreengrowth.org RECEIVED -Rudder, Lynda From: Randy Wade <vision4me@me.com> AUG 1 1 2020 Sent: Tuesday,August 11, 2020 11:48 AM To: Neville, Elizabeth; Rudder, Lynda Southold Tarn Mork Subject: Comments on Amendments to Chapter 117, Development Rights Dear Supervisor Russell and Town Board, 1. Please modify the proposed changes to make clear that the quantity of sanitary flow credits available for transfer would be those that Southold Town Zoning allows and not enable a windfall to certain property owners. 2. Please ensure that enhanced sewer treatment will be required of the receiving area. 3. Please define the receiving area as that which is within one mile walkable to a public school and not simply anywhere the affordable housing is allowed. For some strange reason affordable housing is allowed in industrial zones where regular housing would be prohibited as being an incompatible use. Thank you for considering these comments. Sincerely, Randy Wade, 6th Street, Greenport ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Vi Southold Town Board - Letter Board Meeting of August 11, 2020 RESOLUTION 2020-502 Item# 5.25 TABLED DOC ID: 16347 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-502 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 11, 2020: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14'' day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law In relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by,the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). ELIGIBLE PROJECT Generated August 12, 2020 Page 35 Southold Town Board -Letter Board Meeting of August 11, 2020 The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT - An area of the Town that is desirable to be developed more intensively than areas outside the district. RECEIVING PARCEL - Land within a receiving district to which sanitary flow generated from one or more sending parcels+are transferred. TRANSFER OF SANITARY FLOW CREDITS - Sanitary flow shall be transferred from a lot parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300gallons per day (gpd) of flow. A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day (GPD) flow(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are severed for use in one or more receiving areas in the Town of Southold. TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from one lot, parcel, or area of land „g distfiet to another lot, parcel, or area of land in one or more receiving districts. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain -sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. Generated August 12, 2020 Page 36 Southold Town Board - Letter Board Meeting of August 11, 2020 § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank (SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were aequir-e—d shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively i ,,, flneetio with on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district B. Designation ef development rights. A develepmeiit right, for-the purposes of!his B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section 117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as Generated August 12, 2020 Page 37 Southold Town Board - Letter Board Meeting of August 11;2020 defined by section 280-30. (3) For any project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section 280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development kights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board Generated August 12, 2020 Page 38 Southold Town Board - Letter Board Meeting of August 11, 2020 recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development w-hieh is possible tinder-the transfer- of development rights previ . , that would result from the proposed transfer of sanitary credits that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph "E" of this section are met In projects involving affordable housing the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. EG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. Following the public hearing, the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. Generated August 12, 2020 Page 39 Southold Town Board - Letter Board Meeting of August 11, 2020 B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Depdrtment, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1)the criteria for approving the transfer of sanitary flow credits contained in paragraph"E" of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity.,and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry:, and 4 that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD) District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. Generated August 12, 2020 Page 40 Southold Town Board -Letter Board Meeting of August 11, 2020 § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-10D. III. SEVERABILITY. If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 8/25/2020 7:00 PM MOVER: Jill Doherty, Councilwoman SECONDER:Sarah E. Nappa, Councilwoman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated August 12, 2020 Page 41 SUMMARY OF LL/AMENDMENT TO CHAPTER 117 "Sanitary Flow Credits, Transfer of" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING SET THIS EVENING PROPOSES TO AMEND CHAPTER 117 OF THE TOWN CODE ENTITLED "SANITARY FLOW CREDITS, TRANSFER OF" THE PURPOSE OF THE AMENDMENT IS TO INCREASE OPTIONS FOR TRANSFER OF SANITARY FLOW CREDITS TO ASSIST IN THE DEVELOPMENT OF AFFORDABLE HOUSING WITHIN THE TOWN OF SOUTHOLD. SPECIFICALLY, THE AMENDMENT IF ADOPTED WOULD ALLOW FOR THE TRANSFER OF SANITARY FLOW CREDITS FROM ONE PROPERTY TO OTHER PROPERTIES DEVELOPING AFFORDABLE HOUSING PURSUANT TO THE TOWN CODE. THIS WILL BE CONSUMMATED THROUGH THE AMENDING VARIOUS PROVISIONS OF SECTION 117 OF THE TOWN CODE. CURRENTLY SECTION 117 OF THE TOWN CODE DOES NOT PERMIT THESE TRANSFERS AS CONTEMPLATED. THE PROPOSED AMENDMENT WOULD ADDRESS RESIDENTS CONCERNS OVER THE LACK OF AFFORDABLE HOUSING IN THE AREA AND ALLOW FOR THE FURTHER DEVELOPMENT OF AFFORDABLE HOUSING OPTIONS. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE f -z #0002488880 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 07/30/2020 Principal Clerk Sworn to before me this 30 day of �� a0 MELISSA R DEBOER NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY LIC.#01 DE 349898 COMM. EXP.