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HomeMy WebLinkAboutLL 2007 #20 SOUTHOLD TOWN BOARD PUBLIC HEARING August 28, 2007 7:35 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to an Al!ricultural Planned Development District", and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearinl! on the aforesaid Local Law at the SouthoId Town Hall. 53095 Main Road. Southold, New York. on the 28th day of AUl!ust at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Al!ricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Al!ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Lel!islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. Ag Planned Development District Public Hearing August 28, 2007 2 The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of So nth old is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. Ag Planned Development District Public Hearing August 28, 2007 3 B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist ofa 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval: Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. Ag Planned Development District Public Hearing August 28, 2007 C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. 4 D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands + Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. Ag Planned Development District Public Hearing August 28, 2007 J. 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 may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. 5 K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, enviromnental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant enviromnentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form,_acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of Ag Planned Development District Public Hearing August 28, 2007 6 development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280- 177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280- I 75 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to 9280- I 80E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. Ag Planned Development District Public Hearing August 28, 2007 7 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time ofrezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. Ifthe Town elects not to purchase 10% of development rights as set forth in 280- 177G, the landowner may pursue a Standard Subdivision as set forth in 9280-181 C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to 9280-177G, the landowner is not eligible to pursue a standard subdivision. Ag Planned Development District Public Hearing August 28, 2007 8 &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. Ifthe Town elects not to purchase 10% of development rights as set forth in 280- 177G, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to 9280- 177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to 9280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. That is the substance of this public hearing. I have a series of comments that I will try to summarize briefly. First of all, it has appeared as a local ad in the local newspaper. It has also appeared as a legal on the Town Clerk's bulletin board outside. I have before me a one page memo from the Planning Board, dated August 28, 2007, regarding the Planning Board's comments on this local law. "As requested, the Planning Board and staff have reviewed the above captioned local law and we support its adoption and we make the following comments and recommendations. 1. In section 280-181 B states that any subdivision of Ag PDD property must accomplish preservation of 80% and a density reduction of 75%. It should state rather, that the preservation must be equal to a minimum of 80% of the buildable lands, not just the lands but the buildable portions of those lands. 2. Section 280-181 C states that in the event the standard subdivision option is pursued by the property owner, land preserved by the sale of development rights shall Ag Planned Development District Public Hearing August 28, 2007 9 not be applied toward any preservation or subdivision open space requirement. This section also refers to Chapter 240 in the Town code. However, to be clear, it should also state that within the proposed legislation, that the preserved land shall not be used for the purposes of establishing yield. 3. A general concern of the Planning Board is how the proposed Ag PDD will impact the existing land preservation program. The Board has the same concerns as the Land Preservation Committee and defers to their memorandum to the Town Board dated August 23 of this year. I have a note from the Suffolk County Planning Commission, "Pursuant to the requirements of section of the Administrative Code, the Suffolk County Planning Commission considers this to be a matter for local determination as there is no apparent county wide or inter-community impact." There follows a memo which is rather lengthy, from the Land Preservation Committee. Supervisor Russell, Town Board, This is in regard to a local law in relation to Ag Planned Development District comments for tonight's public hearing. The Land Preservation Committee (this is drafted and sent by our Land Preservation Coordinator and from the members of its committee) and I (meaning the coordinator) would like to submit the following comments for this public hearing. In section 280-170, the second sentence needs clarifications and should be re-written as follows: this program will provide the landowner with another mechanism to access the equity in his land by providing him with an (this is the part they are introducing, they wish to add) 'providing him with an expeditious means to incrementally sell his' development rights. There follow some various other, I think I would call these editorial or technical revisions without a lot of substantive changes. They are important but they are not changing the content of it. It is largely for clarification. We have, when the Town Board has a chance to evaluate this after the public hearing, we have actually taken into account most of these technical recommendations from the Land Preservation Committee and we can review with you, with the public, how these things can be integrated into the current document. General comments, at the end, Legislation, once adopted, will require a significant amount of additional staff time; Planning, Land Preservation, Attorney, to develop policies, procedures and standardized forms. It is unknown whether the proposed Ag PDD will generate interest from landowners who would not otherwise have pursued the existing PDR program. The existing, traditional purchase of development rights program. If the proposed Ag PDD does resulting additional landowners preserving their land by incremental amounts, then that program is worth the effort. If the programs draws applicants from landowners who currently would otherwise have sold development rights in total or near total, then perhaps the legislative program would not be worth the effort. 2. the proposal for the Town to reserve funds to purchase 10% of the development rights enrolled in the Ag PDD may damage the existing preservation program. In recent years the Town's program has been very successful in closing preservation deals within a 'take it or leave it' time that mayor not be needed for the Ag PDD program, may hinder the Town's ability to continue with such projects. The Land Preservation Committee recommends that if an incremental development rights program is established, the Town should fund it with bonds dedicated to the incremental program and not use CPF funds for the purpose. 3. The change implied in the proposed program for farmland owners being paid per development right instead of per acre which is the usual case under the existing program, needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined in the yield Ag Planned Development District Public Hearing August 28, 2007 10 formula, may give a bonus to the same parcel in the incremental sales program compared with the existing program. While a bonus to encourage preservation is not necessarily a bad thing, the bonus was intended to be the ability to sell development rights incrementally, offering an incentive over and above this, may result in landowners who would actually apply to existing programs with large projects, would push them into applying to the new program with much smaller projects and would therefore decrease the rate of preservation. Land Preservation Committee recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. And finally, item 4, one of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation. This requires payment of full capital gains up front, even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed Ag PDD program is a way around this, that will provide important tax benefits to participants and therefore, an incentive to join the program. The Committee recommends that this be researched and confirmed or denied by the IRS so that the Town and farmland owners know exactly what the tax consequences of the program will be." There follows a letter from Ed Booth of 17235 Sound Avenue, Southold, New York. Ed Booth comments on this proposed local law, dated August 15th. "Dear Town Board, This letter concerns the proposed land preservation law to be heard on August 28th. Having given the proposal some thought, I discuss the pros and cons as I see them. General comments, land preservation Southold is a process tailored to the desires and needs of land owners and to the judgment of the Town as to the urgency of preservation. A final agreement is reached on the easements appropriate for that particular property. The proposed law takes a very different approach, which permits installment sales of development rights at a fixed price for all sales with a single easement for all sales. The new law is different from present laws in that it preserves later instead of now. This new approach requires the proper language to safeguard the Town and landowners as much as possible and I know that a lot of thought and discussion has gone into the details, the question remains, is it a good instrument for land preservation? On the pro side; I. The proposed law permits the installment sale of development rights. This is viewed as an inducement to preservation, it is another tool in the tool box. The need to keep the procedure simple leads to a single price and a single easement. The simplicity of the procedure should allow the farmland owner to obtain substantial money quickly, perhaps in only 30 days without fees to surveyors, appraisers and attorneys. The easement will be written to allow Ag production the greatest possible freedom. Con, the price will be too high per acre for a large lot and too low for a small lot. This is because the price per acre decreases with increasing lot size while the price comes from an average. The standard easement, if substantially more favorable to farming than the normal easements, may undercut the present program and/or may arouse the opposition of the public. That is number one. Number two, his second point, on the pro side. The law allows the sale of 'is a development right, that is to say one acre a year. The money could be used to upgrade the farm, send children to college or provide tax free gifts to children. That is a pro. On the con side, the law requires the farmer to preserve the land, either by sale of development rights or proceeding with a conservation subdivision. There is no exit unless the Town reneges. The conservation subdivision requires an 80/75 instead of the 80/60 resulting in fewer lots for sale. His third point, the pro argument. The law protects the farmer from up- Ag Planned Development District Public Hearing August 28, 2007 zoning. On the con side, The may result in early up-zoning if the Town runs short of money but the same can be said, of course, about the current program. Number four, on the pro side. The law allows the farmer to average out over real estate market fluctuations. Con; the law does not allow the farmer to wait for a high price and then sell all the development rights. However, the owner can also apply to be in the current program as well as the PDD. Running the numbers shows that the monetary yield can be the same from regular installment sales or a total sale upfront, depending on market assumptions. Number five, pro; the law is intended to keep the farmer in a lower tax bracket by installment sales. Con; the IRS may not agree. Enquiries are being made and efforts are underway in Washington to aid installment sales. I do not know the results. Number six, pro; the price set by the Town for development right with advice of the appraisers is published, avoiding haggling and delays. Con; the Town may chose to offer less than the true value of the right. however, language has been included to release the owner if the Town overtly 'low balls' the appraisal. Seven, pro; The law offers a new preservation tool which could be useful to certain individuals depending on factors such as age, business needs, children etc. Con; The law requires the Town to buy the development rights at the 10% level every year so that funds must be set aside for that purpose. This can undercut the existing land preservation program unless new sources of finances are found. And eight, pro; this law is restricted to farmland, owned or rented, with intent to support the industry. Con; the law gives the opportunity for early retirement by selling off a lot or two each year. The convenience of selling in the proposed program may tempt earlier sales than in a conservation subdivision. And a final comment from Mr. Booth, this report was prepared by me, Ed Booth, reflects my views. It has been somewhat tempered by a rebuttal from John Sepenoski. I think it is fair to say that not all active farmers are enthusiastic about the proposal, though it may well fit the specific needs of some. I would like to hear an evaluation of the final proposal by banking and appraisal professionals as to the effect of the PDD encumbrance on property values.' I have an affidavit that it has appeared as a Town legal on the Town Clerk's bulletin board and with that, I believe the file is complete. 11 SUPERVISOR RUSSELL: Would, well, we have a strategy here. We know you are here to yell at us for other things, so we kind of put that first to kind of dull your senses and take the edge off. Would anybody like to comment on the Ag PDD pending local law? COUNCILMAN KRUPSKI: Actually before the public comments, there are a couple of comments here from the Planning Board that were pretty, I think Councilman Edwards has been working really hard on this proposed legislation and maybe he should clarify a few things first, it might answer some questions so that we don't have, we don't go around and around. You know, before these questions come up. COUNCILMAN EDWARDS: I would be glad to do that, if you would like. SUPERVISOR RUSSELL: By all means. Ag Planned Development District Public Hearing August 28, 2007 COUNCILMAN EDWARDS: Well, first of all, with respect to the letter by the Planning Board, I would like to propose a small amendment in response to their point number two, if you turn to the very last page, which is section 280-181 C, the next to last sentence says 'any land preserved by sale of development rights' their concern is that if somebody does do a full yield subdivision, they shouldn't get to count as the preserved land, land that has already been preserved by purchase of the development rights. Which certainly no one could disagree with. I would like to propose amending that to delete the word 'any' and insert the word 'already' between land and preserved and I think that achieves exactly the purpose that they are looking for. That is, land already preserved would therefore, could not be counted as part of the preservation in a full yield subdivision. I have also inserted in a revised text here, I think all of the, most of the suggestions from the Land Preservation Committee on cleaning up the language and minor emendations made a lot of sense and they do appear in this draft in red and we can go into those afterwards as amendments, if you would like. 12 SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of an Agricultural Planned Development District? Mr. Baiz? CHRIS BAIZ: Chris Baiz, Southold. I would like to say that I think we have all worked fairly rigorously on this and it's as the result of an interest and a request from Councilman Krupski that an incremental program such as this be developed as a tool for land preservation in the Town. Especially where in the past several farm families could have used this in years of financial duress. So I think that, we are headed in the right direction for an incremental sales program, not just an all or nothing program. It also sets the tone for once a parcel is in the Ag PDD, that a parcel is on its way to full preservation without putting the demand up front on the Town. If we had 10 parcels come in in one year, we couldn't deal with them on an all or nothing basis. On this incremental basis, it can be done more easily. In terms of the comments that Councilman Wickham had from the Land Preservation Committee, Ijust want to make sure that both in the establishment of the price per development right, this is going to be in a very important methodology and number because it will be a hallmark or benchmark of the entire preservation program. And as I believe the legislation states and the additional comments and the Land Preservation Committee letter, it is very important that that price is, here it doesn't say, it just says two appraisers. It doesn't say anything about what happens to the two appraisers numbers and I think we need clarification there, that it is the average of or what have the arithmetic average of. And also, in the Land Preservation comments there was the concern that if the two appraisals are divergent enough, they might warrant a third appraisal and so the Land Preservation Committee was actually recommending three appraisals, the two, if all are within 10% of each other, the arithmetic average. If one is outside of 10% of the other two, through the outlier away. And that way, the Town Board doesn't get involved in establishing a price, the price is established fairly by the appraisals. The other key issue is that a standard price warrants a standard easement. The price or value being determined in the appraisals is for the exclusion of the right to residential development on that space and therefore, that easement language should be so treated and not also be removing potentially agricultural needs and values of that land. And I think that sums up the most important parts in the Land Preservation Committee's Ag Planned Development District Public Hearing August 28, 2007 13 letters outside of the rest of the comments. Otherwise, while there are always pros and cons to every issue, I think that we have got a very good working document here and with the final consideration of the various comments in getting them into the language of the proposed legislation, we have done it right. