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HomeMy WebLinkAboutRID 2003 RECEIVED So.th,aid Town Cler~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT d. OAFFNEY SUFFOLK COUNTY EXECLmVE October 28, 2003 THOMAS ISLES, AICP DIRECTOR OF PLANNING Town Clerk Town of Southold Gentlemen: Application of the Town Board to create a Rural Incentive District in the Town of Southold (Resolution #708). Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. 1. A copy of the notice of public hearing; and 2. Recommendations of the Town Planning Board; Very truly yours, Thomas Isles Director of Planning GGN:cc S/s Gerald G. Newman Chief Planner ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOP~IATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re: #708 resolution regarding a proposed Local taw in relation to the creation of a "Rural Incentive District" Martin Sidor Southold Town Land Preservation Committee 2010 Oregon Road Mattituck, New York 11952 Dear Mr. Sidor: Enclosed please find two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, Suffolk County Planning Departmem, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGIST~ OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 RE:#708 regarding a proposed Local Law relation to the creation of a "Rural Incentive District". in Thomas Isles, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: Enclosd please fred two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included m the original transmittal. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Please prepare an official report defining the Department of Planning's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. This proposed local law have also been sent to the Southold Planning Board, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (1) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re: #708 resolution regarding a proposed Local law in relation to the creation of a "Rural Incentive District" Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Soutbold, New York 11971 Dear Mr. Orlowski: Enclosed please find two (2) draft copies of thc "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several 6roes to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Department & Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ville t' Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVH J.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IVI2~AGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re: #708 resolution regarding a proposed Local law in relation to the creation of a "Rural Incentive District" Kenneth Crmdens New York State Agriculture & Markets 1 Winners Circle Albany, New York 12235 Dear Mr. Omdens: Enclosed please find two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, evilld Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTKAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold,.New York 11971 Fax (~31) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re: #708 resolution regarding a proposed Local law in relation to the creation of a "Rural Incentive District" Melissa Spiro, Depm'tment Head Land Preservation Department 53095 Main Road Southold, New York 11971 Dear Ms. Spiro: Enclosed please find two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 M~in Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldto~n.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re: #708 resolution regarding a proposed Local law in relation to the creation of a "Rural Incentive District" Reynold Blum, Chairman Southold Town Land Preservation Conunittee Post Office Box 151 Peconic, New York 11958 Dear Mr. Blum: Enclosed please find two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October t7, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making recommendations on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFo'~MATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 23, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Mr. Orlowski: The Southold Town Board at their regular meeting held on October 21, 2003 adopted the following resolutions: · #705 regarding a proposed Local Law to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density R-80 District; · #706 regarding a proposed Local Law to amend the existing Affordable Housing District (AHD) Law to create permanent Affordable Housing; and · #708 regarding a proposed Local Lawto create a Rural Incentive District. Certified copies of these resolutions are attached. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town l_and Preservation Department & Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK Thomas Island, Director of Planning Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting held on October 21, 2003 adopted the following resolutions: · #705 regarding a proposed Local Law to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density R-80 District; · #706 regarding a proposed Local Law to amend the existing Affordable Housing District (Al-ID) Law to create permanent Affordable Housing; and · #708 regarding a proposed Local Law to create a Rural Incentive District. Certified copies of these resolutions are attached. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southoid Town Planning Board, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Department & Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank yotr Very truly yours, Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOtLMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK Kenneth Grudens New York State Agriculture & Markets 1 Winners Circle Albany, New York 12235 Daer Mr. Gmdens: The Southold Town Board at their regular meeting held on October 21, 2003 adopted the following resolutions: · #705 regarding a proposed Local Law to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density R-80 District; · #706 regarding a proposed Local Law to amend the existing Affordable Housing District (AHD) Law to create permanent Affordable Housing; and * #708 regarding a proposed Local Law to create a Rural Incentive District. Certified copies of these resolutions are attached. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Depmht~ent & Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, . Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER · '~ RECOI~DS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 23, 2003 Melissa Spiro, Department Head Land Preservation Department 53095 Main Road Southold, New York 11971 Dear Ms. Spiro: The Southold Town Board at their regular meeting held on October 21, 2003 adopted the following resolutions: · #705 regarding a proposed Local Law to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density R~80 District; · #706 regarding a proposed Local Law to amend the existing Affordable Housing District (Al-ID) Law to create permanent Affordable Housing; and · #708 regarding a proposed Local Law to create a Rural Incentive District. Certified copies of these resolutions are attached. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Planning Board, Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, - ~¢Neville~~-~ Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION O~FICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 23, 2003 Herbert J. Adler, Jr., Chairman Land Preservation Committee Post Office Box 308 Southold, New York 11971 Dear Ms. Spiro: The Southold Town Board at their regular meeting held on October 21, 2003 adopted the following resolutions: * #705 regarding a proposed Local Law to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density R-80 District; · #706 regarding a proposed Local Law to amend the existing Affordable Housing District (AHD) Law to create permanent Affordable Housing; and · #708 regarding a proposed Local Law to create a Rural Incentive District. Certified copies of these resolutions are attached. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Planning Board, Suffolk County Planning Depathnent, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, eville' Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLEP, K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF 1NFORIVIATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 5, 2003 Re://708 resolution regarding a proposed Local law in relation to the creation ora "Rural Incentive District" Robert Van Bourgondien Southold Town Agricultural Advisory Committee Post Office Box 2 Peconic, New York 11958 Dear Mr. Van Bourgondien: Enclosed please find two (2) draft copies of the "Rural Incentive District". One prepared on 9/24/03 by Lisa Kombrink and the other prepared by Councilman William D. Moore on October 8, 2003 and amended several times to October 17, 2003. I have been advised by Councilman Wickham of the Town Board that these two (2) drafts should have been included in the original transmittal of this resolution. Please take them into consideration when reviewing and making mcommendatoos on the above referenced resolution number 708. A certified copy of this resolution is attached. Certified copies of these resolutions are attached. Please prepare an official report defining the Planning Board's recommendations with regard to this proposed local law and forward same to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board, Suffolk County Planning Department, the New York State Agriculture & Markets, the Southold Town Agricultural Advisory Committee and the Southold Town Land Preservation Committee for their review. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney DRAFT 9/24~03 RURAL INCENTIVE DISTRICT Section 1. Amend Chapter 100 by creating a new Article XX, as follows: Sec. iO0-XX. Purpose. Open space and farmland constitute one of the components of the Town of Southold's rural character. These areas provide the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's Master Plan over the past 20 ~ years have recognized this value and have recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve open space and farmland through the use of a variety of conservation tools, including purchase of development rights, outright purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust and the Nature Conservancy, to further its efforts. In addition, the Town has made use of various long and short-term funding options to purchase interests in open space and farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. Despite these initiatives, the Town's rural character remains at risk. Growing economic and development pressures threaten to consume the remaining resources. The Town Board recognizes that preservation efforts must continue, indeed intensify, in accordance with the Town's tqaster Plan. ¢~ (~ Additional funds must be acquired, and if possible, leveraged, to enable the Town to continue to purchase interests in open space and farm[and and retain the Town's rural character. The Town Board determines that these efforts can best be accomplished through a number of legislative initiatives, including the Rural Incentive District ("RID"). This local law creates a new Planned Development District, or floating zone classification. Known as the Rural Incentive District ("RID'), the RID is intended to encourage the preservation and conservation of open space and farmland, while preserving land equity. It is also intended to provide the Town ('a mechanism ~p~'which it canlacquire and accumulate monies for the purchase of these lands. New York State Town Law Section 261-b provides the framework to accomplish this. If property is rezoned to the RID designation, the landowner and the Town will enter into a minimum 10-year preservation easement, during which the land, depending on its currei~t use, will remain either as open space or as farmland (as defined in Section 301 of the Agricultural and Markets Law). During this time the Town, as welt as other governmental agencies and preservation organizations, can explore a number of preservation options with the landowner, including purchase of development rights, transfer of development rights or outright acquisition. Procedures at the Town Level are established for negotiations, as well as restrictions for use and development to the exclusion of the underlying zoning district. Certain incentives are also offered to preserve equity, as well as to encourage continued agricultural production as a principal use, 100-XX. Definitions. The terms and words used in this Article shall be given the meaning and uses as defined in this Chapter, or if not defined, those generally attributable to them in other sections of this Chapter. 100-XX. Classification. A. The Rural Incentive District (RID) is established as a Planned Development District pursuant to Town Law Section 261-b. B. The RID classification may be considered on a floating zone basis. Upon rezoning to the RID classification, all principal and accessory uses listed in the RID are permitted in the previous underlying zoning district(s). In each case, the restrictions, controls and incentives of the RID shall apply to the exclusion of the underlying zoning classification. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. 100-XX. Requirements for Consideration. A. A parcel shall be ten (10) acres in size or more, and may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of additional contiguous land, less than l0 acres in size, to property already in the RID classification. B. A parcel must be used for agricultural production, as defined in Section 301 of the Agricultural and Markets Law, or for open space. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. Properties which fail to provide such a benefit, or those covered with a significant amount of permanent structures shall not be eligible. 100-XX. Zoninq Approval. The Town Board may rezone land from that of the underlying zoning district to the RID classification upon written application of the landowner pursuant to this Article. 100-XX. Application and review procedure. A. Application. An applicant shall submit 2 copies of the following to the Town Board: 1. Application form approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deed(s); 3. Survey or map showing areas to be included within the proposed RTD, and any improvements on the property. Referral. After receipt of a complete application, the Town Board shall refer the application to the Planning Board, Land Preservation Committee and the Agricultural Advisory Committee, if applicable, for review and recommendation. The Planning Board and other committees shall provide a report within thirty (30) days of the date of the meeting at which the referral is received. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of its 30-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board and the Planning Board. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the rezoning. In preparing its report, the Planning board shall take into account the recommendations of the GEIS and supporting documents, the studies contained in the Master Plan, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. ][f the Planning Board recommends disapproval, its report shall provide detailed reasons for the disapproval. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application, with the same notice prescribed for zoning amendments, Town Board Action. Within thirty (30) days of the closing date of the public hearing, the Town Board shall either approve or disapprove the rezoning. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, if applicable, and the applicant. SEQRA. The Town Board shall deem each request for the rezoning to RID to be a Type i action, but in making its determination of significance, the Board shall consider the Town's GElS and its analysis of the impacts of rezoning to RID. 100-XX. Conditions for Approval. A. Easement. 1. Following a public hearing and approval of the rezoning by resolution pursuant to Chapter 100 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall offer a Preservation Easement (the "Easement") to the Town. The Town may accept such an Easement, which shall include the following: a. An agreement that the property will remain undeveloped, or in agricultural production as defined by Section 301 of the Agricultural and Markets Law, as the case may be, for a minimum of ten (10) years, except as provided in Section iO0-XX; b. Restrictions regarding permitted principal and accessory uses on the property; c. Restrictions for the construction of principal and accessory structures on the property; d. Procedures limiting any subdivision of the property to a Conservation Subdivision; e. Density and open space incentives and residential yield, as defined in Section iO0-XX of this Article; f. Termination procedures as set forth in Section 100-XX of this Article. 2. The easement shall be in a form acceptable to the Town Attorney's office and consistent with the Town's form of Preservation Easement. 3. The easement shall be recorded in the Office of the Suffolk County Clerk. B. Permitted Uses and Structures During the Easement Period. Open Space. Lands which are not in agricultural production shall remain as open space. Certain ancillary structures may be permitted, subject to Article X of this Chapter. 2. Agricultural Lands. Lands in agricultural production shall continue to be used pursuant to this Chapter. Improvements to existing structures and the construction of new improvements are subject to the requirements of Article X of this Chapter. C. Negotiation During the Easement Period. At any time during the easement period, but in any event at least 6 months before the end of the easement period, the Town's option to purchase the development rights or fee title of all or of part of the parcel may be exercised. This option may be initiated at the option of either the Town or the landowner, by written notice to the other. The Town must obtain an appraisal at its expense [or use points-based appraisal system] and make an offer within 60 days of receipt of the written notice. The offer shall be based on an appraisal of the highest and best use of the property, and taking into account the density incentive defined in the Easement (Section 100--XX herein). If an agreement is not reached within 30 days after the offer, or if the time is not extended by mutual consent of the parties, the landowner may obtain a second appraisal, at his expense, within 30 days and continue negotiations. If a second appraisal is obtained by the landowner and the parties cannot negotiate a fair price within 30 days of receipt of the second appraisal, the parties may obtain a third appraisal from a mutually agreed appraiser. The Town shall make a final offer within 30 days after receipt of the third appraisal. If the parties fail to reach an agreement on terms, the property shall retain its RID designation until the easement expires. Upon expiration, the property shall revert to the current zoning. If the Town fails to make an offer during the easement period, the landowner may develop the property in accordance with the incentives set forth in the Easement, subject to subdivision procedures set forth in Chapter IO0-XX. An application for development must be submitted within one year after expiration of the easement. If an application is not submitted within the required time, the property shall revert to the underlying zoning in effect at that time. D. Subdivision. During the easement period, a landowner may apply to develop the property as a subdivision, pursuant to Article XX of this Chapter. The development plan must preserve at least eighty (80) per cent of the property through one or more conservation options, including, but not limited to, donation, and/or sale or transfer of development rights. During the application process, the RID shall remain in effect. E. Incentives. 