-1-C).I'L�aQDQ TYPESET- Wed Jul 22 14 24.21 EDT 2020 Any word or term not noted below shall be municipal account known as the`Community LEGAL NOTICE used with a meaning as defined in Webster's Preservation Fund,"to be used in a manner NOTICE OF PUBLIC HEARING Third New International Dictionary of the specified in Chapter 17 of the Town Code, NOTICE IS HEREBY GIVEN,there has English Language,Unabridged(or the latest A. The only development right that been presented to the Town Board of the edition) may be transferred into and out of the SFC Town of of Southold,Suffolk County,New ELIGIBLE PROJECT bank is a sanitary flow credit York,on the 14th day of July,2020,a Local The following projects are eligible to re- B The lands from which sanitary flow Law entitled"A Local Law in relation to ceive sanitary flow credits: credits are to be transferred into the bankwera Amendments to Chapter 117,Development 1. Projects located in a receiving dis- acquired shall remain preserved in perpetuity Rights, Transfer of, in connection with trict that are permitted uses in the zoning by a permanent conservation easement or Sanitary Flow Credits"and district in which the subject property is other Instrument that similarly preserves NOTICE IS HEREBY FURTHER located. community character as defined and set forth GIVEN that the Town Board of the Town of 2. Projects in an Affordable Housing in the definition of"community preservation" Southold will hold a public hearing on the Zoning District; in Chapter 17 of the Town Code The ease- aforesaid Local Law at Southold Town Hall, 3. Town of Southold municipal ment or other document shall be in a form 53095 Main Road,Southold,New York,on buildings. approved by the Town Attorney the 11th day of August,2020 at 3:00 p.m.at SANITARY FLOW RIGHT-The right § 117-6 Sanitary flow credit transfer. which time all Interested persons will be to discharge to thegroundwater 300 gallons of The sanitary flow credit transfer will allow given an opportunity to be heard wastewater per day pursuant to the Suffolk the Town to bank sanitary flow credits from Due to public health and safety concerns County Sanitary Code preserved land In the SFC bank and later sell related to COVID-19,the Public will not be RECEIVING DISTRICT-An area of the those credits for use exclusively in connection given in-person access.In accordance with Town that is desirable to be developed more with uffoidable hUUSTrr9 on parcels within a the Governor's Executive Order 202.1, intensively than areas outside the district receiving district The sale price of the credits said public hearing of the Town Board will RECEIVING PARCEL-Land within a shall be determined by resolution of the Town be held via videoconferencing,and a tran- receiving district to which sanitary flow gen- Board,and such factors as the appraised value script will be provided at a later date.The erated from one or more sending parcels are of the sanitary flow credit and the publicbene- public will have an opportunity to see and transferred fit provided to the community shall be consid- hear the meeting live and provide com- TRANSFER OF SANITARY FLOW ered All transfers of sanitary flow credits ments virtually. CREDITS - Sanitary flow shall be within the Town of Southold must pass The hearing will be held virtually via transferred from a lot,parcel or area of land to through the SFC bank ZOOM Webmar Instructions and link to at- another area of land in one or more receiving A. Designation of sending and receiv- tend the meeting will be available on the districts at rate of three hundred(300)gallons ing districts Town's website or by calling the Town per day(gpd)of flow A sanitary flow credit (1) The sending district shall be any zon- Clerk s office at(631)765-1800 A telephone shall correspond to per twenty thousand ing district In the Town of Southold number will also be provided to allow mem- (20,000)square feet of lot area which is the that is not defined as a receiving district bers of the public to attend via telephone equivalent of three hundred(300)gallons per (2) The receiving district shall be any Written comments and/or questions may day(GPD)flow(e g,a one(1)acre lot in an land designated as General Business (B) also be submitted via email to the Town Clerk R-40 zone could send two(2)density flow Hamlet Business(HB)or Residential Office at elizabeth neville@town southold ny us credits) (RO), or land designated as an Affordable and Lynda rudder@town Southold ny us SENDING DISTRICT- An area of the Housing District(AHD)after March 1,2005 Said comments and/or questions will be con- Town that is desirable to be preserved as open (3) Sending and receiving areas shall be sidered at the public hearing provided that space in the same groundwater management zone they are submitted no later than 12 00 PM SENDING PARCEL-Land from which (4) Nothing herein shall prevent the (Prevailing Time) on the day of the public sanitary flow credits are severed for use in one transfer of sanitary flow credits from a lot, hearing or more receiving areas in the Town of South- parcel or area of land within a receiving dis- Pursuant to the requirements of the Execu- old trict to another lot, parcel or area of land tive Order of the Governor of the State of New TRANSFER OF SANITARY FLOW within the same receiving district York,a transcript will be prepared of the pub- CREDITS-The process by which sanitary lic hearing,and a copy shall be filed with the flow credits are transferred from one lot,par- Town Clerk and placed upon the Town's web- cel,or area of land in any hending district to chaptul, shall be, in ftuw site another lot,parcel,or area of land in one or credit: Please check the meeting Agenda posted more receiving districts. B Project Criteria on the Town's website (www § 117-4 Applicability; general prohibi- (1) In order to qualify for the transfer of southoldtownny gov)for further instructions tions. sanitary flow,a project must be an"eligible or for any changes to the instructions to access A Applicability.Any and all sanitary project"as defined in section 117-3, the public hearing,and for updated mforma- flow credit transfers within the Town of (2) For any mixed use project that in- tion Southold shall be in accordance with this cludes housing,at least half of the dwelling The proposed Local Law entitled,"A Lo- chapter units proposed must be proposed as afford- cal Law in relation to Amendments to B. General prohibitions able