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and comment on the issue of Agricultural Planned Development Districts. Pat? PAT MOORE: Pat Moore. Thank you. My real concern with reading the legislation is to try to analyze this law after, let's say, it has been adopted and advising someone on what can they do with the property, particularly if it is an agricultural operation that wants to operate in the reserve area. An issue that it seems to be somewhat addressed in your 180, the condition section, in that I assume when you say the reserved area for development shall not exceed 20% of the buildable area for the parcel, that presumes that the entire parcel, once you have placed the covenant over it, it is now in this Ag PDD that from end to end, you will be operating under whatever the rules are that are adopted by the Board at the time. So you will be subject to the Town Board's review and the Committee's review for anything that you might want to do on this property, that gives me a pause and a concern because people can be reasonable today and unreasonable tomorrow. But with respect to what can you do on the land that is reserved, there is a circumstance or a situation that is occurring right now with conservation reserve areas, where the Building Department takes the position that the reserve area, you can only take the reserve area with respect to what you can, the uses that you can operate. The number of uses. And if you have got multiple agricultural uses, they are not looking at the entire parcel, they are only looking at the reserve area. So, in days gone by and I don't know how this might be implemented but when people are looking to leave a reserve area for greenhouses, maybe multiple agricultural operations, what I am seeing today, the interpretation that is occurring is that you need two acres per use, even though all the uses you are operating there are agricultural uses. So, that is an interpretation that is occurring right now with reserve areas and I can see that same analysis applied here so that when you then want to operate the agricultural use that you are trying to preserve because the reserve area will most likely generate the income that the fields or that the vines or whatever is being planted, one carries the other and the problem that is occurring right now and needs correcting is that you should be looking at the entire parcel, not just the reserve area for purposes of the uses that you are permitted to do, the agricultural uses you are supposed to do within the reserved area. It is a little technical, probably most of the people here don't understand... SUPERVISOR RUSSELL: What you are actually outlining really are problems with the bulk schedule. The requirements for two acres to have a winery and two acres to have the house that is there and if you have already reserved two acres, you have basically essentially spoken for, you know, that is problematic and we are trying to revisit that... MS. MOORE: Good, I am glad you are looking at it.... SUPERVISOR RUSSELL: ... .to reduce those requirements. Ag Planned Development District Public Hearing August 28, 2007 14 MS. MOORE: But that only occurred when you defined the buildable areas, because you defined buildable as areas that are not with, that aren't encumbered by an easement but an easement is not intended to be the ag easement that you have imposed that are running the reserve area. It is all one parcel and that is the way the process was intended to be and I am hoping that you will address that when you are looking at this law so that you don't repeat the problem, you try to correct it here... SUPERVISOR RUSSELL: It is an issue that needs to be addressed with the regular PDR program as it currently exists whether this, you know, comes on board. It is an issue either way. This legislation might put special focus on it but it is a problem with the Town Code that we need to address. MS. MOORE: Okay. Well, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Agricultural Land Development District proposal? (No response) Hearing none, can I get a motion to close? * * * * * ~Q.~ 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 Hall, 53095 Main Road P.O. Box 11 79 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerl!V Systems for Al!ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!n Rel!ulations" on July 31, 2007 "A Local Law in relation to an Al!ricultural Planned Development District" on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Ptilt~Q.'Q-,:Jk. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of PI arming Village of Greenport Town of Riverhead Southold Town Plarming Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ure, Received By // Please p~:n~~ ::41 ;-lr // Date: 10/1.0 k7 I I Title: ceo, ~ war' ~1S DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK #8539 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspa er once each week for -L-week(s), successively, co . on th 4 ayof October. 2007. Principal Clerk Sworn to before me this 2007 J 1:) day of Om&-^- CHRIST NA VOLI K~ct NEW YORK NOTARY PUBLIC-STATE OF NO 01-V06105050 Quall'l~d In Suffolk cou~:Y 200B Expires February I ~ommlsslon The Suffolk Times. October 4, 2007 . 21 B '" LEGALS... From previous page LEGAL NOTICE NOTICE OF ADOPTION NOTICE IS HEREBY GIVEN WHEREAS there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to an Ap'ricultural Planned Deve.nomen. Vis. frid." now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a Bub- lie hearine on the aforesaid Local Law at the SOIl.hold Town Hall. 53095 Main Road. Soutbold. New York. on the 28th day of Aupst at 7:45 n.m. at which time all interested .persons wilt be given an opportunity to be heard. The proposed Local Law entitled, "A 1.0011 Law in relation to an Agricultural Planned Deve.nomen. District" reads as follows: LOCAL LAW NO. 20 or 2007 A Local Law entitled, "A Local Law in relation to an Apricultural Planned Development District." BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Lefislative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides the cornerstone of the land use environment valued by year- round residents as wen as visitors. Nu- merous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strat- egies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland tlirough the use of a variety of conser- vation tools., most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconk Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding op- tions to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board rec- ognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be re- quired, and if possible, leveraged, to en- able the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be ac- complished through a number of legis- lative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classific<Hion. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farm- land, while preserving land equity. It is intended to provide incentive to Land- owners dedicated to the preservation and conservation of farmland. New York State Town. Law Sections 261 -a and 261-c provide the framework to accom- plish these goals. The Town Board seeks through this legis]ation to provide for the incremen- ta] sale of development rights by]and- owners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural produc- tion without requiring the sale of all de- velopment rights applicable to the prop- <:fty, at the same time reducing the densi- ty potential on the property. The benefit to the Town. in addition lo facilitating agricultural production, is the assurance that the Town will have the option pur- chase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this ]egislation. II. Chapter 280 of the Code of the Town of Southold is herebv amended to create a new Article XXX. as follows: Sec. 280-170. Puroose. "loe Agricultura] Planned Develop- ment District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character,and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by provid- ing him with an expeditious means to in- crementally sell his development rights to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity lo purchase lhe remaining development rights appli- cable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181(B). This Agricultural Planned Development Dis- trict creates a mechanism whereby the property can be rezoned AgPDD upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or ]0- cal law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Deve]- opment District (AgPDD) is established as a Planned Development District pur- suant to Town Law Section 261-c. B. The AgPDD classification may be considered on a f1oating.zone basis. Upon rezoning to the AgPDD classifi- cation, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Reouirements for E1ipibi]- !!Y All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the follow- ingcriteria: A. The lands must consist of a sub-di- vidable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preser- vationProject Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual com- mitment. pursuant to Article 25AA of New York. State Agri.culture and Mar- kets Law_ C. The Town Board must find that the parcel provides an environmental, physical, economic, ae-sthetic, social or cultural benefit to the Town. 280-174. Zoninu Approval' Applica- tion and review procedure. The Town Board may rezone lands from that of their underlying zoning dis- trict to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shaU submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and dis- closure affidavit; 2. Deed covering each parcel for which application is made; 3. Surveyor map showing each parcel proposed to be rezoned to AgPDD, and any improvements on each parcel. B. Upon receipt of a completed appli- cation, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezon- ing of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Pres- ervation Committee for review and recommendation. C Upon receipt of the application. the Land Preservation Committee shall consider the application at its next meet- ing and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Pres- ervation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will cal- culate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ~ Minimum Lot Area of Zoning District= Yield on En- tire Parcel. The landowner will be informed of the number of developmenl rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agri- cultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in act- ing upon any application for the rezon- ing of any lands to the AgPDD classifi- cation. H. The Planning Board shall provide a report within ninety (90) days of the date of the meeting at which the refer- ra] is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board re- port, or the expiration of its 60-day re- view period, whichever comes first. The review period may be extended by mu- tual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Plan- ning Board may recommend approval, approval with conditions., or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farm]and Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporling documenls. the rec- ommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing characteris- tics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cul- tural aspects of the property and its sur- roundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Plan- ning Board's report shall provide de- tailed re<!-sons for its recommendation. 1. Public Hearing. Within thirty (30) days of the receipt of the Flanning Board report. or the expiration of the Planning Board review period, whichever occurs first. the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after consider- ing the Planning Board's recommenda- tion, that the subject parcel contains ad- equate resources, environmental quality and public facilities, including adequate transportation, water supply, waste dis- posal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zon- ing 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. Any such approval shall be subject to tlie Condi- tions of Approval as set forth below in 280-175 of this Ch~pter. 280-175. Conditions of Armroval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall be- come part of this Town Code and the Zoning Map shall be amended accord- ingly. B. The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal proe:edures for purchase of de- velopment rights. C. Easement. 1. Following a public hearing and ap- proval ofthe rezoning pursuant to Chap- ter 280 of the Town Code and Chapter 247 of the Genera) Municipal Law, the Landowner shall sell at least one (I) de- velopment right to the Town. The land- owner shall file a Preservation Ease- ment (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights avail- able for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be con- sistent with the terms of the AgPDD. The standard form may be amended if the landowner voluntarily requests ad- ditional restrictions or prohibitions and such restrictions are acceptable to the Town Attorney. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Develooment Riphts The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales for the purpose of this Chap- ter. This price shall be the fair market value of development rights for non-wa- terfront farmland of average size with an average amount of road frontage, ob- tained from two independent certified appraisers. 280-177. Subseouent Develooment Rie-ht Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a Pres- ervation Easement on the property in a form acceptable to the Towri. The Pres- ervation Easement shall list the number of development rights sold and the num- ber remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. . C. The Land Preservation Coordina- tor shall make a determination of the number of development rights remain- ing for purchase on the parcel based on the original yield as calculated by the Planning Department less any develop- ment rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of de- ve]opment rights that have been extin- guished from the parcel, and the remain- ing number of development rights. E. Development rights may be pur- chased by the Town in increments of one-half (112) of a development right. F. The Town Board shall not be re- quired to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to *280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual devel- opment rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of develop- ment rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from partic- ipation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a Conservation Subdivision pursuant to 280cI81(B), or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted; however, the Town will ob- tain the appraisal at the expense of the landowner. 1. Unless otherwise specified, the price for development rights for subsequent development right sales to the Town will be as set forth in Section 280-176. 280-178. (Reserved) 280-179. Gearin\," House. The Land Preservation Coordinator will maintain a log indicating the devel- opment rights sold and remaining on any parcel zoned AgPDD. The easement ex- ecuted and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for develop- ment shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A land- owner may apply to the Town Board to amend such code if eircumstances have changed since the rezoning. Any new ad- ditiona] reserved area will be deducted from the available development rights on the parceL and any reduction in the reserved area may increase the develop- ment rights available on the parcel. Any reserved area for development shall not exceed 20% of the bui]dable area of the parcel. RAny structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Com- mittee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, a'ny new struc- ture accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural produclion, shall reduce the number of development rights avail- able for sale or transfer. E. If the Town elects not. to purchase 10% of development rights as set forth in 280-177G, the landowner may pur- sue a Standard Subdivision as set forth in ~280-181C. If there has been a sub- sequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to ~280-177G, the landowner is not eli- gible to pursue a standard subdivision. &28O-IRI Subdivision A.If the landowner of property zoned AgPDD files for subdivision of the prop- erty, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remain- ing on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of sev- enty-five percent (75%) of the original yield. If the landowner elects to_ pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preser- vation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town's election not to purchase development rights pursuant to ~280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivi- sion. Land already preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement or the yield cal- culation. The yield calcu]aled pursuant to S280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pur- suant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause. sentence, paragraph, section, or part of this Loca] Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as'provided by law. Dated: August 28,2007 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD E]izabeth Neville Town Clerk 8539-lT 10/4 See Legals, next page . . .' * RECEIVED OCT - 9 2007 ELIOT SPITZER GOVERNOR STATE OF NEW YORK DEPARTMEflIT OF STATE Soulbold Town Clerk 41 STATE STREET ALBANY, NY 12231-0001 September 26,2007 LORRAINE A. COmS-VAzQUEZ SBamrAI.YOfSTATE Lynda M Bohn Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 South old NY 11971 RE: Town of Southold, Local Law No. 20, 2007, filed on September 19, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 , WWW.DOS.8TATE.NY.U8 . E-MAil: INFOOD08.8TATE.NY.U8 . ,41l/-.Ll':::~<-<'::r- fjJ ..;>~ ~fi\.'~.' ,1/'<";: <::> \ ~ +0 ~ ~h ~. ~i;1 ~ ~ v :~COUN"N ,\\~ii <7:QrrJj.~-'-~ . 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 sou tholdtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 18,2007 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 20 of 2007 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 20 of 2007 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Bohn Southold Deputy Town Clerk Enclosures cc: Town Attorney . . NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Texl of law should be given as amended. Do nol include matter being eliminated and do nol use ilalics or underlining to indicate new matter. ('DUflt) Gity Town of SOUTHOLD ',Tillage LOCAL LAW NO. 20 of 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Lel!:islative Intent. Farmland is a critical component of the Town of South old's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights, 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland, New York State Town Law Sections 26l-a and 26l-c provide the framework to accomplish these goals, The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property, The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option (If additional space is needed, attach pages the same size as this sheet, and nnmber each.) DOS-239(Rev.ll/99) 1 pur~hase the remaining developmetrights on a parcel, excepting those thaI: necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code ofthe Town of Southold is herebv amended to create a new Article XXX. as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementally sell his development rights to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181 (B). This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPDD upon application ofthe landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 26l-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. 