1. tn consideration for lands remaining as open space or in agricultural production during the Easement, the landowner will receive an increased density incentive as follows: (Formerly A-C, R-80 or R-40): 1 dwelling unit per 80,000 square feet; This density incentive shall be used for appraisal purposes in calculating the highest and best use of the property. F. Term of Easement. The minimum term shall be 10 years. A landowner may extend the Easement by filing a written notification with the Town Clerk at least six (6) months before the expiration of the initial ten (10) year term. A landowner may request early termination of the Easement by filing a written request with the Town Clerk no sooner than 7 years following the date of the Easement. The Town Board shall hold a public hearing upon notice, and may, in its discretion, grant such a request upon a showing of undue hardship or extraordinary circumstances, including but not limited to death, illness or catastrophic economic loss. The landowner may also request development according to the density set forth in the RID. The Town Board may, at its discretion, grant this additional request. G. Article 78 Procedure. A person aggrieved by a decision of the Town Board or the Planning Board under this Article may file an Article 78 proceeding. Such proceeding shall be commenced within 30 days of the filing of the decision with the office of the Town Clerk. Section 2. Severability. If any clause, sentence, paragraph, section or part of this Local Law, now or as it may be amended, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3. Effective Date. This Article shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. MEMORANDUM FOR DISCUSSION ITEM IV To: From: Date: Subject: Southold Town Board William D. Moore October 17, 2003 Rural Incentive District Enclosed please find a draft of a local law to creat~e a R~I Incentive District, a part of the Comprehensive Implementation Strategy we~he first draft provided by Lisa Kombrink, Esq. forms the foundation of this proposal. I have provided her with this draft for her review, and have asked her to provide her input prior to our meeting on Tuesday. 8 October 2003 3:21 PM Amended 9 October 2003 12:27 PM Amended 10/11/2003 6:18 AM Amended 10/17/03 11:16:07 AM RURAL iNCENTIVE DISTRICT Section 1. Amend Chapter 100 by creating a new Article XX as follows: Sec.100-XX Purpose Farmland and the agricultural industry constitute one of the critical components of the Town of Southold's rural character. Farmland provides a cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies done by the Town as part of its comprehensive planning over the past 20 years have recognized this value and recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, including the purchase of development rights, outright fee title purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels and with conservations groups to further its efforts. In addition, the Town has a 20year record of supporting preservation land purchase by making use of various long and short-term funding options to purchase interests in farmland, such as the voter-approved Community Preservation Fund (CPF) transfer tax through the year 2020, voter-approved bonds and grants. The CPF legislation, which authorizes the prioritization of land use preservation efforts, directs that farmland shall be given the highest priority. Despite these initiatives, the Town's rural character and quality of life remains at risk. The Town Board recognizes that preservation efforts must continue, indeed intensify, in accordance with the Town's comprehensive planning goals. Future funds must be leveraged, to enable the Town to continue to purchase interests in farmland and reta/n the Town's rural character. The Town Board determines that these efforts can best be accomplished through a number of legislative initiatives, including zoning changes and a Planned Development District ("PDD"), or floating zone classification. This PDD shall be known as the Rural Incentive District ("RID"), and shall be intended to encourage the maximum preservation of farmland while protecting operating farms against uncertainty that may be created through the implementation of land use regulations. It is also intended to provide the Town with time by which it can accumulate monies for the purchase of development fights from these lands. New York State Town Law section 261-b provides the framework and statutory authorization to accomplish these goals. If property is rezoned to the RID designation, the landowner and the Town shall enter into a minimum 1 O-year preservation easement, during which the land will remain as agricultural land as defined in Section 25-30 of the Code of the Town of Southold. During this time, the Town, as well as other governmental agencies and preservation organizations, can explore a number o£ preservation options with the landowner including purchase of development rights or outright acquisition. Procedures at the Town level are established for the negotiation process, as well as restrictions on use and development to the exclusion of the underlying zoning district. Certain incentives also are offered to 2 provide a baseline of collateral certainty, as well as to encourage continued agricultural production as a principal use. 100-XX Definitions: The terms and words used in this Article shall be given the meaning and uses as defined in this Chapter, or if not defined, those generally attributable to them in other sections of this Chapter. 100-XX Classification A. The Rural Incentive District (RID) is established as a Planned Development District pursuant to Town Law section 261-b. B. The RID classification is a floating zone. Upon rezoning to the RID classification, all principal and accessory uses listed in the RID are permitted in the underlying zoning district(s). In each case, the restrictions, controls and incentives of the RID shall apply to the exclusion of the underlying zone classification. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. 100-XX Requirements for Consideration A. A parcel must be identified on the 2003 Suffolk County Tax Map and 1999 Farm and Farmland Inventory as such Farm Inventory may be amended from time to time. B. A parcel must be used for agricultural production, as defined in section 25-30 of the Code of the Towif of Southold. 3 C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. Properties which fail to provide such a benefit shall not be eligible. 100-XX Zoning Approval The Town Board may rezone land which meets the Requirements for Consideration criteria of section 100-XX from that of the underlying zoning district to the RID classification upon written application of the landowner pursuant to the terms of this Article. 100-XX A. Application and Review Procedure Application. An applicant shall submit 2 copies of the following to the Southold Town Clerk: 1. Application form approved by the Town Board, including the name of the owner and/or applicant, description of the current use of the property and the disclosure affidavit. There shall be no fee for the filing of the application. The application shall provide the terms and conditions of a standard Preservation Easement which is subject to further terms and conditions as may be appropriate for a particular piece of property. 2. 