housing units as defined by section Chapter 117, Development Rights, (1) If not expressly permitted within this 280-30. Transfer of, in connection with Sanitary chapter the transfer of sanitary flow credits is (3) For any project that is strictly a pro- Flow Credits"reads as follows prohibited posed residential project,all of the dwelling LOCAL LAW NO. 2020 (2) All transfers of sanitary flow credits units must be proposed as affordable dwelling A Local Law entitled,"A Local Law in from parcels located outside of the Town of units as defined by section 280-30 relation to Amendments to Chapter 117, Southold's boundaries are prohibited § 117-7 Determination of credits to be Development Rights,Transfer of,in con- (3) All transfers of sanitary flow credits deposited;duties of Clerk. nection with Sanitary Flow Credits" from or to properties that are not recognized A Upon receipt of a contract (ex- BE IT ENACTED by the Town Board of pursuant to§280-9 of the Town Code or that ecuted by the seller) for the Town's acqui- the Town of Southold as follows do not contain sufficient buildable land area, sition of a parcel of property or the develop- 1. Purpose, as defined in§280-4 of the Town Code,are ment rights thereon,and prior to the public The purpose of this local law is to improve prohibited hearing on the purchase,the Land Preserva- the transfer of sanitary flow credits in support § 117-5 Sanitary flow credit bank. tion Coordinator shall provide to the Town of affordable housing projects, as well as The Town hereby establishes a sanitary Board a calculation of the sanitary flow cred- dealing with impacts to the public's health, flow credit bank(SFC bank)in which sanitary its available, subject to survey, for transfer safety and welfare that result therefrom flow credits may be received, retained and from the parcel of property upon the closing II. Chapter 117 of the Code of the Town sold by the Town Board in the best interests of of the contract in accordance with its terms of Southold is hereby amended to include the the Town All sanitary flow credits transferred B Following the closing on the parcel, underlined words and removal of struck into the bank must first be accepted by Town the sanitary flow credits from the property through portions as follows Board resolution in accordance with the terms shall be placed into the Town SFC bank by § 117-3 Definitions. of this chapter All receipts and proceeds from resolution of the Town Board, which res- Unless otherwise expressly stated,the fol- sales of sanitary flow credits sold from the olution shall set forth the number of sanitary lowing terms shall, for the purpose of this Town bank shall be deposited into a special flow credits and the source of the credits The chapter,have the meanings as herein defined Town Clerk shall maintain a log detailing the affordable in perpetuity, flow credit A sanitary flow credit may be credits transferred into the bank,as provided FG. Sanitary flow credits shall not be revoked by Town Board resolution following by the Land Preservation Coordinator in a transferred out of the school,special assess- a public hearing after 10 days'written notice form approved by the Town Board ment or tax districts unless the Town Board of the hearing,by personal service or certified C The Town Clerk shall forward the determines that there is no other available lot mail,has been given to the property owner resolution to the Tax Assessor's office, the within said districts to which a sanitary flow § 117-13 Expiration. Land Preservation Department, the Special credit may reasonably be transferred and that Any sanitary flow credit transferred to a Projects Coordinator and the Planning De- the transfer does not unreasonably transfer the recipient for construction of an affordable partment for inclusion in the Town database tax burden between the taxpayers of such dwelling unit shall expire and be returned to and geographic information system(GIS) districts, the bank one year after transfer if the dwelling § 117-8 Irreversible transfer. OH Following the public hearing, the unit has not been issued a certificate of occu- No sanitary flow credits shall be Town Board may,by resolution authorize the pancy unless an extension of time has been transferred back to the sending parcel once the transfer of sanitary flow credits The res- requested by the property owner and granted development rights have been transferred No olutton shall state that the applicant shall re- by the Town Board.A request for an exten- sanitary flow credits may be transferred out of ceive a sanitary flow credit certificate,which sion of time shall be made one month in a parcel which has previously had all of its shall not be signed by the Supervisor and advance of the expiration A sanitary flow development rights extinguished under the released by the Town Clerk to the applicant credit shall be returned to the bank by res- Town of Southold,Suffolk County,or New until the covenants and restrictions as set forth olutton of the Town Board,and notice thereof York State acquisition of development rights at§117-11 have been filed and such filing has shall be given by the Town Clerk to those program or other easement, transfer, re- been approved by the Town Attorney Town departments referenced in§ 117-1O1). strictive covenant or otherwise. §117-1O Sanitary flow credit certificate. § 117-14 Return of credit to bank. § 117-9 Procedure for transfer from A An applicant must obtain and pres- in the B, HB or RO Zoning Districts, a bank to receiving district. ent a sanitary flow credit certificate to the property owner may apply to the Town Board Upon application by the owner of an indi- Building Department prior to receiving a to return the transferred sanitary flow credit to vidual parcel in a receiving district,the Town budding permit. the bank and extinguish the affordable hous- Board may permit the transfer of a sanitary B. The sanitary flow credit certificate ing covenants and restrictions applicable to flow credit to such parcel by proceeding in the shall state the specific use for the transferred the property, The Town Board shall hold a manner set forth below credit and may be used only for construction public hearing on the application,and notice A Notice to adjacent property owners of the project listed on the certificate shall be given in accordance with Chapter 55, Shall be