2 The ~own Board may rezone landslm that of their underlying zoning distrlto the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application 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 covering each parcel for which application is made; 3. Surveyor map showing each parcel proposed to be rezoned to AgPDD, and any improvements on each parcel. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. Ifthe Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the ana the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands -;- Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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 3 other factors as may be nectary to carry out the purposes of this ~le and this Chapter. Planning Board's report shall provide detailed reasons for its recommendation. The J. Public Hearing. Within thirty (30) days ofthe receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing ofthe public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. The standard form may be amended if the landowner voluntarily requests additional restrictions or prohibitions and such restrictions are acceptable to the Town Attorney. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales for the purpose of this Chapter. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been 4 zoned AgPDD. The develolnt rights may be sold to the Town or .thers provided that the landowner enters into a Preservation Easement on the property in a form acceptable to the Town. The Preservation Easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search ofthe property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of Development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to S280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a Conservation Subdivision pursuant to 280-181 (B), or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted; however, the Town will obtain the appraisal at the expense of the landowner. J. Unless otherwise specified, the price for development rights for subsequent development right sales to the Town will be as set forth in Section 280-176. 280-178. (Reserved) 280-179. Clearing House. 5 The ~and Preservation Coordinator!1 maintain a log indicating the develolent rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in S280-181 C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to S280-177G, the landowner is not eligible to pursue a standard subdivision. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to S280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that ofthe underlying zone in effect as of the date ofthe subdivision. Land already preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement or the yield calculation. The yield calculated pursuant to S280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. 6 III. SEVERABILITY . . If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 7 (Complete the certifical in the paragraph that applies to the fil10fthiS local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certifY that the local law annexed hereto, designated as local law No. 20 of 20 ~ of the (COII"~ )(Cit) )(Town) (Yillag@) of SOUTHOLD was duly passed by the TOWN BOARD on_August 30_, 20 !!l-, in accordance with the applicable provisions of law. 2. (passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer..) I hereby certifY that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on disapproval) by the in accordance with the applicable provisions of law. of20 was duly passed by the 20 _, and was (approved)(not approvedXrepassed after and was deemed duly adopted on 20 3. (Final adoption by referendum.) I hereby certifY that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(ViIlage) of was duly passed by the on 20_, and was (approved)(not approvedXrepassed after disapproval) by the on 20. Such local law was submitted to the people by reason of a (mandatory )(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20_, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) of 20 of the of was duly passed by the on 20, and was (approvedXnot approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20_ , in accordance with the applicable provisions of law. I hereby certifY that the local law annexed hereto, designated as local law No. (County)( City )(T own )(ViIlage) · Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 8 5. '(~ity local law concerning Charte_vision proposed by petition.) . I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a ml!iority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 _, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner indicated in paragraph 1 , above. . (Seal) Clerk of runty legislative body. City. Town or Villa!J: Clerk or officer esignated by local legislative body Elizabeth A. Neville, Town Clerk Date: September 6, 2007 (Certification to be execnted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certifY that the foregoing localla ntains the correct text and that all proper proceedings have been had or taken for the enactment of the local law a e ed hereto. . nature atricia A. Finnegan, Es ., Kieran Corcoran. ESQ.. I\. Title o Attorney stant Town Attornev CBURt':; ~ Town of '.Tillage Date: SOUTHOLD September 6, 2007 9 . . . 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 sou tholdtown. north for k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind EnerlN Systems for Al!ricultural Uses" on July 17, 2007 "ALo al . e' endmentsto theSi nRe ulations" on July 31, 2007 LLaW lit rei '..a I"~ ~, on August 28, 2007 Please sign t\1e duplicate of t\1is letter and return to' me at yoUtearlHM convenience in the self-addressed envelope. Thank you. rta~~a"Q~tJ-., Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department ~ Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Sout\1old Town Board of Appeals Date: OCTOBER 1, 2007 Signature, Received By BARBARA r.RATTAN Please print name Title: TOWN CLERK DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED OCT 2 2007 Soulhol~ Town Clerk . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER HECORDS MANAGEMENT OFFICER FREEDOM OF INFOHMATION OFFICEH Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northf ark. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22,2007 "A Local Law in relation to Wind Enerl!V Systems for Ae:ricultural Uses" of! July 17, 2007 "A Local Law in relation to Amendments to the Si n Re ul 'lIDS" on July 31, 2007 " '. .//'. lof! August 28, 2007 Please sign the duplicate of this letter and return to me "at 'your., ''1I~~t:convehience in the self-addressed envelope. Thank you. ,("~,"~~Cl.~~lJ.. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department ofp,lljlUling Village of Greenport . . Town of Riverhead Southold Town Planni~g Board SoutiJold Town Assess~ts SoutiJold Town Building"Pepartment glsland State Park Commission of Shelter Island f Southampton own Trustees Board of Appeals ~ Signature, &t:'ceived By ~l1/ni< ~~~ L""l.-c- Please print III....me .",; /....", ~1!>ate: S~G'.h.J'h-- 2r,?..... Title: ~""''''O j);\-c.-hr DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . . ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou thold town. north fork. net HEGISTRAR OF VITAL STATISTICS MAHRIAGE OFFlCEH RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ../ r,' ....--:- (' \. (~-, ~,OFFICE OF THE TOWN CLERK . --. (/. I ~ '\1 TOWN OF SOUTHOLD ".\..' ", \ "" " ", " '. \ September 27, 2007 <;,1(.\11 ~ PLEASE TA~ N.9:rICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled ~'. "A Local Law in <'relation to Transfer Station" on May 22, 2007 "A Local Law-in relation to Wind EnerlIT Systems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:D Rel!:ulations" on July 31, 2007 ~a.I-*lLit"''''''''ODto an A.l!ikalt\ll'al Piblled:DeveloDment District1 on August 28,2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,rrR;j~~Ci.'2~~~. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals "- ~f4~ /1,vl.~ L. J: ~;"'v Please print name / Date: 0' fte- /cr7 I ' &~.~~~ Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . 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 sou tholdtown. nort hfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerl!\' Systems for Al!:ricultural Uses" on July 17,2007 "A Local Law in relation to Amendments to the Si n Re ulations" on July 31, 2007 . "', d. . t" on August 28, 2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,n!~...l~2;k..e/.I... Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department k )MJuJt ~+- Please print name ~ Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ID IJo 7 )tIlL kJ-- Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . ELIZABETH A. NEVILLE TOWN CLERK REGlSTRAIl OF VITAL STATISTICS MARIllAGE OFt'ICER IlECORDS MANAGEMENT OFFICER FREEDOM 01' INFOIlMATION OFFICEIl . Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou thold town. north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27,2007 PLEASE TAKE NOTICE that the Town Board of the Town of South old ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerln' Systems for Al!:ricultural Uses" db, July 17, 2007 "A Local Law in relation to Amendments to the Si n Re ulatibns" on July 31,2007 ;..,., ". ,.,,' .... '.. < .... ". 'l on August 28, 2007 Please sign the duplicate of this letter and return to meat yout~il::Slconvenience in the self-addressed envelope. Thank you. ,rrtj"~(),~"'lh' Elizabeth A. Neville . Town Cle~k Attachments cc: Suffolk County Department Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building})epartment . "\ "~~~~- Signature, "feived . D6r-O +~;.. s CO~~ Please print ~e . ~~' 'l,gtig Island State Park Commission of Shelter Island f Southampton SoutlibldTown Trustees SouthoJdT'nWllBoard of Appeals ~ "'. \ .5~ (~~ rL~ U 'if' .--.-------- l[-. \, Date: i'(i::"'- II OCT - 1 2007 , i' I' I ~ ! J I' Title: . (own ~ f....V<f DUPLICATE TO BE SIGNED AND RETURNED TO .SOUTHOLD TOWN CLERK REC'EIVED LOOZ l DO Southolrl Town Clerk 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 September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED theJJroposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind EnerlIT Systems for Al!:ricultural Uses" on July 17, 2007 "A Local Law in relation to Amendments to the Sil!:n Rel!:ulations" on July 31, 2007 "A Local Law in relation to an Amcultural Planned DcveloDment District" on August 28, 2007 Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ,rrtr~Clq,~/"', Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department ofPlarining Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of She Iter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals ~~.SL Signature, R ceived By r ~rlC'f A. ~eyLw/etEJL Please print name Date: /0/01/07 Title: %l.ifY/ c..rht....... DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK RECEIVED OCT 9 2007 ~outholrl Town Clerl . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARHIAGE OF'FICER 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. nort.hfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27, 2007 PLEASE TAKE NOTICE that the Town Board of the Town of Southold ENACTED the proposed Local Laws entitled "A Local Law in relation to Transfer Station" on May 22, 2007 "A Local Law in relation to Wind Enerln' Systems for Al!:ricultural Uses" on. July 17, 2007 "A Local Law in relation to Amendments to the Si n Re ulan'Ons" on July :31, 2007 " . D . .. fY 1m August 28, 2007 Please sign the duplicate of this letter and return to me 'af y6r4;~'l\l1I\l'~tconv~)1ience in the self-addressed envelope. Thank you. ;i7~j'1~IfQ.' 2:;A- ~"tt" Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department.?Jrlll1lDi~g Village of Greenport ,J':' ..;1:,..... .'.' ....,..'. .'....... Town of Riverhead .; . Southold Town Plannitig Board Southold Town Assessbfs Southold Town Building Department '". gfiglsland State Park Commission of Shelter Island f Southampton own Trustees wn130ard of Appeals ~~~ ~~' SIgn e, ij,~Eeived By !jH('i> Lo.u.fO~,~~10~ Please printti!l:i'Ile Date: IO/r/O') ""/ F'\?ij:\':;;',::; Titl~ 10 c..u.f.<;u,aJ ~o.f'\:t DUPLICA TETO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK r"~-" --. . . 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. north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 27,2007 . ,('1R~..~a~~/I... '/, Elizabeth~,.Neville ....,Town Clerk' Attachments cc: Suffolk County Department gf~!iWJling Village of Greenport _ ," Town of Riverhead Southold Town PlanniI!il Board Southold Town Assess~rs Southold Town Buildi~g.Department +~;, :R!1iK1irrL, "'<~ongIsland State Park Commission lJ:!~,Wl1 of Shelter Island ~'Iilf Southampton Soutff'ijldTOwn Trustees ." South6fftt~~)1f'13oard of Appeals -<iEdi::' '>:/!i,,:+ W,i" ,; - >-!i>> ',.:.:' '<iC ;:Yd" ,:Date: l-.Jf-IJ 7 3: /Jft/Yl. Title: :013f) R.I r)' 'id';:'>' 'k, DUPLICATE)"TO BE SIGNED AND RETURNED TO ,.lSOUTHOLD TOWN CLERK Southold Town Board - Letter Board Meeting of August 28, 2007 RESOLUTION 2007-718 ADOPTED Item # 25 DOC ID: 3147 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-718 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day ofJuly, 2007 a Local Law entitled "A Local Law in relation to an Al!:ricuItural Planned Development District", now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 28th dav of AUl!:ust at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Al!:ricuItural Planned Development District" reads as follows: LOCAL LAW NO.<<r> 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricuItural Planned Development District" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Lel!:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland Generated September 6, 2007 Page 47 Southold Town Board - Letter Board Meeting of August 28, 2007 through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation offarmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chanter 280 ofthe Code of the Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character Generated September 6, 2007 Page 48 Southold Town Board - Letter Board Meeting of August 28, 2007 and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementally sell his development rights to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181 (B). This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPDD upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. Generated September 6, 2007 Page 49 Southold Town Board - Letter Board Meeting of August 28, 2007 B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application 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 covering each parcel for which application is made; 3. Surveyor map showing each parcel proposed to be rezoned to AgPDD, and any improvements on each parcel. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning ofthe parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the Bfla the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. Generated September 6, 2007 Page 50 Southold Town Board - Letter Board Meeting of August 28, 2007 F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time ofthe application. Yield will be calculated as follows: Buildable Lands + Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. 1. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval ofthe proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days ofthe receipt of the Planning Board report, or the expiration ofthe Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision Generated September 6, 2007 Page 51 Southold Town Board - Letter Board Meeting of August 28, 2007 with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. The standard form may be amended if the landowner voluntarily requests additional restrictions or prohibitions and such restrictions are acceptable to the Town Attorney. Generated September 6, 2007 Page 52 Southold Town Board - Letter Board Meeting of August 28, 2007 b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least armually, set a price to be paid by the Town for AgPDD development rights sales for the purpose of this Chapter. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a Preservation Easement on the property in a form acceptable to the Town. The Preservation Easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination ofthe number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Plarming Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. Generated September 6, 2007 Page 53 Southold Town Board - Letter Board Meeting of August 28, 2007 F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to 9280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a Conservation Subdivision pursuant to 280-181(B), or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted; however, the Town will obtain the appraisal at the expense of the landowner. J. Unless otherwise specified, the price for development rights for subsequent development right sales to the Town will be as set forth in Section 280-176. 280-178. (Reserved) Generated September 6, 2007 Page 54 Southold Town Board - Letter Board Meeting of August 28, 2007 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within ISO feet ofthe existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in 9280-18 I C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to 9280-177G, the landowner is not eligible to pursue a standard subdivision. &280- 181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. Generated September 6, 2007 Page 55 Southold Town Board - Letter Board Meeting of August 28, 2007 B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-l77G, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to S280-l77G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Land already preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement or the yield calculation. The yield calculated pursuant to S280-l74F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. Ptj"U1Q.~~tJ., Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated September 6, 2007 Page 56 . . \.'vb Board Meeting ~f August 28, 2007 Southold Town Board - Letter RESOLUTION 2007-717 ADOPTED Item # 24 DOC ID: 3144 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-717 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to an Ae:ricultural Planned Develooment District" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board ofthe Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 4,2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. l"~j..~a2t-'lk. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generated August 30, 2007 Page 46 · COUNTY OF SUFFOLK- PI/ 7,' '/5- 8/""~7 STEVE LEVY SUFFOLK COUNTY EXECUTIVE August 23, 2007 THOMAS ISlES, AICP DIRECTOR OF PLANNING RECEIVtD DEPARTMENT OF PLANNING Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 AUC ? 7 2007 SO"I'. l~ T- '''n C' L '" .__IM .......n~ .ern. Applicant: Town of South old Zoning Action: Amendment to Section 280-170 thru 280-181 "Agricultural Planned Development District" Public Hearing Date: 8/28/07 S.C.P.D. File No.: SD-07-08 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision oflocal determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP Directo of Planning APF:cc G:\CCHORNY\ZQNING\ZONING\WORKING\LD2005\MAY\BR04-105.APR LOCATION H. LEE DENNISON BLDG.' 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 . (631) 853-5190 TELECOPIER (631) 853.4044 . . MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND OFF1CE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD RECEIVi:D MEMORANDUM hue ? f 2807 To: Scott Russell, Supervisor Members of the Town Board Soulhdd Tc,vm (lerh From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Date: August 28, 2007 Re: "A Local Law in relation to Amendments to an Agricultural Planned Development District. " As requested, Planning Board and staff have reviewed the above-captioned local law proposal and support its adoption, with the following comments and/or recommendations: I. Section 280-181 B states that "Any subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel and density reduction of seventy five percent of the original yield." It should state that the preservation must be equal to a minimum of 80% of the buildable lands. 2. Section 280-181 C, states that in the event the Standard Subdivision option is pursued by the property owner, land preserved by the sale of development rights shall not be applied toward any preservation or subdivision open space requirement. This section of the legislation also refers to Chapter 240 of the Town Code with respect to the calculation of yield. However, to be clear it should also state within the proposed legislation that the preserved land shall not be used for the purposes of establishing yield. 3. A general concern of the Planning Board is how the proposed AgPDD will impact the existing Land Preservation Program. The Board has the same concerns as the Land Preservation Committee and defers to their memorandum to the Town Board dated August 23, 2007. If you have any questions or need additional information, please feel free to contact this office. . Valerie M. Scopaz . August 27, 2007 Scott Russell, Supervisor Members of the Town Board P.O. Box 1179 Southold, NY 11971 Re: Proposed Agricultural Planned Development District On reading the proposed legislation, the following questions came to mind. 1. Section 280-173 does not allow farmed parcels under seven acres in area to be considered. What is the rationale for this? 2. Section 280-173. If the primary intent of the APDD is to preserve working farmland, why does the Town Board have to "find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town"? 3. Section 280-174. What is the reason for changing the standard process by which change of zone applications are reviewed? The proposed process allows a Town Board to dismiss an application without benefit of input from the Planning Board, not to mention the Land Preservation Committee. This suggests a politically-driven review rather than a planning-driven review.. 4. Section 280-174. Why isn't there any reference to the mandated environmental review process during the change of zone process? 5. Section 280-174. Will the Planning staffbe able to determine buildable lands using just survey data required of the applicant? If more information is needed, who will be responsible for providing the information? 6. Section 280-177. Subsection G. needs clarification. It states that the Town "shall purchase ten percent ...ofthe residual development rights." Then it states that more or less than ten percent can be offered by the landowner. This suggests that the ten percent requirement is not actually a requirement. It also raises the possibility ofa property owner holding 50 acres of land in a APDD having the option of offering for sale each year of just one percent of the remaining rights. The increase in administrative cost to the Town of this paperwork should be factored in, particularly since no fees are proposed to be charged for any aspect of the APDD. 7. Section 280-180. The wording of Subsection A. suggests that the Town Code itself will be amended with each rezoning to an APDD in order to define and describe the reserved development area. This means the Code would have to be amended and literally reprinted with each rezoning. This does not sound practical. Further, the wording does not specify what constitutes a "development" area. Nor does it provide any parameters whatsoever as to the placement of this development area. Who decides where it will be located? How will it be defined? Further, the legislation does not specify what structures would qualify as "those for agricultural production". Nor does it Po. Box 1655 Southold, NY 11971 6317655552 . Valerie M. Scopaz . explain whether the structure's footprint or the footprint plus a yard will be used for calculating the acreage to be deleted from the land from which development rights may be sold. 8. The "out" provided in Subsection E. and Section 280-181.C. is troublesome in its wording. If, as suggested in Section 280-177, a property owner can offer less than ten percent to the Town, a landowner can offer a series oflesser percentages for purchase up until the tenth; and if the Town refuses to buy the tenth, the landowner is free to pursue a subdivision. Is this what is intended? In closing, there are larger unanswered questions implicit in this proposed legislation. For instance, the success of the purchase of development rights program is partially dependent on the current structure of federal tax law. What if that law changes within the next couple of years? How might that affect the potential impact of this proposed legislation. The demand for luxury housing in this Town is likely to continue to rise and as it does, competition for land will intensify. The prospect of the Town negotiating piecemeal for that land, one development right at a time, over an indeterminate period of time is a serious issue worthy of informed discussion. However, the absence of a factual and analytical report examining the issue makes informed public review and discussion impossible. I strongly urge the preparation of a background report to provide a rational basis for public review and discussion ofthis proposed legislation. Sincerely, Valerie M. Scopaz, AICP P.G. Box 1655 South old, NY 11971 631 7655552 . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER -yrzL72R~ I..:t.rur SO{J;;;;;~ '~JI~\ . .~ ~ ~ ~. ~{! ,?p ~~ cy '1 COUN1'C\\~';'1;Y ~f~;;# . Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtown .northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD --r l A Y"\ 1'\ ; \'15 be) to,- td Cd l'Y1 M eM...--!:s MEMORANDUM RECEIVED To: Scott Russell, Supervisor Members ofthe Town Board AUG 2 8 2007 From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Southard Town Clerk Date: August 28, 2007 Re: "A Local Law in relation to Amendments to an Agricultural Planned Development District. " As requested, Planning Board and staff have reviewed the above-captioned local law proposal and support its adoption, with the following comments and/or recommendations: 1. Section 280-181 B states that "Any subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel and density reduction of seventy five percent of the original yield." It should state that the preservation must be equal to a minimum of80% of the buildable lands. 2. Section 280-18IC, states that in the event the Standard Subdivision option is pursued by the property owner, land preserved by the sale of development rights shall not be applied toward any preservation or subdivision open space requirement. This section of the legislation also refers to Chapter 240 of the Town Code with respect to the calculation of yield. However, to be clear it should also state within the proposed legislation that the preserved land shall not be used for the purposes of establishing yield. 3. A general concern of the Planning Board is how the proposed AgPDD will impact the existing Land Preservation Program. The Board has the same concerns as the Land Preservation Committee and defers to their memorandum to the Town Board dated August 23, 2007. If you have any questions or need additional information, please feel free to contact this office. . i: /JfI 3/.lEr/o 7' 7: <is,oh'l MELISSA A. SPIRO LAND PRESERV AnON COORDINATOR melissa.spiro@town.southold.ny.us OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs A venue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD _ r'''''~';' . '"'\ "" ..\ ',1.1 ",~,<-,I. - TO: Supervisor Russell Southold Town Board FROM: Land Preservation Committee Members Melissa Spiro, Land Preservation Coordinator < \r,.-~.~, Tu'~ n Cjet" ~ou .:........ DATE: August 23, 2007 RE: A Local Law in relation to an Agricultural Planned Development District Comments for August 28, 2007 Public Hearing The Land Preservation Committee and I would like to submit the following comments for the August 28, 2007 pubic hearing on the proposed Local Law in relation to an Agricultural Planned Development District. Section Specific Comments Section 280-170 The second sentence needs clarification and should be re-written as follows: This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementallv sell his development rights that can be immediately transferred or sold, incr-ementally ar at one time, to facilitate the preservation of farmland without having to subdivide his property. The second to last sentence should be clarified as follows: The development rights can be sold on an incremental basis while assuring the town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-1818. The last sentence should be clarified as follows: This Agricultural Planned Development district creates a mechanism whereby the property can be rezoned to AQ PDD upon application of the landowner. Section 280-171 Definition of Development Rights. This definition differs from that in other sections of the code and should be clarified. 1 Section 280-173 and Section&-174 . The legislation allows properties meeting the listed standards and criteria to be deemed eligible for rezoning. It is our understanding that the intent was for the entire property to be rezoned; however, this is not clear in the legislation. In fact, the wording of Sections 280-174 A. 2 and 3 could be interpreted to mean that only a part of the property will need a deed/survey and thus only part of the property will be re-zoned. Legislation should be clarified to note that rezoning will involve the entire, and not part of the property, and Sections 280-174 A.2 and 3 should be re-worded to require deed/survey of entire property. Section 280-174 (F) The proposed legislation states that "Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel." If the legislation is adopted, after adoption, clarification and policy will be needed to define/explain non-agricultural production uses versus agricultural production uses as there are some uses allowed in A-C/R-80 Zoning District (and similar zones) which may be open to interpretation as to whether they are non-agricultural production uses or agricultural production uses and how many development rights are associated with such use. For example; wineries, stables and riding academies, two-family dwelling and accessory apartments are allowed uses within the A-C/R-80 Zoning District. Will these uses reduce the number of development rights available for sale on a parcel? There have been discussions (in regard to Ag POD and other town initiatives) about changing the Bulk Schedule minimum requirement for certain uses allowed within the A-C/ R-80 Zoning District (and similar zones.) Such change is likely to help clarify the subject statement in the legislation. Section 280-174 (E). Typo: ...and the anellJ:1e... Section 280-174 (F) The following wording should be added: Any existing non-agricultural production uses and non-buildable land shall reduce the number of development rights available for sale on a parcel. Section 280-174 (H) References to "other committees" should be deleted. Section 280-175 C.1. This Section establishes the term Preservation Easement (the "Easement"); however in other places within the document the easement is referred to as a conservation easement. It is recommended that Easement is the term that should be used throughout the document. The sentence in Section 280- 175 C.a. should be revised to read: The landowner shall file aD-Preservation Easement (tAe "Easement") on the property following the sale... The rest of the proposed legislation should be reviewed so that any reference to conservation easement is replaced with "easement." Section 280-175 C.1.a. The Committee supports the use of a standard form. However, the Committee feels that there may be cases where the landowner voluntarily requests language restricting the allowed coverage and location for residential and/or agricultural structures more than that of the standard form. For this reason, the Committee supports the following revision: The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the Ag POD. The standard form mav be 2 amended if the landow.voluntarilv reauests additional res.ions or prohibitions and such restrictions are acceptable to the Town Attornev. Section 280-176 The following wording should be added: The Town Board shall by resolution, at least annually, set a price to be paid by the Town for Ag POD development right sales for the purpose of this Chapter. The Committee supports the changes that have been made to the revised legislation in regard to obtaining appraisals. However, the Committee feels that additional procedure is needed to set the annual price in an efficient and fair manner. The Committee recommends that 3 appraisals be obtained and that the arithmetic average be used to determine the annual price, unless one appraisal deviates more than 10% in value. In this case, the average will be determined without using such appraisal. Section 280-177 A new item should be added to this section clarifying that the price for development rights for subsequent development right sales to the town will be as set forth in Section 280-176, unless otherwise specified. Section 280-177 (I) The intent of this section is to allow the landowner whose property is zoned Ag POD to negotiate with the Town for the sale of all of the remaining development rights as opposed to requesting incremental sales. Landowners would be required to sell all but the amount of development rights meeting the Ag POD Conservation Subdivision requirement. This section should be clarified as follows: Participation in the Ag POD shall not preclude the landowner from participation in other preservation programs~ , inol~8iAg but not limited to, negotiating If the landowner chooses to neaotiate with the Town for the sale of all development rights. the Town will onlv consider a Conservation Subdivision pursuant to 280-181B. or the sale of all remainina development riahts on the parcel. and the Town will onlv pav for the appraisal one time. If the landowner ohooses to negotiate with the tOWA fer sale of development rights, the TO'....n willl3ay for the appraisal one time. If aareement is not reached. A~ny subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the town will obtain the appraisal at the expense of the landowner. General Comments 1. Legislation once adopted, will require a significant amount of additional staff time (Planning/Land Preservation /Attorney) to develop policies, procedures and standardized forms. tt is unknown whether the proposed Ag POD will generate interest from landowners who would not otherwise have pursued the existing PDR program. If the proposed Ag POD results in additional landowners preserving their land by incremental amounts then the legislation/program is worth the effort. If the program draws applicants from landowners who currently would otherwise have sold development rights in total (or near total) then perhaps the legislation/program is not worth the effort. 2. Comment #2 from Land Preservation Committee's May 7,2007 memo has not been addressed: The proposal for the Town to reserve the funds to purchase 10% of the development rights enrolled in the Ag POD may damage the existing preservation program. In recent years the Town's program has been very successful in closing preservation deals within "take it or leave it" time that mayor may not be needed for the Ag POD program may hinder the Town's ability to 3 ~ continue with such projects.d would result in the Town losing cAr projects using the current program. The LPC recommends that if an incremental development rights program is established the Town should fund it with bonds dedicated to the incremental program and not use CPF funds. 3. Comment #4 from Land Preservation Committee's May 7, 2007 memo has not been addressed: The change implied in the proposed program for farmland owners being paid per development right instead of per acre as is the usual case under the existing program needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined the yield formula outlined in the proposed code may give a bonus to the same parcel in the incremental sales program compared to the existing program. While a bonus to encourage preservation is not necessarily a bad thing in the case of the Ag PDD the bonus was intended to be the ability to sell development rights incrementally, offering an incentive over and above this may result in landowners that would currently apply to the existing program with large projects to apply to the new program with much smaller projects which would decrease the preservation rate. The LPC recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. 