3. Deed(s) Survey or map showing areas to be included within the proposed RID, and any improvements on the property. B. Referral. After receipt of a complete application, the Town Clerk shall put the petition on the agenda of the next regularly scheduled public meeting of the Town Board which shall refer the application immediately to the Planning Board, the 4 La.nd Preservation Committee ,the Agricultural Advisory Committee, and the Suffolk County Planning Commission for review and recommendation. The Town Advisory Committees shall forward their report to the Town Planning Board within 30 days of their receipt of the petition. The Planning Board shall provide a report within 45 days of the date of the meeting at which the referral is received. The Planning Board report shall take into consideration and make express reference to the reports received fi.om the Town Advisory Committees. No action shall be taken by the Town Board tmtil receipt of the Planning Board report or the expiration of its 45 day review period, whichever first occurs. The review period may be extended by mutual consent of the applicant, the Town Board and the Planning Board. C. Planning Board Report. The Plauning Board may recommend approval, approval with conditions, or disapproval of the rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Comprehensive Implementation Strategy of August, 2003 which was adopted by the Town Board September 9, 2003 and the Findings Statement which was adopted by the Town Board on September 23, 2003 and supporting documents, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surrotmdings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. If the Planning Board recommends disapproval, its report shall provide detailed reasons for the disapproval. D. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Plarming Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application, with the same notice prescribed for zoning amendments. E. Town Board Action. Within thirty (30) days of the closing date of the public heating, the Town Board shall either approve or disapprove the rezoning. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. F. New York State Environmental Quality Review Act and shall consider in making its determination, the Town's Comprehensive Implementation Strategy and its analysis of the impacts of RID zoning 100-XX Conditions for Approval A. Easement: 1. Following a public heating and approval of the rezoning pursuant to Chapter 100 of the Town Code and chapter 247 of the General Municipal Law, the landowner shall offer a Preservation Easement (the "Easement") to the Town. The rezoning to RID shall be subject to and contingent upon the landowner and the Town reaching agreement on all of the terms and conditions of the Easement within 45 days of the Town Board's affirmative vote to grant RID zoning on a subject property. In the event that such agreement is not met, and an Easement executed in recordable form, the rezoning to RID shall be null and void and of no SEQRA The Town Board shall follow the procedures set forth in the 6 legal effect on the property. The Town may accept such an Easement, which shall include the following: a. An agreement that the property will remain undeveloped, or in agricultural production as defined in section 25-30 of the Code of the Town of Southold for a minimum of ten (10) years, except as provided in Section 100-XX. The easement will be extended automatically from year to year at the end of the initial ten year term unless the landowner provides written notification of the landowner's intent to terminate the easement. Notice must received at least one year prior to the expiration of the initial easement term or any extension thereof. b. Restrictions regarding permitted principal and accessory uses on the property; c. Restrictions for the construction ofpr/ncipal and accessory structures on the property d. Preservation incentives, as defined in Section 100-XX of this Article; Termination procedures as set forth in Section 100-XX of this Article. 2. The easement shall be in a form acceptable to the Town Attorney's office and consistent with the Town's form of Preservation Easement used with the purchase of development rights program. 3. The easement shall be recorded in the Office of the Suffolk County Clerk and a certified copy of the recorded easement shall be filed with the Office of the Southold Town Clerk. B. Permitted Uses and Structures During the Easement Period Lands within the RID shall continue to be used pursuant to this Chapter. The Easement shall include a requirement that fallow farmland shall be mowed to prevent succession. Improvements to existing structures and the construction of new improvements are subject to the requirements of Article XX of this Chapter. C. Incentives: In consideration for lands remaining in the RID, the landowner will receive an incentive in the form of a density bonus to be applied at such time as the owner completes the sale and / or preservation conveyance of all development rights (including any affordable housing density incentive) on land in RID zoning to the Town or other such entity acceptable to the Town under the criteria, terms and conditions of the Town's Purchase of Development Rights Program. The density incentive shall be used solely for appraisal purposes in calculating the highest and best use of the property to encourage landowners to sell or do a preservation conveyance of their development fights to the Town or such other entity / designee acceptable to the Town. It is not a density bonus for any other purpose whatsoever. Within a property zoned RID, a landowner may reserve one building lot for an existing farmhouse, or, where no dwelling exists, for a single building lot based on the underlying zoning and still remain eligible for the incentive bonus. No development rights shall be purchased from such reserved portion. I. Terms of Incentive Standard Incentive: The Town shall grant a landowner a twenty-five percent (without any credit whatsoever for any partial lot created therefrom) density bonus based on the underlying zoning or five (5) acre zoning whichever is the lesser density plus any affordable housing density incentive available at such time based on the entire parcel of land ergolled at the time the land is zoned to the RID designation. Early Enrollment Incentive for Qualified Owner- Occupied Farmland. As an additional incentive to encourage participation in and application for RID zoning, any land and landowner which meets the criteria for enrollment in RID zoning and which meets all of the following criteria shall be defined as a Qualified Owner-Operator of Farmland: (i) has been actively engaged in agricultural production as defined in section 25-30 for a period of no less than 1 (1) year prior to the effective date of this legislation; and (ii) said agricultural production has been by a landowner actively engaged in said agricultural production using said land as a location of his principal business on the subject farmland. A 9 Qualified Owner-Occupant of Farmland shall be entitled to the following incentive to apply for RID zoning provided such qualifying landowner submits a complete RID zoning application to the Town Board within six months of the effective date of this local law: At the time such Qualified Owner-Occupant elects to sell or convey all of the development rights to the land within the RID, such owner may elect either of two appraisal computations: (1) The then current appraised value using the standard incentive defined herein above or (2) The appraised value of the RID land as of October, 2003 prior to the enactment of Local Law # without using the standard incentive set forth above. Negotiation During the Easement Period 1. At any time during the easement period, but in any event at least 6 months before the expiration of the easement period, The landowner or the Town may initiate the negotiation of the sale or preservation conveyance of the development rights to the land contained within the RID by giving written notice of the desire to enter into negotiation for such sale or transfer. All negotiations including all offers, and the acceptance or rejection of such offers shall be documented in writing signed by the Owner and the Town. 2. The Town must obtain an appraisal at its expense and make an offer to purchase the development rights offered for sale. The offer shall be l0 based on an appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement. If an agreement is not reached within 30 days after the offer, or if the time is not extended by mutual consent of the parties, the landowner may obtain a second appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, at his expense, within 30 days and continue negotiations. This appraisal must be performed by a certified appraiser acceptable to the Town. If a second appraisal is obtained by the landowner and the parties cannot negotiate an agreed price within 30 days of receipt of the second appraisal, the parties may obtain a third appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, from a mutually agreed appraiser. The cost of this third appraisal shall be shared equally between the landowner and the Town. The Town may make a final bona fide offer within 30 days after receipt of the third appraisal. A "bona fide offer" shall be considered an offer which is at least equal to or greater than the lesser of the highest appraisal or five percent above the arithmetic mean of the three appraisals. The Town shall be provided a reasonable period of time in which to fund and complete the transaction. If the parties fail to reach an agreement on terms, the property shall retain its RID designation until the easement term expires. However, 11 the property owner may choose to terminate the easement agreement prior