given by the applicant in the same C The Town Clerk shall maintain a Public Hearings,Notice of A sanitary flow manner as set forth in§ 280-159 relating to log detailing the sanitary flow credit credit shall be returned to the bank by res- change-of-zone applications certificates that have been issued by the Town olutton of the Town Board,and notice thereof B, The Town Board,before publishing Board,and such log shall contain the source shall be given by the Town Clerk to those notice for a public hearing,shall comply with and location of the transferred credit Town departments referenced in§ 117-1OD all State Environmental Quality Review Act D The Town Clerk shall provide no- III. SEVERABILITY. (SEQRA)requirements,and costs associated tice of the issuance of a sanitary flow credit If any clause,sentence,paragraph,section, with review shall be paid by the applicant certificate to the Town Attorney,the Tax As- or part of this Local Law shall be adjudged by C. The Town Board,before publishing sessor s office,the Land Preservation Depart- any court of competent jurisdiction to be in- notice for a public hearing,shall,to a written ment, the Special Projects Coordinator and valid,the judgment shall not affect the valid- request, instruct the Town Planning Board the Planning Department ity of this law as a whole or any part thereof and the Building Inspector to prepare an of- § 117-11 Covenants and restrictions, other than the part so decided to be unconsti- ficial report regarding the proposed transfer, A Following the Town Board res- tutional or invalid. including the Planning Board recommenda- olutton granting a transfer of a sanitary flow IV. EFFECTIVE DATE. tions The Building Inspector report shall cer- credit to a recipient pursuant to the procedures This chapter shall take effect immediately tify the use in the zone proposed and comment set forth in this chapter,the applicant shall file upon filing with the Secretary of State as on the proposed project The Planning Board in the office of the Suffolk County Clerk any provided by law. shall consider the factors set forth in§117-7E required covenants and restrictions in a form Dated-July 14,2020 below in its report and recommendations approved by the Town Attorney The cov- BY THE ORDER OF THE D The Town Board, by resolution enants and restrictions shall contain terms and SOUTHOLD TOWN BOARD adopted at a stated meeting,shall fix the time conditions as the Town Board and the Plan- Elizabeth A Neville and place of a public hearing on the proposed ning Board deem necessary to ensure i4a_tu Southold Town Clerk transfer and cause at least 10 days'notice of the criteria for approving the transfer of sant- 2488880 such hearing to be published in the official tary flow credits contained in paragraph"E" newspaper of section 117-09 are met,2)than any afford- E. Before the transfer of sanitary flow able the dwelling unit created by the credits may be authorized to any receiving transferred credit remains affordable in per- district,the Town Board shall determine,after petuity,Md- evaluating rd-evaluating the effects of potential increased unit shall be leased or sold only to eligible development which is pus iblu undUl the individuals registered with the Town of Southold Housing Registry.,and 4)that the that would result from the proposed transfer The sale and/or lease of the dwelling unit that of sanitary credits,that the district contains has been constructed with the transferred adequate resources, environmental quality credit shall be administered through the Town and public facilities, including adequate of Southold pursuant to the provisions of transportation, water supply, waste disposal Chapter 34, Housing Fund, and §§ 280-24 and fire protection,that there will be no sig- through 280-33,Affordable Housing(AHD) nificant environmentally damaging conse- District,and the sale and/or lease price shall quences, and that such increased develop- be set by resolution of the Town Board ment is compatible with comprehensive B A copy of the filed covenants and planning and the development otherwise per- restrictions must be filed with the Town Clerk mitted by the Town and by the federal,state within 30 days of the approving resolution and county agencies having jurisdiction to No sanitary flow credit certificate shall be approve permissible development within the issued until the covenants and restrictions district have been filed and such filing has been ap- F The Town Board may condition the proved by the Town Attorney, transfer of sanitary flow credits on the appli- C The Town Clerk shall forward the cant filing covenant and restrictions against covenants and restrictions to the Town At- the receiving parcel imposing conditions on torney,the Tax Assessor's office.the Land the receiving parcel that the Town Board Preservation Department,the Special Projects deems appropriate and necessary to ensure Coordinator and the Planning Department for that the criteria in paragraph"E"of this sec- inclusion in the Town database. tion are met In projects involving affordable § 117-12 Revocation. housing,the applicant shall be required to file Failure to comply with any of the covenants and restrictions stating that the requirements set forth in this chapter may affordable housing created shall remain result in revocation of the transferred sanitary LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of of Southold, Suffolk County,New York, on the 14th day of July, 2020, a Local Law entitled"A Local Law in relation to Amendments to Chapter 117,Development Rights,Transfer of,in connection with Sanitary Flow Credits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 1111 day of August,2020 at 3:00 p.m. at which time all interested persons will be given an opportunity to be heard. Due to public health and safety concerns related to COVID-19,the Public will not be given in-person access. In accordance with the Governor's Executive Order 202.1, said public hearing of the Town Board will be held via videoconferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide comments virtually. The hearing will be held virtually via ZOOM Webinar. Instructions and link to attend the meeting will be available on the Town's website or by calling the Town Clerk's office at (631)765-1800. A telephone number will also be provided to allow members of the,public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at elizabeth.neville a,town.southold.ny.us and Lynda.rudder@town.southold.ny.us. Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town's website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter.117, Development Rights, Transfer of, in connection with Sanitary Flow Credits"reads'as follows: LOCAL LAW NO. 2020 A'Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". Y, Y BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with impacts to the public's health, ' safety and welfare that result therefrom. II. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated,the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged(or the latest edition). ELIGIBLE PROJECT 'The following proiects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Proiects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT - The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT -An area of the Town that is desirable to be developed more intensively than areas outside the district. ,RECEIVING PARCEL -Land within a receiving district to which sanitarflow generated from one or more sending parcels are transferred. TRANSFER OF SANITARY FLOW CREDITS - Sanitary flow shall be transferred from a lot, parcel or area of land to another area of land in one or more receiving districts at rate of three hundred(300) gallonsep r dgy (gpd) of flow. A sanitary flow credit shall correspond to per, twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred(300) gallons per day (GPD) flow(e.g., a one (1) acre lot in an R-40 zone could send two (2) density flow credits). SENDING DISTRICT - An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are severed for use in one or more receiving areas in the Town of Southold. TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from one lot, parcel, or area of land i any sending dist,ie to another lot,parcel, or area of land in one or more receiving districts. § 117-4 Applicability; general prohibitions. A. Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. General prohibitions. (1) If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. , (2) All transfers of sanitary flow credits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit,bank(SFC bank) in which sanitary flow, credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board ' resolution in accordance with the terms of this chapter. All receipts and proceeds.from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A., The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were aged shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in,.,,,,neetio with on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. a (1) The sending district shall be"any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) . Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District(AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot,parcel or area of land within the same receiving district B Designation of developmefft rights. A development righ�rthe purposes of this ehapter, shall be limited to a sanitary flow oredit.— B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow,-a project must be an "eligible project" as defined in section 117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as defined by section 280-30. (3) For any project that is strictly proposed residential project, all of the - dwelling units must be proposed as affordable dwelling units as defined by section 280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract(executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B., Following the closing on the parcel,the sanitary flow credits from the property 'shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits.and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database and geographic information system(GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred.No sanitary flow credits may be transferred out of a parcel which has,'previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9-Procedure for transfer from bank to receiving district. Upon application by the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change-of-zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act(SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board,before publishing notice for-a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project: The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible• nde-the transfer-of development rights PrOVIS1 that would result from the proposed transfer of sanitarycredits, that the district contains adequate resources, environmental quality-and public facilities, including adequate transportation, water supply,waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the-Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph"E" of this section are met. - In projects involving affordable housing,the gpplicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity. EG. Sanitary flow credits shall not be transferred out of the school, special assessment ,or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary, flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. . Following the public hearing,the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. -The sanitary flow credii certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. -C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney,the Tax Assessor's office,the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1)the criteria for approving the transfer of sanitary flow credits contained-in paragraph`B" of section 117-09 are met, 2, than any affordable the dwelling unit created-by the transferred credit remains affordable in perpetuity,and 3)that the affordable dwelling unit shall be -leased or sold only to eligible individuals registered with the Town of Southold Housing Registry..., and 4)that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of'Southold pursuant to the'provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing(AHD)'District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the-Town Clerk within 30 days of the approving resolution.No sanitary flow credit certificate - shall be issued until the covenants and restrictions have been filed and such filing has been approved by,the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to-the Town Attorney, the Tax Assessor's office,the Land Preservation Department,the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of.the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing;by personal service or,certified mail,has been given to the property owner. § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-101). § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable,housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-1O1). III. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 14, 2020 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk PLEASE PUBLISH INTHE JULY 30,2020 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE,Town Clerk of the Town of Southold,New York being duly sworn, says that on the 22°a day of July , 2020, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York,to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . PH—Local Law—Chapter 117 SFC, 8/11 @ 3:00 pm L i zabeth .N ville uthold Town Clerk Sworn before me this 22°d day of July , 2020. otary Public LYNDA M. RUDDER NotaryPublic, State of New York No.01 RU6020932 Qualified in Suffolk county Commission Expires March a,20 Rudder, Lynda From: Reisenberg, Lloyd Sent: Wednesday,July 22, 2020 12:41 PM To: Rudder, Lynda Subject: RE: Chapter 117 SFC for publication Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.aov Hoydr@southoldtownny.gov 0: 631-765-16911 M:631-879-1554 I F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable'laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Wednesday,July 22, 202011:45 AM To: legals@timesreview.com; Lisa Finn (lisaahfinn@gmail.com) <lisaahfinn@gmail.com>; Michaelis,Jessica <jessicam@southoldtownny.gov>; Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>; Southold Local (denise@southoldlocal.com) <denise@southoldlocal.com>; Dinizio,James<james.dinizio@town.southold.ny.us>; Doherty,Jill <jill.doherty@town.southold.ny.us>; Doroski, Bonnie <Bonnie.Doroski@town.southold.ny.us>; Ghosio, Bob <bob.ghosio@town.southold.ny.us>; Louisa Evans<Ipevans06390@gmail.com>; Nappa, Sarah <sarahn@southoldtownny.gov>; Neville, Elizabeth<E.Neville@town.southold.ny.us>; Noncarrow, Denis <denisn@southoldtownny.gov>; Norklun,Stacey<Stacey.Norklun@town.southold.ny.us>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Russell, Scott<scottr@southoldtownny.gov>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>;Tomaszewski, Michelle<michellet@town.southold.ny.us>; Burke,John <johnbu@southoldtownny.gov>; Duffy, Bill <billd@southoldtownny.gov>; Hagan, Damon <damonh@southoldtownny.gov>; Silleck, Mary<marys@town.southold.ny.us> Subject: Chapter 117 SFC for publication Importance: High Please publish in the 7/30 edition of the Suffolk Times and the Town website thank you Rudder, Lynda From: TR- Legals <legals@timesreview.com> Sent: Wednesday,July 22, 2020 2:27 PM To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Southold Local (den ise@southoldlocal.com); Dinizio, lames; Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Nappa, Sarah; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Burke,John; Duffy, Bill; Hagan, Damon; Silleck, Mary Subject: Re: Chapter 117 SFC for publication Attachments: Ad_lmage_Preview[11].pdf,Ad_Order_Form[12].pdf Hello, This notice has been scheduled, the attached documents serve as your confirmation, invoice and proof. Please review for accuracy. Payment is due upon receipt. Affidavits are processed and mailed out a week after the final publication date of the notice. Thank you. r17MMES _ REVIEW MEMA GROUP Greg Messinger Sales Production Assistant 631.354.8013 (D) gmessinger@timesreview.com www.timesreview.com From: "Rudder, Lynda" <lynda.rudder@town.southold.ny.us> Date: Wednesday,July 22, 2020 at 11:45 AM To: TR- Legals<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,Jessica"•<jessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.south old.ny.us>, "Southold Local (den ise@southoldlocaLcom)" <denise@southoldlocal.com>, "Dinizio, James" <james.dinizio@town.southold.ny.us>, "Doherty, Jill" <jill.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski @town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southoId.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Nappa, Sarah" <sarahn@southoldtownny.gov>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda'" <lynda.rudder@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish,, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, "Burke, John" <johnbu@southoldtownny.gov>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marys@town.southold.ny.us> Subject: Chapter 117 SFC for publication i Please publish in the 7/30 edition of the Suffolk Times and the Town website thank you 2 Neville, Elizabeth From: Neville, Elizabeth Sent: Friday,July 10, 2020 11:13 AM To: Silleck, Mary; Burke,John; Duffy, Bill; Hagan, Damon Cc: Lanza, Heather Subject: RE: Sanitary Flow code �I We have to make sure the time set for the public hearing is consistent with the time the Town Board sets for the meeting time. Betty From: Silleck, Mary Sent: Friday, July 10, 2020 11:04 AM To: Neville, Elizabeth; Burke, John; Duffy, Bill; Hagan, Damon Cc: Lanza, Heather Subject: RE: Sanitary Flow code Yes we are working on that today From: Neville, Elizabeth Sent: Friday, July 10, 2020 11:02 AM To: Burke, John; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Lanza, Heather Subject: RE: Sanitary Flow code Bill, Town Board discussed it at last meeting. But,you never put the resolution on to set the public hearing. Are you going to put a resolution on for next Tuesday 7/14 to set the date for this public hearing on 8/11? Betty Elizabeth A.Neville Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel. 631765-1800, Ext.228 Fax 631 765-6145 Cell 631466-6064 From: Lanza, Heather Sent: Friday, July 10, 2020 9:42 AM To: Neville, Elizabeth Cc: Duffy, Bill Subject: Sanitary Flow code Will this be referred to Planning Board? They saw it in the paper and are wondering. Guessing there isn't much time for comment before the hearing.... i Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherlPsoutholdtownny.gov 2 e = Neville, Elizabeth From: Silleck, Mary Sent: Friday,July 10, 2020 11:04 AM To: Neville, Elizabeth; Burke,John; Duffy, Bill; Hagan, Damon Cc: Lanza, Heather Subject: RE: Sanitary Flow code Yes we are working on that today From: Neville, Elizabeth Sent: Friday, July 10, 2020 11:02 AM To: Burke,John; Duffy, Bill; Hagan, Damon; Silleck, Mary Cc: Lanza, Heather Subject: RE: Sanitary Flow code Bill, Town Board discussed it at last meeting. But,you never put the resolution on to set the public hearing. Are you going to put a resolution on for next Tuesday 7/14 to set the date for this public hearing on 8/11? Betty Elizabeth A.Neville Southold Town Clerk,Registrar of Vital Statistics Records Management Officer;FOIL Officer Marriage Officer PO Box 1179 Southold,NY 11971 Tel.631765-1800,Ext.228 Fax 631765-6145 Cell 631466-6064 From: Lanza, Heather Sent: Friday, July 10, 2020 9:42 AM To: Neville, Elizabeth Cc: Duffy, Bill Subject: Sanitary Flow code Will this be referred to Planning Board? They saw it in the paper and are wondering. Guessing there isn't much time for comment before the hearing.... Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherlosoutholdtownny.aov 1 Reso. needed for July 14t" TB Mtg! ! . O o e June 30, 2020 Town Board Meeting IV. 8 Town Attorney - Amendments to Sanitary Flow Credit. It was discussed during ,work session to set public hearing for August 11, 2020 Town Board meeting. Need Resolution from Town Attorney for next Town Board meeting on July 14, 2020 Southold Town Board -Letter Board Meeting of July 14, 2020 pgp,c p5UFF0(, RESOLUTION 2020-439 Item# 5.26 tl o� COG 7 � x y3p�* ate ADOPTED DOC ID: 16292 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2020-439 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 147 2020: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14`h,day of July, 2020, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117,Development Rights, Transfer of, in connection with Sanitary Flow Credits" now,therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 11" day of August, 2020 at 3:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development RilZhts, Transfer of, in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2020 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to improve the transfer of sanitary flow credits in support of affordable housing projects, as well as dealing with,impacts to the public's health, safety and welfare that result therefrom. H. Chapter 117 of the Code of the Town of Southold is hereby amended to include the underlined words and removal of struck through portions as follows: § 117-3 Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Unabridged (or the latest edition). Generated July 17, 2020 Page 39 Southold Town Board - Letter Board Meeting of July 14, 2020 ELIGIBLE PROJECT The following projects are eligible to receive sanitary flow credits: 1. Projects located in a receiving district that are permitted uses in the zoning district in which the subject property is located. 2. Projects in an Affordable Housing Zoning District; 3. Town of Southold municipal buildings. SANITARY FLOW RIGHT-The right to discharge to the groundwater 300 gallons of wastewater per day pursuant to the Suffolk County Sanitary Code. RECEIVING DISTRICT -An area of the Town that is desirable to be'developed more intensively than areas outside the district. RECEIVING PARCEL -Land within a receiving district to which sanitary flow generated from one or more sendingparcelsare transferred. TRANSFER OF SANITARY FLOW CREDITS - Sanitary flow shall be transferred from a lot,parcel or area of land to another area of land in one or more receiving districts at rate of three hundred (300) gallons per day (gpd) of flow. A sanitary flow credit shall correspond to per twenty thousand (20,000) square feet of lot area which is the equivalent of three-hundred (300) gallons per day (GPD) flow (e.g., a,one (1) acre lot in an R-40 zone could send two (2) density flow credits). SENDING DISTRICT -An area of the Town that is desirable to be preserved as open space. SENDING PARCEL - Land from which sanitary flow credits are severed for use in one or more receiving areas in the Town of Southold.' TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from-one lot,parcel, or area of land in any sora;rb ais*ri^* to another lot,parcel, or area of land in one or more receiving districts. § 117-4 Applicability; general prohibitions. A. ,Applicability. Any and all sanitary flow credit-transfers within the Town of Southold shall be in accordance with this chapter. B. Generalprohibitions. (1) If not expressly permitted within this chapter; the transfer of sanitary flow credits is prohibited. (2) All transfers of sanitary flow crcdits from parcels located outside of the Town of Southold's boundaries are prohibited. (3) All'transfers of sanitary flow credits from or to properties that are not recognized pursuant to § 280-9 of the Town Code or that do not contain sufficient buildable land area, as defined in § 280-4 of the Town Code, are prohibited. Generated July 17; 2020 Page 40 Southold Town Board - Letter Board Meeting of July 14, 2020 § 117-5 Sanitary flow credit bank. The Town hereby establishes a sanitary flow credit bank (SFC bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the SFC bank is a sanitary flow credit. B. The lands from which sanitary flow credits are to be transferred into the bank were aeqi ;,oa shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6 Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC bank and later sell those credits for use exclusively in ^,nfle^t;^r wit aff^ d b,le bousiR9 on parcels within a receiving district. The sale price of the credits shall be determined by resolution of the Town Board, and such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community shall be considered. All transfers of sanitary flow credits within the Town of Southold must pass through the SFC bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any land designated as General Business (B) Hamlet Business (HB) or Residential Office (RO), or land designated as an Affordable Housing District (AHD) after March 1, 2005. (3) Sending and receiving areas shall be in the same groundwater management zone. (4) Nothing herein shall prevent the transfer of sanitary flow credits from a lot, parcel or area of land within a receiving district to another lot, parcel or area of land within the same receiving district B. Designation of development rights. A development fight, for-the purposes of this hapten- shall be limited to a sanitar-y flew edit B. Project Criteria. (1) In order to qualify for the transfer of sanitary flow, a project must be an "eligible project" as defined in section 117-3, (2) For any mixed use project that includes housing, at least half of the dwelling units proposed must be proposed as affordable housing units as Generated July 17, 2020 Page 41 Southold Town Board - Letter Board Meeting of July 14, 2020 defined by section 280-30. (3) For any project that is strictly a proposed residential project, all of the dwelling units must be proposed as affordable dwelling units as defined by section 280-30. § 117-7 Determination of credits to be deposited; duties of Clerk. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, the sanitary flow credits from the property shall be placed into the Town SFC bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in'the Town database and geographic information system (GIS). § 117-8 Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred.No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County, or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. § 117-9 Procedure for transfer from bank to receiving district. Upon application by-the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating'to change-of-zone applications. B. The Town'Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector-to prepare an official report regarding the proposed transfer, including the Planning Board Generated July 17, 2020 Page 42 Southold Town Board - Letter Board Meeting of July 14, 2020 recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board shall consider the factors set forth in § 117-7E below in its report and recommendations. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development.,,hieh ; possible uncle,-the tT-a sf of development rights pr-ovisien,that would result from the posed transfer of sanitary credits, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection; that there will be no significant environmentally damaging consequences; and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. F. The Town Board may condition the transfer of sanitary flow credits on the applicant filing covenant and restrictions against the receiving parcel imposing conditions on the receiving parcel that the Town Board deems appropriate and necessary to ensure that the criteria in paragraph "E" of this section are met. In projects involving affordable housing the applicant shall be required to file covenants and restrictions stating that the affordable housing created shall remain affordable in perpetuity, EG. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said districts to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. GH. Following the public hearing,the Town Board may, by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit-certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covcnants and restrictions as set forth at § 117-11 have been filed and such filing has been approved by the Town Attorney. § 117-10 Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. Generated July 17, 2020 Page 43 Southold Town Board -Letter Board Meeting of July 14, 2020 B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. § 117-11 Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter,the applicant shall file in the office of the Suffolk County Clerk any required covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that 1)the criteria for approving the transfer of sanitary flow credits contained in paragraph "E" of section 117-09 are met, 2) than any affordable the dwelling unit created by the transferred credit remains affordable in perpetuity and 3)that the affordable dwelling unit shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry.-, and 4) that the The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33, Affordable Housing (AHD)District, and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution.No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion in the Town database. § 117-12 Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution following a public hearing after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. Generated July 17, 2020 Page 44 Southold Town Board - Letter Board Meeting of July 14, 2020 § 117-13 Expiration. Any sanitary flow credit transferred to a recipient for construction of an affordable dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-101). § 117-14 Return of credit to bank. In the B, HB or RO Zoning Districts, a property owner may apply to the Town Board to return the transferred sanitary flow credit-to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Public Hearings,Notice of. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-101). III. SEVERABILITY., If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Generated July 17; 2020 Page 45 Rudder, Lynda _ From: Lanza, Heather Sent: Thursday, August 27, 2020 9:31 AM To: Duffy, Bill; Silleck, Mary; Neville, Elizabeth; Rudder, Lynda Subject: Local Law Sanitary Flow Credits-minor errors need fixing before filing the law. Hi Bill, Just a reminder that there are errors and clarifications in the local law that you said you would fix before it gets filed because they can be considered"scriveners error" (not sure I spelled that correctly). Here is the list: 1. Definitions Section a. Receiving District is defined generally in Definitions, but much more specifically in Section 117- 6 A, however nothing connects the two. Should there be reference to Section 117-6 A in the definitions?...e.g. " as designated in Section 117-6 A..." or something like that? b. "Sanitary flow credit" is not defined c. TRANSFER OF SANITARY FLOW CREDITS is defined twice in,two different ways d. Sending Parcel definition needs clarification. "Receiving areas" are defined as "Receiving Districts". That language should be consistent. Also to be consistent with the way Receiving parcels are defined, the word"transfer" should be incorporated into the definition. i. Suggested edits: Land from which sanitary flow credits are severed and transferred for use in one or more receiving districts in the Town of Southold. 2. Section 117-6. B. 1, 2 & 3. Missing the typical notations for code sections.. Identify the code section as Town Code and use the symbol for section. "§ 280-30" 3. Section 117-11 A. has the phrase "any required" added to it. Are there situations that always require C&R's and some that don't?Needs clarification. Section 117-11 B suggests there are always C&R's. Thanks. Heather Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 i Phone: (631)765-1938 E-mail: heatherl(&southoldtownny.aov 2