4. Comment #6 from the Land Preservation Committee's May 7, 2007 memo has not been addressed: One of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation that requires payment of full capital gains up front even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed Ag PDD program is a way around this that will provide important tax benefits to participants and therefore an incentive to join the program. The LPC recommends that this be researched and confirmed or denied by the IRS so that the Town and farmland owners know exactly what the tax consequences of the program will be. 4 .. . . EJJ WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 31st day ofJuly, 2007 a Local Law entitled "A Local Law in relation to an Aericultural Planned Development District", now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearin2 on the aforesaid Local Law at the Southold Town HaIL 53095 Main Road. Southold, New York. on the 28th dav of AU2ust at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Aericultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an A2ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Le2islative Intent. Farmland is a critical component of the Town of South old's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation I Reflects f,P(FCXi,~jgIJ~Lda(('(18/2J/2()()71 . . efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number oflegislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation offarmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of Southold is herebv amended to create a new Article XXX. as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with all cxpcditious means tl2.il]!;.ccmcntallv sell his development rights that ean be immediately trarmfcrred or sold, ine-rementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis fReflec!:y_~Fr' I'('\'isirms doted 8/1J/]()()7/ . . while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to 280-181J..m~ This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPQD upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280- 173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of South old must meet all ofthe following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7) acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or oftwo or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. I Reflects 1.1)(' 1'i~~'i:i..!e.IJ.~' dated 8/J3/1()()71 . . 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application approved by the Town Board, including the name ofthe owner and/or applicant, description of current use of the property, and disclosure affidavit; 2. Deedfst-rovering all ~acJ}.lLan;cllands for which application is made; 3. SurveyW or mapfst-showing alllanas cachJ2arccl proposed to be rezoned to AgPDD, and any improvements on tilese lands. ~ach Imrccl.. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt ofthe application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. !fthe applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the ana tile Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands.;- Minimum Lot Area of Zoning District= Yield on Entire Parcel. I Refleels rile rn'isi()U,_"d((L(:{~"</']3/1()()71 . . The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other eemmittees shall provide a report within ninety (90) days ofthe date ofthe meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report ami other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. 1. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations ofthe Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations ofthe Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days ofthe receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days ofthe date ofthe closing ofthe public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such f Reflects LPC I'(Tisio!1,\' doled (Y/,]3,'}{)()7/ . . rezoning, the Town board shan determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environment any damaging consequences. If approved, the Town Board shan 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. Any such approval shan be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shan become part of this Town Code and the Zoning Map shan be amended accordingly. B The Land Preservation department shan coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Fonowing a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shan sen at least one (I) development right to the Town. The landowner shan file a Preservation Easement (the "Easement") on the property fonowing the sale, in the form provided by the Town, which shan indicate that at least one (I) development right has been so ld, and shan also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shan be in a standard form,_acceptable to the Landowner and the Town Attorney and shan be consistent with the terms of the AgPDD. Thc.standard form mav bc amended if thc landowner "olllntarilv requests additional restrictions or prohibitions ami such restrictions are acccptable to tIll; Town Allornrr I Reflects f,P(Jf\ 'isiOI1S dal((1 8/l3/2()() 7/ . . b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales f()1' the pUl:pgse of this Chapter. This priee shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part ofthe parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation Pre~et:vati'Jn Easement on the property in a form acceptable to the Town. The conservation preservation Easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search ofthe property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. fRcflc~JY {PC 1'C\'isirms dW~'ll8/lJ/l()(J71 . . E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to 9280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs., inehllling bllt not limited to, negotiating If a landownerwi;;he~; lD negHtiat€-with the Town for the sale ofall development rights, the Town. will onlv consider a COrlservation Subdivision pursuant t{)2RO-181 B. or the.sale of all rcmaining developm~l]l rights on the par.eel. and the Town will on Iv pay ftJr the appraisal Onl,' time. Iftne llHldo'Nner ehooses to negotiate with tne Town for sale of deyelopment rights, the Town v,ill pay for the lIflpraiaal one time.lfagreement is not re.aehed betwecrUhe Town and thcJ.cmdowncL. any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, howeverLthe Town will obtain the appraisal at the expense of the landowner. .r. Unless othcrwise spccificd. the price. ftlr developmcnt rights ttlr subscguenJdevclopmcnt right sales to thlC.lown will bc a.s.set forth in Section 280-176. 280-178. (Reserved) l R(11e(L~__LPC /'C\'isiolls du(('d.i"{/] 3/20071 . . 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet ofthe existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. Ifthe Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in S280-181 C. Ifthere has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to S280-177G, the landowner is not eligible to pursue a standard subdivision. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board ofthe number of development rights remaining on the parcel. {Rdlects LPCD'\'isioJls dated 8/2J;)QQl1 '. , . . . 8. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) ofthe parcel, and density reduction of seventy-five percent (75%) of the original yield. Ifthe landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-l77G, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to g280-l77G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to g280-l74F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 ofthe Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity ofthis law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I Rei/eelS /J~C n','isioll.\ da~qL8/l3/l()()71 . RECEIVi::D ~; {JfI rf -..;[1- tJ 7 7.' f' S~"" Southold Town Board AUG 2 0 2007 17235 Soundview Avenue Southold, NY 11971 August 15, 2007 SoutllOld TCiwn Clerk Dear Town Board; This letter concerns the proposed land preservation law (POD) to be heard on 7/28/07. Having given the proposal some thought, I discuss the pros and cons as I see them. General Comments. Land preservation in Southold is a process tailored to the desires and needs of landowners and to the judgement of the Town as to the urgency of preservation. A fina1 agreement is reached on the easement appropriate for that particular property. The proposed law takes a very different approach which permits installment sales of development rights at a fixed price for all sales with a single easement for all sales. The new law is different from present laws in that it preserves later instead of now. This new approach requires the proper language to safeguard the Town and landowners as much as possible and I know that a lot of thought and discussion has gone into the details of the proposed law. The question remains; is it a good instrument for land preservation? 1. Pro. The proposed law permits the installment sale of development rights. This aspect is viewed as an inducement to preservation. It is "another tool in the box". The need to keep the procedure simple leads to a single price and a single easement. The simplicity of the procedure should allow the farm land owner to obtain substantial money quickly, perhaps in 30 days, without fees to appraisers, surveyors and attorneys. The easement will be written to allow agricultural production the greatest possible freedom. Con.. The price will be too high per acre for a large lot and too low for a sma1llot. This is because the price per acre decreases with increasing lot size while the price comes from an average. The standard easement, if substantially more favorable to farming than the normal easements, may undercut the present program and/or arouse the opposition of the public. . 2. Pro. The law allows the sale of\i2 a development right (1 acre) a year. The money could be useful to upgrade the farm, send children to college, or provide tax free gifts to children ($22,000 each per year). Con. The law requires the farmer to preserve the land either by sale of development rights or proceeding with a cas.. There is no exit unless the Town reneges. The cas requires 80/75 instead of 80/60 resulting in fewer lots for sale. 3. Pro. The law protects the farmer from up-zoning. Con. The law may result in early up-zoning if the Town runs short of money, but the same can be said about the current program. 4. Pro. The law allows the farmer to average out over real estate market fluctuations. Con. The law does not allow the farmer to wait for a high price and then sell all the development rights. However, the owner can also apply to be in the current program as well as the POD.. Running the numbers shows that the monetary yield can be the same from regular . . . installment sales or a total sale up front, depending on market assumptions. 5. Pro. The law in intended to keep the farmer in a lower tax bracket by installment sales. Con. The IRS may not agree. Enquiries are being made and efforts are underway in Washington to aid installrnent sales. I do not know the result, 6. Pro. The price set by the Town for a development right with advice of appraisers is published, avoiding haggling and delays. Con. The Town may chose to offer less than the true value of the right. However, language has been included to release the owner if the Town overtly "low-balls" the appraisal. 7. Pro. The law offers a new preservation tool which could be useful to certain individuals depending on factors such as age, business needs, number of children etc. Con. The law requires the Town to buy the development rights at the 10"10 level every year so that funds must be set aside for that purpose. This can undercut the existing land preservation program unless new sources of support are found. 8. Pro. The law is restricted to farmland, owned or rented, with the intent to support the industry. Con. The law gives the opportunity for early retirement by selling off a lot or two a year. The convenience of selling in the proposed program may tempt earlier sales that in a CDS. Final Comment This report was prepared by me, Ed Booth and reflects my views. It has been somewhat tempered by a rebuttal from John Sepenoski. I think it is fair to say that not all active farmers are enthusiastic about the proposal, though it may well fit the special needs of some. I would like to hear an evaluation of the final proposal by banking and appraisal professionals as to the effect of the PDD encumbrance on the property value.. . . #13492 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 16TH day of Auaust. 2007. ~ttC( ~~3al~ Principal Clerk I /JJ day of au ~ JJt- Sworn to before me this 2007 en 1617 1& I UOUhfv/ CHRISlINA VOLINSKI NOTARY PUBLIC-STATE Of NEW YORK No.Ol_V06105050 Qualified In Suffolk county OB comn'llfiSiOn Expires (ebruQrV 28. 20 '<- 'k The Suffolk Times. August 16, 2007 . 43 ;~J..,; t.';'-- (' LEGAL NOTICES offarmland-witbout-havingtosubdivide . his pwperty. The development rights Can be sold on an incremental basis LEGAL NOTICE while assuring the Town of the opportu~ NOTICE OF PUBLIC HEARING nity to purchase the remaining develop~ NOTICE IS HEREBY GIVEN ment rights applicable to the property, there has been presented to the Town except those that may be used to de- Board of the Town of"Southold, Suffolk velop a conservation subdivision. This County, New York, on the 31st day of Agricultural Planned Development July, 2007 a Local Law entitled ~ District creates a: mechanism whereby eall.aw in relation to an Apcultunl the property can be rezoned upon ap- pt....... DeMo.Dlem Distrid:", and plication of the landowner. NOTICE IS HEREBY FUR'I1IER 280-171 Definition GIVEN that the Town Board of the DEVELOPMENT RIGHfS ~- The Town of Southold will hold a IlJIhIk rights permitted to a lot, parcel, or area hearin. on the 1If0resaid. 1.ocaI law at of land under a zoning ordinance or 10- the Southold Tnwn Hall. S3095 Main callaw regarding permissible use, area, Road. Soutbold. New Yon. on the 28th density, bulk, or height of improvements dav of AnlJlla at 7:45 n.ID. at which time executed thereon. all interested personS will be given an 71ID-172. Classification. opportunity to be heard. A. The Agricultural Planned Devel. The proposed Local Law entitled, "A opment District (AgPDD) is established I ,neB. law in relation to an Ammltural as a Planned Development District pur- Planned Develonment DistTict" reads suant to Town Law Seetion 261-c. as follows: B. The AgPDD classification may LOCAL LAW NO. 2007 be considered on a floating zone basis. A Local Law entitled, "A l,oeaI Law Upon rezoning to the AgPDD c1assifi. in relation to an APriodtnral Planned cation, all principal and accessory uses, neve....-" District". restrictions and controls listed in the _BE IT ENACI'ED by _ the Town specific AgPDD shall govern the lands Board of the Town of Southold as fol- subject to the rezoning. lows: 280.173. Reauirements for Elh!'ibil. LI.eI'i".tive Inlen'. ily. Farmland is a critical component of All properties meeting the standards the Town of Southold's rural character. and criteria set forth in this Article shall Agriculture provides the cornerstone be deemed eligible for rezoning as an of the land use environment valued. by AgPDD. In order to be considered for year-round residents as well as visitors. rezoning to AgPDD, lands in the Town Numerous planning documents and of Southold must meet all of the follow. studies in the Town's comprehensive ing criteria: planning over the past 20 years have A. The lands must consist of a sub--d.i- recognized this value and have recom- vidable parcel of at least seven (7)acres mended strategies to preserve this key meeting the Town's preservation goals resource. In recent years, the Town has and included in the Community Preser~ engaged in an aggressive effort to pre- vation Project Plan (CPPP), which may serve farmland through the use of a va- consist of a lot designated as ,a separate rietyofconservation tools, most notably tax map number, or of two or more the purchase of development rights. The contiguous lots with separate tax map Town has joined with other governmen- numbers. A landowner may also apply tal agencies at the Federal, State and for the rezoning of a parcel contiguous County levels, and with conservation to property already zoned AgPDD or groups such as the Peconic Land nust already preserved. even if smaller than to further its efforts. seven (7) acres. In addition, the Town has made use B. The parcel must be enrolled in an "Ofvariouslong~ and short~tenn funding agricultural district or individual com- options to purchase interests in farm-'" mitment, pursuant to Article 25AA of land; such as- the Community Preser- New York State Agriculture and Mar- vation Fund (CPF) transfer tax, voter~ _ ketsLaw. _ __ " _', _ ____ -no 1 . --'l'r;o~ -I.qw- 10ll'....... n~ (;. llle l~~ must find that Board recognizes that preserVation ef~ the parcel provides an environmental, forts must cOntinue in accordance with physical, economic, aesthetic, social or the Town's comprehensive planning . cultural benefit to the Thwn. ' efforts and ini.tiatives.Additional funds ?:RO-174 Zoning Aooroval. Annlica~ will be required, and if possible, lever. tion and review nrocedure. aged, to enable the Town to continue The Town Board may rezone lands to purchase interests in farmland and from that of their underlying wning dis- retain the Town's rural character. trict to the AgPDD classification upon The Town Board determines that its written application of the landowner land preservation efforts can best be ac. pursuant to this Article. complished through a number of legis- A. Application. An applicant shall lative initiatives. This local law creates submit two (2) copies of the following an Agricultural Planned Development to the Town Board: ' District, a floating zone classification. 1. Form of Application approved by The Agricultural Planned Develop_- the Town Board, including the name of ment District is intended to encourage the owner andlor applicant, description the preservation and conservation of of current use of the property, and dis- farmland, while preserving land equity. closure affidavit; It is intended to provide incentive to 2. Deed(s) covering all lands for Landowners dedicated to the preserva- which application is made; tion and conservation of farmland. New 3. Survey(s) or map(s) showing all York State Town Law Sections 261.a lands propa-scd to be rezoned to Ag- and 261-c provide the framework to ac. PDD, and any improvements on those complish these goals. . lands. The Town Board seeks through this B. Upon receipt of a completed appli- legislation to provitle for the incremen- cation, the Town Board shall review the tal sale of development rights by land- application at a worksession and make owners whose property is actually used a preliminary determination whether in agricultural production. This will be the Board is interested in considering accomplished by providing a source of rezoning of the parcel to AgPDD. If the _ funds to facilitate agricultural produc. Town Board is interested in considering tion without requiring the sale of all the rezoning, it shall refer the applica- development rights applicable to the tion to the Planning Board and the Land property, at the same time reducing the Preservation Committee for review and density potential on the property. The recommendation. benefit to the Town, in addition to fa. C. Upon receipt of the application, cilitating agricultural production, is the the Land Preservation Committee assurance that the Town will have the shall consider the application at its next option purchase the remaining develop- meeting and prepare recommendations ment rights on a parcel, excepting those to the Town Board with a copy to .the that are necessary for a conservation Planning Board. subdivision at the density/open space D. If the applicant seeks agricultural percentage as required by this legisla. and/or residential structure areas, the tion. placement shall be agreed upon among n. Chanter 280 of the Code of the the Land Preservation Committee, the Town of Soutbo.d is berebv amended to Planning Board and the landowner. create a new Artide xxx. as followS: E. Upon recommendation of the Sec. 280.170. Pumose. Planning Board and the and the Land The Agricultural Planned Devel- Preservation Committee, the Land opment District emphasizes the im~ Preservation Coordinator shall commis. partance of agriculture as both a vital sion a survey and a title search of the economic base and as a land form that . property, which will be forwarded to the provides the town with much of its rural Planning Department upon receipt. character and scenic beauty. This pro- F. The Planning Department will cal. gram will provide the landowner with cutate the yield on the parcel based on another mechanism to access the equity the zoning in effect at the time of the in his land by providing him with devel- application. Yield will be calculated as opment rights that can be immediately follows: transferred or sold, incrementally or at Buildable Lands -;- Minimum Lot one time, to facilitate the preservation Area of Zoning District= Yield on En. + + L tire Parcel. The landownec will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non~agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the re- zoning of any lands to the AgPDD clas. sification. H. The Planning Board and other committees shall provide a report with. in ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board untit' receipt of the Pl~nning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review peri. od may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preser. vation Committee. 