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HomeMy WebLinkAboutTDR's 2004 PATRICIA A. FINNF,~AN TOWN ATTORNEY ~ M. CORCORAN ASSISTANT TOWN' ATTORNEY LORI HULSE MON~r~USCO ASSISTANT TOWIq ATTORNEY Iori.montefusco~wn.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765.1823 OFFICE OF ~ TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Members of the Town Board Patricia A. Finnegan, Town Attorney June 10, 2004 TDR Attached is a draft of the law setting up the TDR bank law for discussion. Please let me know if you have any comments. PAF/Ik Enclosure cc: Town Clerkc~ 6/10/2004 Chapter 20- Transfer of Development Rights §20-1 Purpose and Intent 1. The Town's goals, as set forth in numerous planning documents, include the preservation of open space, recreation and working landscapes; preservation of rural, cultural, historic character of the hamlets and surrounding countryside; preservation of natural environment and prevention of further deterioration of resources; preservation and promotion of a range of housing and business opportunities that would support a socio-economically diverse community; and increased transportation efficiency. These goals have been refined in various land use and planning studies that have been performed over the last approximately twenty (20) years, including the report of the Blue Ribbon Commission for a Rural Southold, all of which were analyzed and considered in the Generic Environmental Impact Statement (GEIS) adopted by the Town Board in 2003. The GEIS is an extensive document that analyzed the potential impacts of amendments to the Town Code, evaluated the impacts of various planning tools, and evaluated how effectively each tool might be used in furtherance of the Town goals. 2. The Town Board finds that one of the tools available to conserve farmland, environmentally sensitive lands and scenic vistas is the use ora Transfer of Development Rights (TDR) program. The purpose ora TDR program is to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. The GEIS supported a TDR as an appropriate tool for preservation of farmland and open space xvith a vision of shifting density to appropriate areas of Town. The TDR concept, which is a nationally recognized and successful land use tool, enables development potential to be transferred to a location more appropriate for development. 3. The Town Code at Community Preservation Fund §6-24 specifically authorizes the Town Board to create a bank pursuant to a TDR program established consistent with New York State law. The GEIS supports the establishment of such a bank, and indicates that the Town Board can determine in advance how transferred credits or density may be used. The establishment of a bank will enable the Town to utilize community preservation funds to facilitate the purchase of development rights by private landowners. The Town will have the mechanism to purchase development rights using community preservation funds and then sell those rights to private developers, thereby recycling community preservation funds. The Town Board will administer the bank and the transfer of development rights program. 4. The Town Board intends, in furtherance of the Town's express goals and comprehensive planning, to target the transferable credits for use as affordable units or other uses that may benefit communities and strengthen hamlet areas. 6/10/2004 This program is supported by the various comprehensive planning documents and the GEIS, and demonstrates how comprehensive planning can be used to address the Town's multiple goals simultaneously, i.e. preservation of natural resources, farmland and open space, as well as promotion of affordable housing. §20-2 Definitions. Sending District--one or more designated districts or areas of land in which development rights are designated for transfer and use in one or more receiving districts. The Town Board determines that a Sending District shall be any lands designated Agricultural-Conservation (A-C), and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, and any property listed on the Farmland Inventory. Receiv'mg District ---one or more designated districts or areas of land to which development rights generated from one or mom sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer. The Town Board determines that a Receiving District shall be any lands designated Hamlet Density (HD), Affordable Housing District (AHD), or any other lands designated by Town Board, upon a fmding that them are adequate public facilities to accommodate new development. All areas to be designated a Receiving District shall be evaluated as to the effects of increased development, and include findings that there shall be no significant environmentally damaging consequences and that such proposed development is compatible with the comprehensive plan of the Town. Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law respecting permissible use, area, density, bulk, or height of improvements executed thereon. Transfer of Development Rights- the process by which development rights are transferred fi.om one lot, parcel, or area of land in any Sending district to another lot, parcel, or area of land in one or more Receiving districts. §20-3 Determination of Development Rights to be Transferred 1. Development rights or credits shall be allocated for each parcel of land within the Sending District as of the effective date of this amendment upon the request of the landowner or the Town. 2. One residential development right shall be allocated for each single-family dwelling permitted on a parcel of land, based upon the development yield established POLICY QUESTION by multiplying the gross lot area by Yield factor OR yield calculation as set forth in sub regs (based on buildable land only). 3. One non-residential DR credit?? POLICY 6/10/2004 No development fights credits shall be allocated for property for which the development rights have previously been used, or allocated for use, under this chapter, nor for lands which are encumbered by an easement, covenant or other deed restriction for the purpose of land protection, preservation or conservation except where deed, easement or covenant provides otherwise. §20-4 Procedure for obtaining Yield determination The Land Preservation Coordinator shall use the formula set forth in Section xx-3 of this Chapter to calculate the number of development rights that can be transferred offthe parcel of land. The Land Preservation department shall maintain a record of all yield allocations and number of development rights available on parcels that have requested yield allocation determinations. §20-5. Creation of Development Rights Land Bank The Town Board finds that in order to implement the goals of preservation of agricultural lands and further development of the hamlet centers including affordable housing choices, it is necessary to establish a Development Rights Land Bank. To this end, the Town hereby establishes a Transferred Development Rights Land Bank (TDR Land Bank) in which development rights may be retained and sold in the best interests of the Town. The Town is authorized to accept for deposit within the bank gifts, donations, bequests or other transfers of development rights. All receipts and proceeds fi.om sales of development rights sold by the Town shall be deposited into a special municipal account known as the Community Preservation Fund, to be used in a manner specified in Chapter 6 of the Town Code. §20-6. Banking Development Rights Credits. 