HomeMy WebLinkAboutResolutions #2023-1009 & 1010 OFFICE � �r:� ��s��:���-,��.�
w MAILING ADDRESS:
Town Hall Annex � m'° P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman
Members of the Planning Board
Date: January 12, 2024
Re: Local Law in relation to Amendments to Chapters 280 Zoning, regarding Fees.
The Planning Board supports the proposed code amendment. Removing the actual fee amounts
from the code will allow the Town Board to evaluate conditions when necessary and respond
with fees that are relevant to changing costs over time
The Planning Board appreciates the opportunity to comment on this local law. Please contact the
department with any questions.
cc. Paul DeChance, Town Attorney
I IPagc
Town Hall Annex MAILING ADDRESS:
OFFICE LOCATION. •^- � "'�"�`w°" P.O. Box 1179
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54375 State Route 25 Southold, NY 11971
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(cor.Main Rd. &Youngs Ave.) �" "
Southold, NY CA �w Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman J .
Members of the Planning Board
Date: March 13, 2024
Re: Local Law in relation to Amendments to Chapters 240 Subdivision of Land
Requiring Moderate Income Family Dwelling Units to be built
The Planning Board supports the proposed code amendment to remove the options to building
the affordable homes in subdivisions.
Background
The current Town subdivision code, in Chapter 240, was adopted in 2004. The most notable
changes to the subdivision rules that occurred in that 2004 update were the creation of two main
categories of subdivision, standard and conservation subdivisions, and the requirement that
twenty percent of the yield on standard subdivisions had to be made affordable.
Subdivision Code Summary
The two main types of subdivisions are outlined in more detail below:
1. Standard Subdivisions
a. Maximum number of lots allowed by zoning;
b. Required 60% open space for parcels>7 acres;
Southold Town Planning Board Page E 2 March 13,2024
c. 20% of the lots must be for moderate income family dwelling units (aka affordable or
community housing).
2. Conservation Subdivisions
a. Number of lots reduced by 60 or 75%;
b. Required open space or farmland preservation increased to 80 or 75%;
c. Town buys the open space or farmland development rights;
d. No affordable homes required.
The Town Board sets the selling price for any potential affordable homes each year calibrated to
three different income levels. And once created, those homes would be offered by lottery to
people on the Town's affordable housing registry list.
If a developer prefers not to build the affordable homes in the subdivision, the code offers
several options. These include the following:
• The developer can buy out up to 100%
o Current rate = $390,750 per house not built.
r Set by Town Board each year.
o Allowed to build market-rate homes instead.
+ The developer can opt to build them elsewhere and then build the subdivision entirely at
market rate.
* The developer can provide vacant land to the Town or a non-profit like a community land
trust to develop the affordable homes.
Results from the Current Subdivision Code for New Community Housing
After twenty years of these requirements being on the books, the results have been unsuccessful
in creating new community housing. There have been two buyouts, representing 14 units of
affordable housing that were not built. One buyout was from a standard subdivision of 12 homes
(2 affordables required), and the other from a legal settlement for the Harvest Pointe
Development (12 affordables required). Between 2017 and 2023, the Town received$1,424,750
into its Housing Fund as result of those buyouts.
To date, no affordable homes have been created from that fund. The second option in the code to
build elsewhere has never been attempted or proposed. The third option to provide land was
attempted once unsuccessfully. During that process it became obvious that providing vacant land
was not a practical option for many reasons including the equality of the land being offered, its
location relative to the location of the subdivision, and the fact that the Town would have to
build it.
Southold Town Planning Board Page 13 March 13,2024
In summary, if we did not offer a buyout option, we would have 14 units on the ground today,
having been created in places where new construction was already happening. Removing the
options, and requiring the affordable homes be built in new subdivisions makes sense for several
reasons.
1. It results in home ownership; the model most favored by citizens.
2. It locates new affordable homes dispersed in new neighborhoods where construction is
already happening.
3. It simplifies and clarifies the expectations for new standard subdivisions.
4. There is a new steady stream of funding now in place through the Community Housing Act,
so the Town no longer needs to rely on the buyout provision to fund community housing
initiatives.
The second option to build the attainable homes elsewhere is inconsistent with our
Comprehensive Plan in that it increases density by building both the subdivision at full lot count
of market-rate homes, and the affordables. Also, in twenty years it has never been attempted.
And the third option has the same issue of increasing density, as well as the other concerns
described above.