1. Planning Board Report. The Plan. ning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting d9Cuments, the recommendations of the Land heserva- tion Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing char. acteristics of the property and the sur- rounding 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 Chap- ter. The Planning Board's report shall provide detailed reasons for its recom- mendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, which. ever occurs fmt, the Town Board may .sched.uJe. a public heating on the appli- cation, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezon- ing and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains ad- equate resources, environmental quality and public facilities, including adequate transportation, water supply, waste dis. posal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zon- ing 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. Any such approval shall be subject to the Condi- tions of Approval as set forth below in 280-175 of this Chapter. 28Q..175 C.nnditionsof Aonroval. A. The boundaries of the re.zoned propertY, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accord. ingly. B. The Land Preservation depart- ment shall coordinate the closing and filing of the easement in accordance with their normal procedures for pur. chase of development rights. C. Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indi. cate that at least one (1) development right has been sold, and shall also indi. cate the number of remaining develop- ment rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consis~ tent with the terms of the AgPDD. . b.Th<>............_l>e.l'eeord..H.. . the Office of the Suffolk County Clerk. 280-176 Price for Develonment Bi&!U> The Town Board shall by resolution, at least annuaHy, set a price to be paid 'by the Town' for AgPDD development . rights sales. This price shall be the fair market value of development rights for non.waterfront farmland of average size with an average amount of road fron~age, obtained from two indepen- dent certified appraisers. 280~177 Subseauent Development Right Sales to the Town . A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or _ to others pro- vided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordina. tor shall make a determination of the number of development rights remain- ing for purchase on the parcel based on the original yield as calculated by the Planning Department less any devel. opment rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a pub- lic hearing on the question of the pur- chase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights pur- chased and the number remaining on the parcel. At the time of sale, a pres. ervation easement as set forth above in 280-175 shall be flied indicating the ad. ditional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be pur. chased by the Town in increments of one.half (112) of a development right. F. The Town Board shall not be re. quired to purchase development rights from a parcel zoned AgPDD sooner than 180 (.one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to ~280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual devel. opment rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of devel. opment rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from partic. ipation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all devel~ opment rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any sub- sequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will ob. tain the appraisal at the expense of the landowner. 280.17R (Reserved) 2RO.179. Clearing House. The Land Preservation Coordina. tor will maintain a log indicating the development rights sold and remain. ing on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 ["..anditions A. Any reserved area for develop. ment shall be set by the Town Board and defined in the Town Code at' the time of rezoning to AgPDD. A land. owner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new ad. dldollahe...-....! are_ bededuetod from the avSllable devoicipment rights on the parcel, and any J'CIfluction in the reservedarea may incre8,lllllthe develop. ment rightsllnilable on ~.parceI.Any reserved me fordevelopmCntshall not exceed 2O%ilJl tbt:l1uiJdab_.area of the parcel. B. Any structure p~.on a par~ cel which is zoned AgPDD ~ require the approval of the Land- 'reserva- tion _ Committee prior to iss~ of a building permit. The approval1Pf the committee shall take into ~t the conditions set forth in the presenution easement on the property. ... C. If a residential structure exis~on property zoned AgPDD, any new s=,. ture accessory to such residence m t be located within 150 feet of the exist ing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights avail. able for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280.177G, the landowner may pur. sue a Standard Subdivision as set forth in ~280-181C If there has been a sub- sequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to ~280~ 177G, the landowner is not eli- gible to pursue a standard subdivision. &280-1Rl Subdivision A. If the landowner of property zoned AgPDD fLIes for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parceL B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reductipn of sev~ enty-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required pr~ser~ vation component. . C. If the Town elects none purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town's election not to purchase development rights pursuantto ~280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was wned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the sub. division. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivi- sion open space requirement. The yield calculated pursuant te ~280-174F shall not be the yield for the standard sub. division. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. m. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect im. mediately. upon filing with the Secretary of State as provided by law. Dated: July 31, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8492-1T 8/16 . 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. northfor k. net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD Jerilyn B. Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: August 10,2007 Re: Reso.'s #655 & #657 regarding proposed Local Laws in relation to "Agricultural Planned Development District " & "Amendments to Peddlers, Solicitors and Transient Retail Merchants" of the Code of the Town of SouthoId The Southold Town Board at their regular meeting held on July 31, 2007 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearings are 7:45 PM & 7:50 PM, Tuesday, August 28, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosures (2) cc: Town Board Town Attorney , --- Very truly yours, r""d_A'lilzlO.~ ~;~:~NeviIle Southold Town Clerk . 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 August 10, 2007 Re: Reso.'s #655 & #657 regarding proposed Local Laws in relation to "Agricultural Planned Development District " & "Amendments to Peddlers, Solicitors and Transient Retail Merchants" of the Code of the Town of Southold Andy Freleng Suffolkd County Department of Planning PO Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on July 31,2007 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Department for their review. The date and time for the public hearings are 7:45 PM & 7:50 PM, Tuesday, August 28, 2007. Should you have any questions, please do not hesitate to contact me. Thank you. Enclosures (2) cc: Town Board Town Attorney Very truly yours, , ~Oflu4 Elizabeth A. Neville Southold Town Clerk . LEGAL NOTICE . NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to an Ae:ricultural Planned Development District", and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearine: on the aforesaid Local Law at the South old Town Hall, 53095 Main Road, Southold. New York. on the 28th day of Aue:ust at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Ae:ricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Ae:ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of South old as follows: I. Lee:islative Intent. Farmland is a critical component ofthe Town of Southold's rural character. Agriculture provides the cornerstone ofthe land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 26 I -a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural pro.tion without requiring the sale of all Alopment rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation offarmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of South old must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The par'must be enrolled in an agricultural dislt or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies ofthe following to the Town Board: 1. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search ofthe property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands -0- Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The plalng Board and other committees shall _ide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. 1. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations ofthe Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration ofthe Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days ofthe date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy ofthe resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part ofthis Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 ofthe Town Code and Chapter 247 ofthe General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the proJy following the sale, in the form provil by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form,_acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search ofthe property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to S280-180E. G. Upon thtandowner's application, the Town sha~urchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, ifrequested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense ofthe landowner. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280- 177G, the landowner may pursue a Standard Subdivision as set forth in 9280-181 C. If there has been IbSeqUent request by the landowner fofurchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to 9280-1770, the landowner is not eligible to pursue a standard subdivision. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280- 1770, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to 9280- 1770, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to 9280-l74F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: July 31, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON AUGUST 16, 2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Board Members Town Attorney Planning Land Pres Town Clerk's Bulletin Board . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of ~. 11 k ,2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH AgPDD, August 28, 2007, 7:45 pm C/~M.t a~,-t1~ beth A. Neville Southold Town Clerk Sworn before (j this -1.D.... day of 1 1 If L...d k- , 2007. E7fC~o- M G.Q otary Public LYNDA M. BOHN NOTARY PUBLIC, State of New Yorlc No. 01806020932 Qualified In Suffolk Countr Term Expires March 8, 20 JJ.. . Southold Town Board - Letter . Board Meeting of July 31, 2007 RESOLUTION 2007-656 ADOPTED Item # 17 DOC 10: 3085 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-656 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to forward "A Local Law in relation to an Al!ricultural Planned Development District" to the Southold Town Planninl! Board and Suffolk Countv Planninl! for review and comments. ~~_:IL.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 2, 2007 Page 39 ~. " . Southold Town Board - Letter . Board Meeting of July 3 I, 2007 .-~ .11, RESOLUTION 2007-655 ADOPTED Item # 16 DOC ID: 3082 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-655 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 31, 2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day of July, 2007 a Local Law entitled "A Local Law in relation to an A!!:ricuItural Planned Deyelovment District", now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a vubHc heann!!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 28th day of Au!!:ust at 7:45 V.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an A!!:ricuItural Planned Deyelovment District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an A!!:ricuItural Planned Develovment District" . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Le!!:islatiye Intent. Farmland is a critical component ofthe Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland Generated August 2, 2007 Page 29 J ,t, Southold Town Board - LJPr Bid Meeting of July 31, 2007 'I through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chanter 280 of the Code ofthe Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character Generated August 2, 2007 Page 30 , . Southold Town Board - Letter . Board Meeting of July 31, 2007 and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation offarmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. Generated August 2, 2007 Page 31 J Southold Town Board - L.r Bid Meeting of July 31, 2007 . B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an enviromnental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval: Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. Generated August 2, 2007 Page 32 , . Southold Town Board - Letter . Board Meeting of July 31, 2007 F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands -T Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations ofthe Land Preservation Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. J. 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 may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. Generated August 2, 2007 Page 33 I Southold Town Board - L.r B.d Meeting of July 31, 2007 K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard formLacceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. Generated August 2, 2007 Page 34 ; . Southold Town Board - Letter . Board Meeting of July 3 I, 2007 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of development rights for non- waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same Generated August 2, 2007 Page 35 I Southold Town Board - Llr Bid Meeting of July 31, 2007 . parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuantto 9280-180E. G. Upon the landowner's application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November I of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. 1. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area Generated August 2, 2007 Page 36 , . Southold Town Board - Letter . Board Meeting of July 31, 2007 may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in g280-181 C. Ifthere has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to g280-177G, the landowner is not eligible to pursue a standard subdivision. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period often years from the date of the Town's election not to purchase development rights pursuant to g280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as ofthe date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to g280-174F shall not be the yield for the Generated August 2, 2007 Page 37 J Southold Town Board - L.r Bid Meeting of July 31, 2007 , standard subdivision. Tbe standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. lIJ,.~~v;IL.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated August 2, 2007 Page 38 . . SOUTHOLD TOWN BOARD PUBLIC HEARING May 8, 2007 7:30 PM Public Hearing opened at 8: 13 PM COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of April, 2007 a Local Law entitled "A Local Law in relation to an Ac:ricultural Planned Development District", now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearinc: on the aforesaid Local Law at the South old Town Hall, 53095 Main Road, South old, New York, on the 8th dav of Mav at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Ac:ricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Ac:ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of Southold as follows: Lec:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number oflegislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and . . conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chapter 280 of the Code of the Town of South old is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives ofthis chapter 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subj ect to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: . . A. The lands must consist of a sub-dividable parcel of at least seven (7) acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval: Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a work session and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands + Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety . . (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. 1. Plarming Board Report. The Plarming Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution ofJanuary 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town's comprehensive plarming efforts and initiatives, 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. The Plarming Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days ofthe receipt ofthe Plarming Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date ofthe closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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 Plarming Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 ofthis Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal . . Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the Town Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office ofthe Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner's application, the Town shall purchase up to at least ten percent (10%) ofthe landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the . . landowner, to purchase more than ten percent each year. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non- agricultural structure must be located within 150 feet of the existing residential structure. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-176G, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a memo, first I have indications that it has been filed on the Town Clerk's bulletin board outside and it has also appeared as a legal in the local newspaper. I have a memo from Mark Terry, our L WRP coordinator, "The proposed local law has been reviewed . . according to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) policy standards. Based upon the information provided on the L WRP Consistency Assessment form submitted to this department as well as the records available to me, it is my determination that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action." And a memo from the Planning Board, dated May 8'\ 2007. "The Planning Board supports the Local Law in relation to AgPDD with consideration of the following below comments: 1. Zoning Approval application etc on buildable lands. Although the intent of establishing "Buildable Lands" for purposes of calculating yield is clear, the mapping requirements needed to establish an accurate yield on a parcel is unclear. It is recommended to facilitate and expedite the process of calculating yield on parcels in the program; that the applications requirements list the non-buildable lands consistent with the ERSAP requirements listed in Chapter 240-10, technical requirements and require that the areas be mapped. This recommendation will also assist the Planning Board and town Board with the assessment and establishment of the "reserved areas for development" on participating parcels." And they go on to describe the buildable lands section of the Town Code, which is Chapter 240 and that is in the memo here, what that definition is. "Item 2, Chapter 280 of the Town Code states "Any reserved area for development shall be set by the Town Board and defined in the Town Code" It is recommended that the legal instrument to define a reserved area for development be clarified." In other words, how is this going to be defined? "Item 3, in this proposed law it states that any structure proposed on a parcel zoned AgPDD will require the approval of the Land Preservation Committee. It is recommended that this section be clarified. Will the entire legal parcel be zoned AgPDD? Will structures located within the "reserved area for development" be required to apply for the Land Preservation approval? 4. Chapter 280 of this proposed law proposes that "any new non-agricultural structure must be located within 150 feet of an existing residential structure." This requirement may prohibit a well designed subdivision and force development in unsuitable areas. Many agricultural parcels are currently developed with single residential structures (homesteads) along the Town's New York State Scenic Byways and other roadways with important scenic qualities. This requirement would force the increased development of such areas. In addition, the layout of many of the Town's parcels in agricultural use are linear with prime agricultural soils located in the center of the parcel. In these instances, the Planning Board may apply a "split-cluster" concept to include the areas that should be conserved in open space. The requirement, as proposed, would prevent the Planning Boards ability to effectively apply the split-cluster and achieve good design relative to a parcel's characteristics. It is therefore recommended that the terms "if practical" be added to the requirement." There is another memo here from the Land Preservation Committee, which I could summarize or I could leave them to summarize it. CHRIS BAIZ: I can summarize it or read it, whatever you prefer. COUNCILMAN WICKHAM: Why don't I let you do it? And then, that is the last one of the notices here in the file. . . MR. BAIZ: Good evening members of the Town Board. My name is Chris Baiz. I am a member of the Land Preservation Committee. I have been volunteered this evening by the chairman of the Land Preservation Committee to extend our remarks and comments to the proposed Agricultural Planned Development District. We have met twice, April 191h and May 1 sl to review the proposed legislation. In addition, the Agricultural Advisory Committee met on April 181h to review this as well, since the primary criteria or one of the primary criteria in joining the AgPDD is that the lands must be in a certified agricultural district, the sense of Agricultural Advisory Committee was that they were not necessary to be notified as applicable or what have you with regard to parcels that would be entered into that. Also in the legislation, proposed legislation, in the yield formula adding the words "rounded down" in the proposed legislation for that yield analysis so that it coincides with the way the Planning Department would handle that. In law 280- 174-H to remove the Ag Advisory Committee, as we said before, with regard to agricultural district lands, remove also the words "as applicable" for the Land Preservation Committee in the section describing the extension of the review period and explicitly listing the Land Preservation Committee as providing a report instead of "other Committees" as proposed. The Land Preservation Committee should always submit a report as described. Point number 4 with regard to the proposed legislation, clarifying the meaning of the phrase "up to at least ten percent" in section 280-177 G. And I thought this evening in the shower before I came down here that I got it at last and now I am not sure that I get it at all, it appears that this is intended to require the Town to only purchase 10 percent of the outstanding development rights per transaction but as written means the Town is responsible for thelOO percent of the outstanding development rights since 100 % is "up to at least ten percent." So, I think there is some confusion there and I see it as sort of an oxymoron, up to at least. Up to suggests not any higher and at least suggests not any lower, so I am not quite sure where we are on that. SUPERVISOR RUSSELL: Good point. MR. BAIZ: Also, adding language in section 280-180-A, making it clear that should a landowner reduce their reserve area the available development rights will increase accordingly. Now, in regard to the law, we have some other comments that I will try to go through and be as entertaining as our normal resolutions here, if you will forgive me and indulge me. The Land Preservation Committee agrees that the ability of farmland owners to sell development rights incrementally is a useful tool that would potentially attract farmland owners that are not in a position to sell all or most of their development rights in a single transaction. This is due to tax consequences, estate issues, business plans etc. Being able to attract such farmland owners to the preservation program would increase the preservation rate currently being achieved with the tools available in the existing program. However, the Land Preservation Committee has concerns that many of the details outlined in the proposed legislation will not result in a program that does in fact attract farmland owners as described above or that the proposed legislation may in fact end up hurting the existing program. The following summarizes our concerns: 1. The proposed language determining the price to be paid for development rights under the AgPdd is vague and does not guarantee that farmland owners will receive current market value for their development rights. Since incremental sales will likely not qualify for . . bargain sales it is important that the owners joining the Ag PDD have assurances that they will be treated fairly as the program continues and members of the Town Board and Land Preservation Committee change over time. The Land Preservation Committee recommends that language be added making it clear that the price is based on a defined formula without the possibility of future Town Boards or Land Preservation Committee policies reducing the price. 2. The proposal for the Town to reserve the funds to purchase 10% of the development rights enrolled in the AgPDD may damage the existing preservation program. In recent years the Town's program has been very successful in closing preservation deals with "take it or leave it" time line required by landowners. Having to reserve funds for the AgPDD that mayor may not be needed for the AgPDD program may hinder the Town's ability to continue with such projects and would result in the Town losing other projects using the current program. The Land Preservation Committee recommends that if an incremental development rights program is established, the Town should fund it with anticipation bonds dedicated to the incremental program and not use Community Preservation Funds. 3. In an earlier version of the AgPDD it was assumed that fannland owners that joined could still take advantage of the existing PDR program." And I am not sure, Tom, in your most recent reading this evening, a synopsis, whether that's changed again. I sort of got the impression that a farmland owner could sell once or twice incrementally and then decide, boom, I want to sell it all now, several years down the road and yet, the versions that we have been seeing in the past "up to at least" 10 %. "Based on the Ag Advisory meeting held on 4/18/07, this has changed and the new intent is that if fannland owners join the AgPDD they will no longer be able to participate in the exiting PDR program. The Land Preservation Committee is against this concept and recommends that fannland owners enrolled in the AgPDD still have the ability to participate in the existing PDR program." Now, okay, that was, I mean every time we meet, we see, you know, COUNCILMAN ROSS: That is not the intent. MR. BAIZ: Okay. Good. COUNCILMAN EDWARDS: But it has to be at the Town's discretion. MR. BAIZ: Okay. Fine. COUNCILMAN ROSS: Just like the regular program. MR. BAIZ: Fine. But in other words a landowner could come in after selling three development rights over 10 years and say, okay, I want to do the next 25 today. COUNCILMAN KRUPSKI: Correct. MR. BAIZ: Fine. Good. JUSTICE EVANS: Oh, but the Town doesn't have to buy the next 25, they only have to buy the 10 %. . . MR. BAIZ: Okay. Okay. Okay. Now you have clarified the error. And that is, that if a landowner were to be able to come in after selling three development rights over six years and comes in in the seventh year and says, okay, I want to sell the next 25 development rights, he could do that within the context of the CPF funds, rather than the way the Land Preservation Committee is recommending that the incremental purchases by paid out of a separate and distinct bond... COUNCILMAN EDWARDS: Setting aside the issue of funding for it because that really isn't what is relevant here, what is relevant here is if a landowner is in the AgPDD program then the Town, just on any other one of these deals, the Town does have the right to say no we are not ready to buy all of your development rights, we will buy, you know, 10%. That is the issue, when you are in the AgPDD program, the Town does have the right to say no, just as they do with any other deal. MR. BAIZ: Okay. COUNCILMAN EDWARDS: But that does not, as long as the Town is willing to buy 10%, free the landowner from the AgPDD. JUSTICE EVANS: Before the Town could buy everything that the landowner wanted to sell. MR. BAIZ: Right. TOWN ATTORNEY FINNEGAN: Are you asking, too, does he have to go by the price that is set by the Board or can he, does he have the ability to negotiate his own deal? I think he still does. COUNCILMAN KRUPSKI: He should be able to go to the traditional program and negotiate the deal as currently available. MR. BAIZ: Yes. You guys got it. And, let's as Bill said, assume, disregard funding sources on this question the point is that a landowner should be able to come in after doing some incremental sales and for whatever family reason or estate reason or what have you, the next, the last 25 need to go on a timely basis because otherwise, you know, somebody at 85 years of age could get stuck in a do loop for the next 25 years, at one a year. Right? JUSTICE EVANS: But if you entered the program, the Town is only required to buy the 10%. They may buy the entire thing but they are only required to buy the 10%. That is right, Pat, isn't it? TOWN ATTORNEY FINNEGAN: Right. COUNCILMAN KRUPSKI: That is correct. . . MR. BAIZ: Yes. Okay. In my concluding comments, you will see that this is an area that really needs to be opened up. JUSTICE EVANS: And that was put that way because... TOWN ATTORNEY FINNEGAN: The Town is committing to buy the 10% but the Town could still be unable to buy the 10%, I mean, it is a matter of (inaudible) and saying, oh, gee, we don't have the money this year or whatever and then the person can go do a standard subdivision if they wanted to. But... MR. BAIZ: Right, okay. Fine. We still have some talking to do. "Point number 4. The change implied in the proposed program for farmland owners being paid per development right instead of per acre as is the usual case under the existing program needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined, the yield formula outlined in the proposed code may give a bonus to the same parcel in the incremental sales program compared to the existing program. While a bonus to encourage preservation is not necessarily a bad thing, in the case of the AgPDD the bonus was intended to be the ability to sell development rights incrementally; offering an incentive over and above this may result in landowners that would currently apply to the existing program with large projects to apply to the new program with much smaller projects which would decrease the preservation rate." i.e., the Land Preservation Committee is interested in maximizing land preservation rates. "The Land Preservation Committee recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. 5. The proposed legislation requires that easements be filed on lands participating in the AgPDD as development rights are sold. It is unclear whether the intent is for such easements to be negotiated for each proj ect or each increment or be standard easements for each project. Given that the development rights price for the AgPDD is intended to be a standard price for all participants in the AgPDD, the Land Preservation Committee recommends that the easements also be standardized so that they are the same for all participants and all increments in one participants property." We don't need one development right saying, okay, 2 percent ag structure coverage and then the adjacent development right saying 30 percent, etc. we need consistency. "Further, the Land Preservation Committee recommends that the standard easement restrict residential development only (because that is what the posted price is, it is for the removal of the ability to build residential development on the land) and that all agricultural rights remain intact. 6. One of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation that requires payment of full capital gains up front, even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed AgPDD program is a way around this point, that will provide important tax benefits to the participants and therefore be an incentive to join the program. The Land Preservation Committee recommends that this should be researched and confirmed or denied (in a private letter ruling or what have you) by the IRS (because this is a new contrary to the regular plan issue that we want to make sure the IRS is not going to say no, no, no etc., that you are . . just doing a delayed installment sale or something like that and still hit somebody up front for all the capital gains due on that delayed installment sale) so that the Town and farmland owners know exactly what the tax consequences of the program will be." In conclusion, the Land Preservation Committee supports the concept of an incremental development rights program as an additional tool to the Town's land preservation tools. We know of personally two farm families here who in the current generation have said that if their parents had had this available to them years ago, they would have taken the opportunity then and so I think going forward, this will be valuable for us to have as an additional tool. However, there are many details of the current proposal that need to be addressed in order to end up with a successful program that enhances the current program or existing programs. The Land Preservation Committee would like to request a joint meeting with the Town Board and or Code Committee to discuss these issues in more detail prior to any formal vote on the matter. I thank you for your time, I respectfully submit this report on behalf of the Land Preservation chairman and its members. Thank you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: Can Ijust answer some of those briefly? SUPERVISOR RUSSELL: Sure. Did anyone else from the public want to speak on the issue? Okay. Go ahead, Albert. COUNCILMAN KRUPSKI: Ijust wanted to answer some of those briefly and just a bit of explanation, maybe I should have started with this. Councilman Edwards and Melissa Spiro of the Land Preservation Department and John Sepenoski and I have been working on this issue for quite a while. It started as a very simple concept of incremental sale of development rights. What it turned into is the devil in the details here. And I really appreciate your comments. I have heard a lot similar comments from people throughout the community about different things that have to be worked out. Obviously, it is a valuable tool for land preservation. On the other hand, it has to be tailored one, to protect the Town and two, to encourage farmers into the program ultimately. MR. BAIZ: Exactly. COUNCILMAN KRUPSKI: Because without that it will be totally useless. MR. BAIZ: It will be a dead tool. COUNCILMAN KRUPSKI: So we have to, I appreciate the positive comments and I hope there are other comments tonight and this is something that we want to continue to work on, till we get it, till we get the details straightened out. MR. BAIZ: Right. Good. Thank you. . . COUNCILMAN EDWARDS: I would add to that, that rather than a huge meeting involving the whole Town Board etc., we have and we may yet hear more from the public. We have got the letter from the Land Preservation Committee, the letter from the Planning Board and my thinking had been along the lines to go back to the original working group that Al mentioned plus somebody from Planning, either