1. Development Rights may be sold or otherwise transferred to the Town and retained in the TDR Land Bank. The lands fi.om which said development rights were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 6 of the Town Code. 2. Development right credits purchased by the Town through the Community Preservation Fund may be retained in the Bank, for use as specified by resolution of the Town Board. §20-7. 1. Designation of Receiving Districts Before the transfer of development rights may be authorized to any Receiving District, the Town Board shall determine, after evaluating the affects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that it will suffer no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development 6/10/2004 otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. 2. Where a transfer of development rights affects districts in two or more school, special assessment, or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. §20-8 Irreversible Transfer. No development rights shall be transferred back to the sending parcel once the Development Rights have been transferred. No development rights may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisiton of development fights program or other easement, transfer, restrictive covenant or otherwise. PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan~town.southold.ny.us ~ERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran @town. southold.ny.us LORI I-H~SE MON'r~',FUSCO ASSISTANT TOWN ATTORNEY lori.mon/efusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Members of the Town Board Patricia A. Finnegan, Town Attorney May 27, 2004 Transfer of Development Rights Attached is the beginning of a rough draft of TDR legislation creating a development rights bank. I am cimulating it at this point for the purpose of discussion, and I hope to put together a more complete document for the June 15 Town Board meeting. Please contact me with any comments. PAF/Ik Enclosure cc: Town Clerk TDR 1. Purpose. The Town Board finds that one of the tools available to conserve farmland, environmentally sensitive lands and scenic vistas is the use of a Transfer of Development Rights program. Program enacted in accordance with local comprehensive plan. Impact on low/moderate income housing will be considered. Will protect natural, scenic, agricultural qualities of open land. Will enhance sites with character, historic, cultural, aesthetic, economic interest or value. 2. Definitions. Sending District--MC, R-80, Farmland Inventory Receiving District ---HD, any AHD designated by Town Board. (finding that there are adequate public facilities to accommodate new development) Development Rights Development Rights Certificate Land Preservation Coordinator Yield allocation letter - letter from the Land Preservation Coordinator indicating the number of credits that can be transferred off a parcel. Transfer of Development Rights Determination of Development Rights to be Transferred To establish the development rights available for transfer, (YIELD calculation) 4. Procedure for obtaining Yield determination A. An owner of a parcel in a Sending District can obtain a yield allocation letter representing the number of development fights that can be transferred off the parcel of land from the Land Preservation Coordinator or such designee. The Land Preservation Coordinator shall use the formula set forth in Section xx of this Chapter to calculate the yield. The Land Preservation department shall maintain a record of all yield allocations and number of development rights available on parcels that have requested yield allocation letters. B. If the owner disputes the yield allocation set forth in the letter he can make a written appeal to the Planning Board. The landowner shall provide a certified survey and will appear on the next available Planning Board agenda to present his appeal. C. If the owner disputes the Planning Board determination following appeal, the applicant may file an Article 78 proceeding within 30 days of the filing of the decision in the Office of the Town Clerk. D. The allocation letter shall expire after one year, but may be reviewed for an additional if an application is made to the Land Preservation Coordinator prior to the expiration and there has been no change in circumstances. 5. Obtaining Development Rights Certificate. A. The Planning Board shall require, as a condition for issuance of a DR certificate, that the record owner of the Sending Parcel record a deed with the County Clerk with a copy to the Land Preservation Department representing an easement in favor of the Town restricting development on the parcel in the form specified by the Town. B. After the filing of the easement, the Land Preservation Coordinator shall provide the landowner with a DR certificate indicating the number of development rights the landowner has removed from his property. C. The DR certificate can be sold privately, or to the Town to be retained in the Bank created below. 6. Banking Development Rights Credits. The Town Board finds that in order to implement the goals of preservation of agricultural lands and further development of the hamlet centers including affordable housing choices, it is necessary to establish a Development Rights Bank. To this end, the Town hereby establishes a transferred development rights bank (TDR Bank) in which development rights may be retained and sold in the best interests of the Town. The Town is authorized to accept for deposit within the bank girls, donations, bequests or other development rights. All receipts and proceeds from sales of development rights sold by the Town shall be deposited into a special municipal account known as the Community Preservation Fund, to be used in a manner specified in Chapter 6 of the Town Code. 7. Irreversible Transfer. No development fights shall be transferred back to the sending parcel once the TDR's have been transferred. No development rights may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. There has been discussion about setting up the Bank, and designating the sending/receiving districts later. I think that would be difficult--- how do you know what goes into the bank (sending) and how it casa be used (receiving). I am not aware that any municipality in NY has set up a bank without designating the s/r districts at the same time. Procedure for transfer to receiving zone.