Removing all of these options and requiring the attainable homes be built is a more certain way
to accomplish the goal of creating more housing in a way that is compatible with our community
character.
The Planning Board appreciates the opportunity to comment on this local law. Please contact the
department with any questions.
cc. Paul DeChance, Town Attorney
OFFICE LOCATION• MAILING ADDRESS:
Town Hall Annex a P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) ���
Telephone: 631 765-1938
Southold, NY
www.southoldtownny.gov
INC
ao
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman
Members of the Planning Board
Date: January 12, 2024
Re: Local Law in relation to Amendments to Chapters 240 Subdivision,regarding Fees.
The Planning Board supports the proposed code amendment. Removing the actual fee amounts
from the code will allow the Town Board to evaluate conditions when necessary and respond
with fees that are relevant to changing costs over time.
The Planning Board appreciates the opportunity to comment on this local law. Please contact the
department with any questions.
cc. Paul DeChance, Town Attorney
11Page
DENIS NONCARROW � Town Hall, 53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
SubP
P 6 R L December 20, 2023
RECEIVED Re: Resolution Number 2023-1009-A Local
Law in relation to Chapter 280 Zoning,
DEC 2 2 2023 regarding Fees
bit -6N `T6W Resolution Number 2023-1010-A Local
Planning Board
Law in relation to Chapter 240 Subdivision,
regarding fees
Donald Wilcenski, Chairman
Southold Town Planning Board
54375 State Route 25
P O Box 1179
Southold,New York 11971
Dear Mr. Wilcenski,
The Southold Town Board at their regular meeting held on December 5, 2023 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to these proposed Local Laws and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. The date and time for
these public hearing is 7:00 P.M., Tuesday, January 16, 2024. Please do not hesitate to contact
me, if you have any questions. Thank you.
Very truly yours,
(�4
e,-Y-rN
Lyti a M Rudder
Southold Deputy Town Clerk
RESOLUTION 2023-1010
ADOPTED
DOC ID: 19772
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-1010 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 2023:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 5th day of December, 2023, a Local Law entitled "A Local Law in
relation toAmendments to Chapter 240 Subdivision of Land" and now therefor 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 16tH
day of January,2024 at 7:00 PM., 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 C:ha afar 240
Subdivision of Land"reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to Amendments to Cha ter 240 Subdivision
of Land"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The purpose of this local law is to allow fees to be determined by Town Board
resolution
lI. Chapter 240 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 240-8 Fees.
B. Fee schedule; applications. All fees as determined from time to time by resolution of the
Town Board.
Subdivision Classification Application Fee Fee Per Buildable Lot
Standard subdivision
Sketch plat 000
Preliminary plat 10( ) -
Final plat $500 -
Conservation subdivision
Sketch and final plat wo $3-50
Sketch and open development map . . -
Creation of lot within ODA map X5-0
Lot line application _ -
Resolution 2023-1010 Board Meeting of December 5, 2023
§ 240-37 Administration fee.
B. This fee shall be equal to 6% an amount or percentage as determine(], by resolution of
the Town Board of the adopted final total cost of capital improvements (performance bond
estimate), including but not limited to roads, clearing and drainage.
C. When new road construction is not part of the subdivision (subdivision on an improved
road),the applicant shall pay a review fee equivalent to-K;4, 00-an amount as determined
by resolution of the Town Board per lot or 60 a percentage, as deterp1i!1g l b
resolution of the Town :Board of the bond estimate,whichever is greater.
§ 240-49 Clearing.
I. Landscaping and ground cover.
(4) Tree fee.
(a) Upon the request of an applicant, if the Planning Board makes a finding
pursuant to this chapter that the proposed subdivision presents a proper
case for requiring trees to be planted for screening or landscaping
purposes, but that a suitable location for said plantings does not exist, or it
is otherwise impracticable, the Planning Board may permit the applicant to
pay a sum of money in lieu thereof`: The fee shall he as follows.
[1] Not, less than w . an amount as determined by resolution of
the Town Board, nor more than.$-M an amount as determined
by resolution of the Town Board per tree,based on caliper,that
would have been required for screening or landscaping purposes.
§ 240-53 Reservation of parkland on subdivision plats containing residential units.