to the expiration of the easement term if the Town has not made a bona fide offer as defined in subsection (3) herein. Upon expiration or the earlier termination of the easement term the property shall revert to the underlying zoning in effect at such date. 5. In the event that a Qualified Owner-Occupant of farmland has elected to use the alternate appraisal method relying upon the 2003 appraisal approach, and, provided that the Town has not depleted all funds that could be available from the Community Preservation Funds or such other funds that the Town Board has dedicated for such farmland preservation, and the Town Board still does not make a final bona fide offer for the purchase of the Qualified Owner-Occupant's development rights, then, and in that event, the Qualified Owner-Occupant shall be entitled to exit the RID and the zoning of such person's farmland would revert to the zoning in effect prior to the enactment of Local Law # The Town's refusal to make a final bona fide offer must be in writing and filed in with the Town Clerk. A complete application for development must be submitted within one year from the date the Town Board refused to make a bona fide final offer to the Qualified Owner-Occupant landowner. If the complete application is not submitted within such time, the property shall revert to the underlying zoning in effect at that time. Subdivision 12 During the easement term, a landowner may apply to develop the property as a Conservation Subdivision. Such development plan must reduce the yield, based upon the underlying zoning, by at least 25 percent and must preserve at least eighty (80) pement of the property. E. Article 78 Procedure A person aggrieved by a decision of the Town Board may file an Article 78 proceeding. Such proceeding shall be commenced within 30 days of the filing of the decision of the Town Board with the office of the Town Clerk. Section 2. Non-Severability If any clause, sentence, paragraph, section or part of this Local Law, now or as it may be amended, shall be adjudged by any court of competent jurisdiction to be invalid, such.judgment shall render this entire Local Law invalid and of no force and effect. Section 3. Effective Date This Article shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. 13 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaidtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 708 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the orooosed "A Local Law in relation to Creation of a Rural Incentive District" to the Southold Town Planning Board and the Suffolk County Department of Plarming, New York State Department of Agriculture and Markets, Southold Town Agricultural Advisory Committee, the Southold Town Land Preservation Department & Committee for their recommendations and reports. Section 1. RURAL INCENTIVE DISTRICT Amend Chapter 100 by creating a new Article XX as follows: Sec. 100-XX Purpose Farmland and the agricultural industry constitute one of the critical components of the Town of Southold's rural character. Farmland provides a cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies done by the Town as part of its comprehensive planning over the past 20 years have recognized this value and recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use ora variety of conservation tools, including the purchase of development rights, outright fee title purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels and with conservations groups to further its efforts. In addition, the Town has a 20year record of supporting preservation land purchase by making use of various long and short-term funding options to purchase interests in farmland, such as the voter-approved Community Preservation Fund (CPF) transfer tax through the year 2020, voter-approved bonds and grants. The CPF legislation, which authorizes the prioritization of land use preservation efforts, directs that farmland shall be given the highest priority. Despite these initiatives, the Town's rural character and quality of life remains at risk. The Town Board recognizes that preservation efforts must continue, indeed intensify, in accordance with the Town's comprehensive planning goals. Future funds must be leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that these efforts can best be accomplished through a number of legislative initiatives, including zoning changes and a Planned Development District ("PDD"), or floating zone classification. This PDD shall be known as the Rural Incentive District ("RID"), and shall be intended to encourage the maximum preservation of farmland while protecting operating farms against uncertainty that may be created through the implementation of land use regulations. It is also intended to provide the Town with time by which it can accumulate monies for the purchase of development rights from these lands. New York State Town Law section 261-b provides the framework and statutory authorization to accomplish these goals. If property is rezoned to the RID designation, the landowner and the Town shall enter into a minimum 1 O-year preservation easement, during which the land will remain as agricultural land as defined in Section 25-30 of the Code of the Town of Southold. During this time, the Town, as well as other governmental agencies and preservation organizations, can explore a number of preservation options with the landowner including purchase of development rights or outfight acquisition. Procedures at the Town level are established for the negotiation process, as well as restrictions on use and development to the exclusion of the underlying zoning district. Certain incentives also are offered to provide a baseline of collateral certainty, as well as to encourage continued agricultural production as a principal use. 100-XX Definitions: The terms and words used in this Article shall be given the meaning and uses as defined in this Chapter, or if not defined, those generally attributable to them in other sections of this Chapter. 100-XX Classification A. The Rural Incentive District (RID) is established as a Planned Development District pursuant to Town Law section 261-b. B. The RID classification is a floating zone. Upon rezoning to the RID classification, all principal and accessory uses listed in the RID are permitted in the underlying zoning district(s). In each case, the restrictions, controls and incentives of the RID shall apply to the exclusion of the underlying zone classification. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. 100-XX Requirements for Consideration A. A parcel must be identified on the 2003 Suffolk County Tax Map and 1999 Farm and Farmland Inventory as such Farm Inventory may be amended from time to time. B. A parcel must be used for agricultural production, as defined in section 25-30 of the Code of the Town of Southold. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. Properties which fail to provide such a benefit shall not be eligible. 100-XX Zoning Approval The Town Board may rezone land which meets the Requirements for Consideration criteria of section 100-XX from that of the underlying zoning district to the RID classification upon written application of the landowner pursuant to the terms of this Article. 100-XX A. Town Clerk: Application and Review Procedure Application. An applicant shall submit 2 copies of the following to the Southold 1. Application form approved by the Town Board, including the name of the owner and/or applicant, description of the current use of the property and the disclosure affidavit. There shall be no fee for the filing of the application. The application shall provide the terms and conditions of a standard Preservation Easement which is subject to further terms and conditions as may be appropriate for a particular piece of property. 2. Deed(s) 3. Survey or map showing areas to be included within the proposed RID, and any improvements on the property. B. Referral. After receipt of a complete application, the Town Clerk shall put the petition on the agenda of the next regularly scheduled public meeting of the Town Board which shall refer the application immediately to the Planning Board, the Land Preservation Committee ,the Agricultural Advisory Committee, and the Suffolk County Planning Commission for review and recommendation. The Town Advisory Committees shall forward their report to the Town Planning Board within 30 days of their receipt of the petition. The Planning Board shall provide a report within 45 days of the date of the meeting at which the referral is received. The Planning Board report shall take into consideration and make express reference to the reports received from the Town Advisory Committees. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of its 45 day review period, whichever first occurs. The review period may be extended by mutual consent of the applicant, the Town Board and the Planning Board. C. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Comprehensive Implementation Strategy of August, 2003 which was adopted by the Town Board September 9, 2003 and the Findings Statement which was adopted by the Town Board on September 23, 2003 and supporting documents, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. If the Planning Board recommends disapproval, its report shall provide detailed reasons for the disapproval. D. Public Heating. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application, with the same notice prescribed for zoning amendments. E. Town Board Action. Within thirty (30) days of the closing date of the public hearing, the Town Board shall either approve or disapprove the rezoning. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. F. SEQRA The Town Board shall follow the procedures set forth in the New York State Environmental Quality Review Act and shall consider in making its determination, the Town's Comprehensive Implementation Strategy and its analysis of the impacts of RID zoning 100-XX Conditions for Approval A. Easement: 1. Following a public heating and approval of the rezoning pursuant to Chapter 100 of the Town Code and chapter 247 of the General Municipal Law, the landowner shall offer a Preservation Easement (the "Easement") to the Town. The rezoning to RID shall be subject to and contingent upon the landowner and the Town reaching agreement on all of the terms and conditions of the Easement within 45 days of the Town Board's affirmative vote to grant RID zoning on a subject property. In the event that such agreement is not met, and an Easement executed in recordable form, the rezoning to RID shall be null and void and of no legal effect on the property. The Town may accept such an Easement, which shall include the following: a. An agreement that the property will remain undeveloped, or in agricultural production as defined in section 25-30 of the Code of the Town of Southold for a minimum of ten (10) years, except as provided in Section 100-XX. The easement will be extended automatically from year to year at the end of the initial ten year term unless the landowner provides written notification of the landowner's intent to terminate the easement. Notice must received at least one year prior to the expiration of the initial easement term or any extension thereof. b. Restrictions regarding permitted principal and accessory uses on the property; c. Restrictions for the construction of principal and accessory structures on the property d. Preservation incentives, as defined in Section 100-XX of this Article; e. Termination procedures as set forth in Section 100-XX of this Article. 2. The easement shall be in a form acceptable to the Town Attorney's office and consistent with the Town's form of Preservation Easement used with the purchase of development rights program. 3. The easement shall be recorded in the Office of the Suffolk County Clerk and a certified copy of the recorded easement shall be filed with the Office of the Southold Town Clerk. B. Permitted Uses and Structures During the Easement Period Lands within the RID shall continue to be used pursuant to this Chapter. The Easement shall include a requirement that fallow farmland shall be mowed to prevent succession. Improvements to existing structures and the construction of new improvements are subject to the requirements of Article XX of this Chapter. C. Incentives: In consideration for lands remaining in the RID, the landowner will receive an incentive in the form of a density bonus to be applied at such time as the owner completes the sale and / or preservation conveyance of all development rights (including any affordable housing density incentive) on land in RID zoning to the Town or other such entity acceptable to the Town under the criteria, terms and conditions of the Town's Purchase of Development Rights Program. The density incentive shall be used solely for appraisal purposes in calculating the highest and best use of the property to encourage landowners to sell or do a preservation conveyance of their development rights to the Town or such other entity / designee acceptable to the Town. It is not a density bonus for any other purpose whatsoever. Within a property zoned RID, a landowner may reserve one building lot for an existing farmhouse, or, where no dwelling exists, for a single building lot based on the underlying zoning and still remain eligible for the incentive bonus. No development rights shall be purchased from such reserved portion. 1. Terms of Incentive a. Standard Incentive: The Town shall grant a landowner a twenty-five percent (without any credit whatsoever for any partial lot created therefrom) density bonus based on the underlying zoning or five (5) acre zoning whichever is the lesser density plus any affordable housing density incentive available at such time based on the entire parcel of land enrolled at the time the land is zoned to the RID designation. b. Early Enrollment Incentive for Qualified Owner-Occupied Farmland. As an additional incentive to encourage participation in and application for RID zoning, any land and landowner which meets the criteria for enrollment in RID zoning and which meets all of the following criteria shall be defined as a Qualified Owner-Operator of Farmland: (i) has been actively engaged in agricultural production as defined in section 25-30 for a period of no less than 1 (1) year prior to the effective date of this legislation; and (ii) said agricultural production has been by a landowner actively engaged in said agricultural production using said land as a location of his principal business on the subject farmland. A Qualified Owner- Occupant of Farmland shall be entitled to the following incentive to apply for RID zoning provided such qualifying landowner submits a complete RID zoning application to the Town Board within six months of the effective date of this local law: At the time such Qualified Owner-Occupant elects to sell or convey all of the development rights to the land within the RID, such owner may elect either of two appraisal computations: (1) The then current appraised value using the standard incentive defined herein above or (2) The appraised value of the RID land as of October, 2003 prior to the enactment of Local Law # without using the standard incentive set forth above. Negotiation During the Easement Period 1. At any time during the easement period, but in any event at least 6 months before the expiration of the easement period, The landowner or the Town may initiate the negotiation of the sale or preservation conveyance of the development rights to the land contained within the RID by giving written notice of the desire to enter into negotiation for such sale or transfer. All negotiations including all offers, and the acceptance or rejection of such offers shall be documented in writing signed by the Owner and the Town. 2. The Town must obtain an appraisal at its expense and make an offer to purchase the development rights offered for sale. The offer shall be based on an appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement. If an agreement is not reached within 30 days after the offer, or if the time is not extended by mutual consent of the parties, the landowner may obtain a second appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, at his expense, within 30 days and continue negotiations. This appraisal must be performed by a certified appraiser acceptable to the Town. 3. If a second appraisal is obtained by the landowner and the parties cannot negotiate an agreed price within 30 days of receipt of the second appraisal, the parties may obtain a third appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, from a mutually agreed appraiser. The cost of this third appraisal shall be shared equally between the landowner and the Town. The Town may make a final bona fide offer within 30 days after receipt of the third appraisal. A "bona fide offer" shall be considered an offer which is at least equal to or greater than the lesser of the highest appraisal or five percent above the arithmetic mean of the three appraisals. The Town shall be provided a reasonable period of time in which to fund and complete the transaction. 