G. Park and recreation fee.
(1) If the Planning Board makes a finding pursuant to this chapter that the proposed
subdivision plat presents a proper case for requiring a park or parks suitably
located for playgrounds or other recreational purposes, but that a suitable park or
parks cannot be properly located on such subdivision plat,the Planning Board
may require a sum of money in lieu thereof. The fees shall be as follows:
(a) Standard subdivision-47-,000- An amount as determined by resolution of
the'town Board er lot.
(b) Conservation subdivision: M`. ,. n amount as determined b
resolution of the Town Board per lot.
(c) Affordable housing district: none.
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 Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Denis Noncarrow
Updated: 12/6/2023 11:06 AM by Lynda Rudder Page 2
Resolution 2023-1010 Board Meeting of December 5, 2023
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Evans, Russell
ABSENT: Jill Doherty
Updated: 12/6/2023 11:06 AM by Lynda Rudder Page 3
RESOLUTION 2023-1009
ADOPTED DOC ID: 19771
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-1009 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 5, 2023:
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 51 day of December, 2023, a Local Law entitled "A Local Law in
relation to Ain endments to Clea ter 280 Zonijjj" and now therefor 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 16th
day of January,2024 at 7:00 PM., 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 Cha ter 280
;honing"reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280 Zor�in
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The purpose of this local law is to allow fees to be determined by Town Board
resolution.
II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the
underlined words and remove the struck through words as follows:
§ 280-74 Application fees and requirements.
A. Fees. The following list of fees are in place of those required in other sections of the Code.
The fee amounts are as determined by Town Board resolution.
(1) Building permit application fees.
(a) Modification of existing wireless failit450.
(b) New wireless facility.! $750.
(2) Site plan application fees.
(a) Modification of existing wireless facilit .$4-j4G,l.
(b) New wireless facility:
(3) Special exception application fee.Sl-,4N.
(4) Review by independent consultants.
(a) The Town may hire any consultant(s) and/or expert(s)necessary to assist
the Town in reviewing and evaluating the application, including the
construction and modification of the site, once permitted, and any site
inspections. Said An escrow account shall be funded by the applicant with
Resolution 2023-1009 Board Meeting of December 5, 2023
an initial deposit ot-S&,400 as determined by the Planning Bo rd and
based upon an estimate provided by the consultant(s). No
application shall be considered complete for review purposes until an
escrow account is established and funded.
(b) Withdrawals from said escrow account may be made from time to time to
reimburse the Town for the cost of its consultants' professional review
services actually incurred in connection with the review of any application
including where applicable, the lease negotiation,the preapproval
evaluation, and the construction and modification of the site, once
permitted.
and4he-ai*ieai,A-shal1
dee med.-neees-,afj,-t4i�-14mnisi 43,aar-d. The applicant shall remain
responsible for all costs of outside consultants in the event that said
escrow deposit is exhausted. If such account is not replenished within
30 days after the applicant is notified in writing of the requirement for
such additional deposit, the Planning Board may suspend its review of the
application.
§ 280-138 Fee schedule for site plan applications.
A. The fee for new site plan applications, including without limitation applications relating to
vacant sites or sites with no previously approved site plan, shall be a flat fee of$500 as
determined by rCsolution, of the,town Board plus an additional$50 fee as determined
by resolution of the Town Board for each acre (or fraction thereof) in excess of the first
acre, plus$440 an additional fee as determined by resolution of the Town Board for
cacti gross square foot of proposed construction.
B. The fee for amended site plan applications shall be a flat fee(44S-2-50 as determined by
resolution of the Town Board plus SOAdetermined b —
-v rcsolution
of the Town Board for each gross square foot of'proposed construction in excess of the
square footage of construction included in the previously approved site plan,
C. The,fee for agricultural site plan applications, excepting retail winery operations, shall be a
flat fee o14400, as determined by resolution of the Town Board.
D. The fee for new site plan applications for commercial solar energy production systems
pursuant to §§ 280-58B(I.0) and 280-6211(l.0) shall be aflat fee determined bX
resolution of the Town Board, and the fee for an amendment to a site plan application for
commercial solar energy production systems shall be&Q2-,O(A-Y.As determined by resolution
of the Town Board.
111. 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 Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Updated: 12/6/2023 11:03 AM by Lynda Rudder Page 2
Resolution 2023-1009 Board Meeting of December 5, 2
023
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa,Doroski, Mealy, Evans,Russell
ABSENT: Jill Doherty
Updated: 12/6/2023 11:03 AM by Lynda Rudder Page 3