4. If the parties fail to reach an agreement on terms, the property shall retain its RID designation until the easement term expires. However, the property owner may choose to terminate the easement agreement prior to the expiration of the easement term if the Town has not made a bona fide offer as defined in subsection (3) herein. Upon expiration or the earlier termination of the easement term the property shall revert to the underlying zoning in effect at such date. 5. In the event that a Qualified Owner-Occupant of farmland has elected to use the alternate appraisal method relying upon the 2003 appraisal approach, and, provided that the Town has not depleted all funds that could be available from the Community Preservation Funds or such other funds that the Town Board has dedicated for such farmland preservation, and the Town Board still does not make a final bona fide offer for the pumhase of the Qualified Owner- Occupant's development rights, then, and in that event, the Qualified Owner- Occupant shall be entitled to exit the RID and the zoning of such person's farmland would revert to the zoning in effect prior to the enactment of Local Law # The Town's refusal to make a final bona fide offer must be in writing and filed in with the Town Clerk. A complete application for development must be submitted within one year from the date the Town Board refused to make a bona fide final offer to the Qualified Owner- Occupant landowner. If the complete application is not submitted within such time, the property shall revert to the underlying zoning in effect at that time. Subdivision During the easement term, a landowner may apply to develop the property as a Conservation Subdivision. Such development plan must reduce the yield, based upon the underlying zoning, by at least 25 percent and must preserve at least eighty (80) percent of the property. Article 78 Procedure A person aggrieved by a decision of the Town Board may file an Article 78 proceeding. Such proceeding shall be commenced within 30 days of the filing of the decision of the Town Board with the office of the Town Clerk. Section 2. Non-Severability If any clause, sentence, paragraph, section or part of this Local Law, now or as it may be amended, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall render this entire Local Law invalid and of no force and effect. Section 3. Effective Date This Article shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 708 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the orooosed "A Local Law in relation to Creation of a Rural Incentive District" to the Southold Town Planning Board and the Suffolk County Department of Planning, New York State Department of Agriculture and Markets, Southold Town Agricultural Advisory Committee, the Southold Town Land Preservation Department & Committee for their recommendations and reports. Section 1. RURAL INCENTiVE DISTRICT Amend Chapter 100 by creating a new Article XX as follows: Sec. 100-XX Purpose Farmland and the agricultural industry constitute one of the critical components of the Town of Southold's rural character. Farmland provides a cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies done by the Town as part of its comprehensive planning over the past 20 years have recognized this value and recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, including the purchase of development rights, outright fee title purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels and with conservations groups to further its efforts. In addition, the Town has a 20year record of supporting preservation land purchase by making use of various long and short-term funding options to purchase interests in farmland, such as the voter-approved Community Preservation Fund (CPF) transfer tax through the year 2020, voter-approved bonds and grants. The CPF legislation, which authorizes the prioritization of land use preservation efforts, directs that farmland shall be given the highest priority. Despite these initiatives, the Town's rural character and quality of life remains at risk. The Town Board recognizes that preservation efforts must continue, indeed intensify, in accordance with the Town's comprehensive planning goals. Future funds must be leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that these efforts can best be accomplished through a number of legislative initiatives, including zoning changes and a Planned Development District ("PDD"), or floating zone classification. This PDD shall be known as the Rural Incentive District ("RID"), and shall be intended to encourage the maximum preservation of farmland while protecting operating farms against uncertainty that may be created through the implementation of land use regulations. It is also intended to provide the Town with time by which it can accumulate monies for the purchase of development rights from these lands. New York State Town Law section 261-b provides the framework and statutory authorization to accomplish these goals. If property is rezoned to the RID designation, the landowner and the Town shall enter into a minimum 1 O-year preservation easement, during which the land will remain as agricultural land as defined in Section 25-30 of the Code of the Town of Southold. During this time, the Town, as well as other governmental agencies and preservation organizations, can explore a number of preservation options with the landowner including purchase of development rights or outright acquisition. Procedures at the Town level are established for the negotiation process, as well as restrictions on use and development to the exclusion of the underlying zoning district. Certain incentives also are offered to provide a baseline of collateral certainty, as well as to encourage continued agricultural production as a principal use. 100-XX Definitions: The terms and words used in this Article shall be given the meaning and uses as defined in this Chapter, or if not defined, those generally attributable to them in other sections of this Chapter. 100-XX Classification A. The Rural Incentive District (RID) is established as a Planned Development District pursuant to Town Law section 261-b. B. The RID classification is a floating zone. Upon rezoning to the RD classification, all principal and accessory uses listed in the RD are permitted in the underlying zoning district(s). In each case, the restrictions, controls and incentives of the RID shall apply to the exclusion of the underlying zone classification. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. 100-XX Requirements for Consideration A. A parcel must be identified on the 2003 Suffolk County Tax Map and 1999 Farm and Farmland Inventory as such Farm Inventory may be amended from time to time. B. A parcel must be used for agricultural production, as defined in section 25-30 of the Code of the Town of Southold. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. Properties which fail to provide such a benefit shall not be eligible. 100-XX Zoning Approval The Town Board may rezone land which meets the Requirements for Consideration criteria of section 100-XX from that of the underlying zoning district to the RID classification upon written application of the landowner pursuant to the terms of this Article. 100-XX A. Town Clerk: Application and Review Procedure Application. An applicant shall submit 2 copies of the following to the Southold 1. Application form approved by the Town Board, including the name of the owner and/or applicant, description of the current use of the property and the disclosure affidavit. There shall be no fee for the filing of the application. The application shall provide the terms and conditions of a standard Preservation Easement which is subject to further terms and conditions as may be appropriate for a particular piece of property. 2. Deed(s) 3. Survey or map showing areas to be included within the proposed RID, and any improvements on the property. B. Referral. After receipt of a complete application, the Town Clerk shall pot the petition on the agenda of the next regularly scheduled public meeting of the Town Board which shall refer the application immediately to the Planning Board, the Land Preservation Committee ,the Agricultural Advisory Conunittee, and the Suffolk County Planning Commission for review and recommendation. The Town Advisory Committees shall forward their report to the Town Planning Board within 30 days of their receipt of the petition. The Planning Board shall provide a report within 45 days of the date of the meeting at which the referral is received. The Planning Board report shall take into consideration and make express reference to the reports received from the Town Advisory Committees. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of its 45 day review period, whichever first occurs. The review period may be extended by mutual consent of the applicant, the Town Board and the Planning Board. C. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Comprehensive Implementation Strategy of August, 2003 which was adopted by the Town Board September 9, 2003 and the Findings Statement which was adopted by the Town Board on September 23, 2003 and supporting documents, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. If the Planning Board recommends disapproval, its report shall provide detailed reasons for the disapproval. D. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a public heating on the application, with the same notice prescribed for zoning amendments. E. Town Board Action. Within thirty (30) days of the closing date of the public hearing, the Town Board shall either approve or disapprove the rezoning. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and for~vard a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. F. SEQRA The Town Board shall follow the procedures set forth in the New York State Environmental Quality Review Act and shall consider in making its determination, the Town's Comprehensive Implementation Strategy and its analysis of the impacts of RID zoning 100-XX Conditions for Approval A. Easement: 1. Following a public heating and approval of the rezoning pursuant to Chapter 100 of the Town Code and chapter 247 of the General Municipal Law, the landowner shall offer a Preservation Easement (the "Easement") to the Town. The rezoning to RID shall be subject to and contingent upon the landowner and the Town reaching agreement on all of the terms and conditions of the Easement within 45 days of the Town Board's affirmative vote to grant RID zoning on a subject property. In the event that such agreement is not met, and an Easement executed in recordable form, the rezoning to RID shall be null and void and of no legal effect on the property. The Town may accept such an Easement, which shall include the following: a. An agreement that the property will remain undeveloped, or in agricultural production as defined in section 25-30 of the Code of the Town of Southold for a minimum often (10) years, except as provided in Section 100-XX. The easement will be extended automatically from year to year at the end of the initial ten year term unless the landowner provides written notification of the landowner's intent to terminate the easement. Notice must received at least one year prior to the expiration of the initial easement term or any extension thereof. b. Restrictions regarding permitted principal and accessory uses on the property; c. Restrictions for the construction of principal and accessory structures on the property d. Preservation incentives, as defined in Section 100-XX of this Article; e. Termination procedures as set forth in Section 100-XX of this Article. 2. The easement shall be in a form acceptable to the Town Attorney's office and consistent with the Town's form of Preservation Easement used with the purchase of development rights program. 3. The easement shall be recorded in the Office of the Suffolk County Clerk and a certified copy of the recorded easement shall be filed with the Office of the Southold Town Clerk. B. Permitted Uses and Structures During the Easement Period Lands within the RID shall continue to be used pursuant to this Chapter. The Easement shall include a requirement that fallow farmland shall be mowed to prevent succession. Improvements to existing structures and the construction of new improvements are subject to the requirements of Article XX of this Chapter. C. Incentives: In consideration for lands remaining in the RID, the landowner will receive an incentive in the form of a density bonus to he applied at such time as the owner completes the sale and / or preservation conveyance of all development rights (including any affordable housing density incentive) on land in RID zoning to the Town or other such entity acceptable to the Town under the criteria, terms and conditions of the Town's Purchase of Development Rights Program. The density incentive shall be used solely for appraisal purposes in calculating the highest and best use of the property to encourage landowners to sell or do a preservation conveyance of their development rights to the Town or such other entity/designee acceptable to the Town. It is not a density bonus for any other purpose whatsoever. Within a property zoned RID, a landowner may reserve one building lot for an existing farmhouse, or, where no dwelling exists, for a single building lot based on the underlying zoning and still remain eligible for the incentive bonus. No development rights shall be purchased from such reserved portion. 1. Terms of Incentive a. Standard Incentive: The Town shall grant a landowner a twenty-five percent (without any credit whatsoever for any partial lot created therefrom) density bonus based on the underlying zoning or five (5) acre zoning whichever is the lesser density plus any affordable housing density incentive available at such time based on the entire parcel of land enrolled at the time the land is zoned to the RID designation. b. Early Enrollment Incentive for Qualified Owner-Occupied Farmland. As an additional incentive to encourage participation in and application for RID zoning, any land and landowner which meets the criteria for enrollment in RID zoning and which meets all of the following criteria shall be defined as a Qualified Owner-Operator of Farmland: (i) has been actively engaged in agricultural production as defined in section 25-30 for a period of no less than 1 (1) year prior to the effective date of this legislation; and (ii) said agricultural production has been by a landowner actively engaged in said agricultural production using said land as a location of his principal business on the subject farmland. A Qualified Owner- Occupant of Farmland shall be entitled to the following incentive to apply for RID zoning provided such qualifying landowner submits a complete RID zoning application to the Town Board within six months of the effective date of this local law: At the time such Qualified Owner-Occupant elects to sell or convey all of the development rights to the land witlY~n the RID, such owner may elect either of two appraisal computations: (1) The then current appraised value using the standard incentive defined herein above or (2) The appraised value of the RID land as of October, 2003 prior to the enactment of Local Law # without using the standard incentive set forth above. Negotiation During the Easement Period 1. At any time during the easement period, but in any event at least 6 months before the expiration of the easement period, The landowner or the Town may initiate the negotiation of the sale or preservation conveyance of the development rights to the land contained within the RID by giving written notice of the desire to enter into negotiation for such sale or transfer. All negotiations including all offers, and the acceptance or rejection of such offers shall be documented in writing signed by the Owner and the Town. 2. The Town must obtain an appraisal at its expense and make an offer to purchase the development rights offered for sale. The offer shall be based on an appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement. If an agreement is not reached within 30 days afier the offer, or if the time is not extended by mutual consent of the parties, the landowner may obtain a second appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, at his expense, witlV~n 30 days and continue negotiations. This appraisal must be performed by a cc'xtified appraiser acceptable to the Town. 3. If a second appraisal is obtained by the landowner and the parties cannot negotiate an agreed price within 30 days of receipt of the second appraisal, the parties may obtain a third appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, from a mutually agreed appraiser. The cost of this third appraisal shall be shared equally between the landowner and the Town. The Town may make a final bona fide offer within 30 days after receipt of the third appraisal. A "bona fide offer" shall be considered an offer which is at least equal to or greater than the lesser of the highest appraisal or five pement above the arithmetic mean of the three appraisals. The Town shall be provided a reasonable period of time in which to fund and complete the transaction. 4. If the parties fail to reach an agreement on terms, the property shall retain its RID designation until the easement term expires. However, the property owner may choose to terminate the easement agreement prior to the expiration of the easement term if the Town has not made a bona fide offer as defined in subsection (3) herein. Upon expiration or the earlier termination of the easement term the property shall revert to the underlying zoning in effect at such date. 5. In the event that a Qualified Owner-Occupant of farmland has elected to use the alternate appraisal method relying upon the 2003 appraisal approach, and, provided that the Town has not depleted all funds that could be available from the Community Preservation Funds or such other funds that the Town Board has dedicated for such farmland preservation, and the Town Board still does not make a final bona fide offer for the purchase of the Qualified Owner- Occupant's development rights, then, and in that event, the Qualified Owner- Occupant shall be entitled to exit the RID and the zoning of such person's farmland would revert to the zoning in effect prior to the enactment of Local Law # The Town's refusal to make a final bona fide offer must be in writing and filed in with the Town Clerk. A complete application for development must be submitted within one year from the date the Town Board refused to make a bona fide final offer to the Qualified Owner- Occupant landowner. If the complete application is not submitted within such time, the property shall revert to the underlying zoning in effect at that time. Subdivision During the easement term, a landowner may apply to develop the property as a Conservation Subdivision. Such development plan must reduce the yield, based upon the underlying zoning, by at least 25 percent and must preserve at least eighty (80) percent of the property. Article 78 Procedure A person aggrieved by a decision of the Town Board may file an Article 78 proceeding. Such proceeding shall be commenced within 30 days of the filing of the decision of the Town Board with the office of the Town Clerk. Section 2. Non-Severability If any clause, sentence, paragraph, section or part of this Local Law, now or as it may be amended, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall render this entire Local Law invalid and of no force and effect. Section 3. Effective Date This Article shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. Elizabeth A. Neville Southold Town Clerk