the Town Attorney or the Assistant Town Attorney and possibly one more person from Land Preservation, because John Sep has been involved in this throughout, to basically go in, I haven't heard anything in either one of those letters that would in my opinion, kill the deal. It is a matter of tweaking the legislation, which is why we have hearings, and we recognize that this is probably in some ways the most radical and will give credit to Al who came up with the idea of floating development rights, innovative preservation tool since the original 2 %. And so, my goal would be to get together a meeting very quickly to go through the issues that have been raised and address those as to how to work them out because I haven't heard anything that can't be worked out. MR. BAIZ: Right. Right. Oh, absolutely. But again, paraphrasing various members of the Town Board, devil' s in the details, the details are very important in this kind of legislation because they must be very specifically spelled out so that future Town Board's and future Land Preservation Committee's are guided by those details and can't.... COUNCILMAN KRUPSKI: Manipulate them? MR. BAIZ: Well, I wouldn't even say that. Just look askance at them. COUNCILMAN EDWARDS: I think that one of the interesting things that you brought up here is based on informal conversations that I have had with a couple of attorneys, it would appear that there is not, that this does allow for the installment sale that everybody has been looking for for years but you are right, we need a letter from the IRS... MR. BAIZ: Yes, absolutely. COUNCILMAN EDWARDS: ... that would give landowners a comfort level that they in fact (inaudible) MR. BAIZ: (Inaudible) because this published price is going to be the Town's poster child for land preservation in the future in this Town and regardless of what the other big project transactions are coming from Melissa's office, where we are buying all the development rights on separate parcels, as opposed to this incremental plan. But that one number up there is going to be everybody's incentive or disincentive to consider land preservation in Toto. So it is very, very important that we put all the boilerplate and bullet proofing that we can to the credibility and veracity of that number. Thank you. SUPERVISOR RUSSELL: I think AI, Bill and others made a very good effort. Now the input and the feedback we got from Land Preservation, Planning etc will make for a good law. And that is much appreciated and I think we are committed to working on it and polishing and honing those different abstract issues. . . MR. BAIZ: Super. SUPERVISOR RUSSELL: Thank you. Anybody else? By all means. ED BOOTH: Good evening, members of the Town Board. My name is Ed Booth, I have looked over this document, actually quite some time ago, I haven't seen the most recent addition but from what Mr. Wickham said, it is the same thing. I guess I am sad by the fact that you excluded the open space people and it seems so gratuitous, it seems such a throwaway. Thirty percent of the available land is open space. But you carefully wrote this so that they could not participate. I don't know why. The idea is preservation, why not include everybody? So that is my big problem with it. But in a detail or two, since it is for farmers, than what do you do if a farmer, say after two years, decides not to farm anymore? Are you going to cut his buttons off or what? What do you do then? Take it away from him? You can't. Think about that a little bit. Chris came up with several of the little problems about the, it is coming out of Land Preservation Committee, it seems to me I read in the paper in the New York Times even a few weeks ago, that Mr. Bishop was going to Washington trying to fix this problem with the incremental sale. I don't know whether you have seen that or not and that may save you guys and farmers in the end. But see, that is most of my complaints. I think it is a great thing, I mean, it is good to have one more tool in the toolbox as John Halsey would like to say. I am sorry that the toolbox isn't available to everybody. The question that came up in my mind was this one on comparable sales. Comparable sales of what? Comparable sales of DDR's or comparable sales in development? For example, if you look around and say, oh, land is going for $100,000 an acre around town as I can see from comparable sales in full developments, am I going to scale that down by some number, say 60%? Fix that as a proper development rights sale. Am I going to do something like saying, what can this land be sold for after the development right are stripped? Okay, $20,000 an acre. It is sold on the market normally for $100,000 so we will give everybody $80,000. I want to know what comparable sales you are talking about. Are they comparable DDR sales or full development sales? I can't think of anything else. Thank you. SUPERVISOR RUSSELL: Thank you very much. COUNCILMAN KRUPSKI: Just to answer that question about why we made the decision to limit this to agricultural land. We did give that a long, hard look in the very beginning. But we are sort of in the land of limited resources here money wise and we wanted to give, I think, full advantage to the agricultural industry to try to preserve that, where most of the open space purchases by the Town are fee title so the Town will own then and then use them as town owned resources whereas the development rights purchases are generally on farmland where the fee title is still owned by the farmer. MR. BOOTH: Maybe if you allowed the open space people to come in, you would find that that would change. COUNCILMAN KRUPSKI: Oh, I think there is still.... . . MR. BOOTH: It should be attractive to them as well as to the farmers. COUNCILMAN KRUPSKI: They still could use the regular program. COUNCILMAN EDWARDS: Yeah. I would like to respond on the comp's issue, Ed, because it is not clear from the legislation the methodology that we worked out and maybe we should write that into the legislation. What we decided because anytime you appraise a particular piece of property, you have to take into consideration the peculiarities of that property, road frontage, waterfront, whatever. We said once a year the Town would commission two separate appraisers to take a hypothetical 20 acre parcel with an average amount ofroad frontage, in other words it is going to be a 20 acre parcel and to come back to the Town and say based on comp's for development rights or indeed for actual sales of farmland because they can decide how much of that value is development rights and how much is the actual value of the farmland, the DRS land, to come back with a number that represents a cost per acre of development rights. We would average the two and convert that to a development rights value and that would be set by resolution. Now in times of high volatility we might adjust that every six months but basically the goal is to have something that is based on what is happening out there. Now if we use a 20 acre parcel, what is going to tend to happen is we are going to tend to attract owners of larger parcels because they are going to see that obviously as you know in the appraisal process smaller parcels for more per acre, so we are going to tend, we think, to attract people who own 30, 40 acre parcels more so than ones who own parcels under 20 acres. Also, they have more development rights to sell so they might be more attracted by the incremental process. But it is actually going to be a methodology based on appraisal and based on comp's but it is based on a hypothetical 20 acre parcel, not an actual parcel because we really want to say overall what is land selling for? And that is the goal, and that number will be, that will be commissioned by the Land Preservation Committee and they will come back with that number to the Town Board. MR. BOOTH: The land being sold, in other words, for full development? SUPERVISOR RUSSELL: Can I just... COUNCILMAN EDWARDS: Well, for whatever purpose. MR. BOOTH: But it is quite different. SUPERVISOR RUSSELL: Can I just caution that we don't want to codify definitions for comparable value? Appraisal is a profession and that profession is regulated by professional standards. I would leave it to the appraiser to provide what he, there are 15 different terms that comparable could fall under. I would leave it to the appraiser to do the appraising and then we can simply either take it at face value or go over it with the appraiser to determine if he followed an approach that we are comfortable with but I wouldn't want to presume in the Town code what a profession and professional standards already do. . . MR. BOOTH: But at the least it seems to me, make it clear whether or not we are talking about the comparable sales of development rights around town or you know, full development. COUNCILMAN EDWARDS: Well, you have to look at land sales because otherwise in effect your comparables are yourself. I mean, we are the ones that are buying development rights. MR. BOOTH: Right. Exactly. COUNCILMAN EDWARDS: But I mean a good appraiser is going to say that this is what the land is going for and I mean, the appraisals the Land Preservation Committee looks at all the time are transactions involving farmland with development rights intact. If we only use for comp's, what people are paying for development rights, we are the ones who are buying it and you know, you can't measure yourself against yourself, you have to measure yourself against the market. MR. BOOTH: Right. COUNCILMAN EDWARDS: And I will concur with Scotts actually warning me offthe idea of codifying the methodology but the methodology basically will be based on two independently arrived at appraisals by professional appraisers. It is not some number... SUPERVISOR RUSSELL: In a perfect world, if you are buying land or if you are buying development rights, in a perfect world you will have enough transactions in the open market to establish values pretty quickly with comparables but that is not a likely scenario because there are so many nuances to the outright sale of development rights in the traditional prograrn that it is going to be difficult to say, it is not like pulling three houses that match yours and coming up with a comparable value. There is a great deal of methodology determining in that so, but I understand your point regarding the specifics of... COUNCILMAN EDWARDS: There is one other thing that hasn't been mentioned tonight, Ed, at any point that is implicit in all of this and that is that once a landowner is in the AgPDD, their zoning is locked in in perpetuity. This actually becomes a chapter in the Town Code, this agreement. MR. BOOTH: No, that is the hook. SUPERVISOR RUSSELL: Mr. Kayton, did you come in here to yell at me about drainage on Bray? JUSTICE EVANS: We are still in the hearing. SUPERVISOR RUSSELL: Oh, we are still in the hearing. Okay. We are still in the public hearing on Agricultural PDD. Let me see if I exhaust all interest... . . MR. KA YTON: You should have this in a private session, rea\1y. This is ridiculous. SUPERVISOR RUSSELL: It is a public hearing, so by law we have to have it in public. Would anybody else like to address the Town Board on the issue? JOHN NICKLES, JR.: John Nickles, Jr. Southold. I wasn't planning on speaking on this issue tonight. I only read it once. I think you need to read it a couple more times to get the fu\1 understanding of it. I think that this issue about how you are going to come up with the price is probably the most important thing, one of the most important things in this law. And if you are going to set it once a year, you know, you have to look and decide whether or not that is going to help you or hurt you. Especia\1y if the market is moving rapidly. So if you are setting it at the beginning of the year or at some point in the year, well, a landowner could be looking at it and thinking, we\1 the market is moving rapidly here this price is way outdated. So if you could think of a way that you could index this to some current market statistic on what sales are going on out here, I think that might be helpful. That is my only suggestion. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on the subject of the public hearing? (No response) Move we close the hearing. This hearing was closed at 8:59 PM * * * * * r6~A~j.dJO~ ~':;-~evi\1e Southold Town Clerk LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us . SCOTT A. RUSSELL Supervisor PATRICIAA.FINNEGAN . TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: July 16, 2007 Subject: Local Law/Ag PDD For your records, I am enclosing an original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also attached is a copy of the resolution authorizing Scott to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. Ilk Enclosures cc: Members of the Town Board (w/encls.) Mr. Mark Terry, Acting Department Head, Planning Dept. (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) 617.20 . . Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION ITo be completed bv A~nlicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of South old A Local Law titled Agricultural Planned Development District 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) P.O. Box 1179 Southold, New York 1197-0959 5. PROPOSED ACTION IS: D New D Expansion [{] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to an Agricultural Planned Development District" 7. AMOUNT OF LAND AFFECTED: NA Initially NA acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [{] Yes DNa If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? D Residential D Industrial D Commercial D Agriculture o ParklForesUOpen Space D Other Describe: Not Applicable 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes [{]NO If Yes, list agency(s) name and permiUapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes DNa If Yes, list agency(s) name and permiUapprovals: Not Applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes DNa I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Town of Southold Town Board Date: May 4, 2007 Signature: 2-- 1 ~- ~ ./ 17 If th~~>n is in th~~tal Area, a'pd~u are a state aRency, complete the oastal Assess ent Form bef.0t8"proceeding with t is assessment OVER 1 - . PART II. IMPACT ASSESSMENT T A. DOES ACTION EXCEED ANY TYPE I THR DYes [{] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes [{] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NONE C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NONE C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NONE C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: NONE C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NONE CG. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NONE C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: NONE D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? DYes [{] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [{] No If Yes, explain briefly: PART III . DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics ofthe CEA. D o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board May 4, 2007 Scott Russell Date Supervisor Title of Responsible Officer Signature of Preparer (If different from responsible officer) - . . fi~ ., RESOLUTION 2007-449 ADOPTED DOC ID: 2868 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-449 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2007: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to an Ae:ricultural Planned Development District" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 4, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Ptr~ ~CI."Q~'/).. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Town of Southold - Lettere LL-- ad Meeting of May 8, 2007 RESOLUTION 2007-449 ADOPTED Item # 25 DOC ID: 2868 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-449 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 8, 2007: RESOLVED that the Town Board of the Town of South old hereby finds that the proposed "A Local Law in relation to an Al!:ricuItural Planned Develooment District" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated May 4, 2007, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. ~r;.v;'~' Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated May 14,2007 Page 39 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND '. MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 ~. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTH OLD MEMORANDUM To: Town of Southold Town Board ~ From: Mark Terry, L WRP Coordinator Re: A Local Law entitled, "A Local Law in relation to an Aericultural Planned Development District". Date: May 8, 2007 The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney o , , MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD r.~CEIVED '/' 00 f7/1t J 2007 MEMORANDUM 'J Tc.vlR Clerk To: Town of Southold Town Board From: Town of South old Planning Board Re: A Local Law entitled, "A Local La in relation to an A ricultural Planned Development District". Date: May 8, 2007 The Planning Board supports the "A Local Law in relation to an Al!ricultural Planned Development District" with consideration of the following below comments: 1. 280-174 Zoning Approval; Application and Review Procedures; Item F. Buildable Lands: Although the intent of establishing "Buildable Lands" for purposes of calculating yield on a parcel is clear. The mapping requirements needed to establish an accurate yield on a parcel is unclear. It is recommended to facilitate and expedite the process of calculatinl! vield on parcels in the prOl!ram; that the Application requirements list the non- buildable lands consistent with the ERSAP requirements listed in Chapter 240-10. Technical Requirements and require that the areas be mapped. This recommendation will also assist the Planninl! Board and Town Board with the assessment and establishment of the "reserved areas for development" on participatinl! parcels As you are aware, Chapter 240 of the Town of South old Town Code defines Buildable Lands" as: , , BUILDABLE LANDS -- The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, underwater lands, land subject to the transfer, sale or extinguishment of development rights and other restrictions that prevent the use of such land for construction of buildings or other development. The terms "wetlands," "beaches, " "bluffs, " and "underwater lands" shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code. Chapter 240-10. Technical requirement of the Town of South old Town Code. requires that the assessment of "Buildable Lands" is based upon an Existing Site Analysis Plan (ERSAP) analysis as well as verification from Town Boards that possess the jurisdiction to approve or disapprove such mapped features. Further, the physical design of a Conservation or Standard Subdivision is dependent upon a ERSAP analysis and the identification of Primary and Secondary Conservation Areas. 2. Chapter 280-180, Item A; states that "Any reserved area for development shall be set by the Town Board and defined in the Town Code..." It is recommended that the leeal instrument to "define" a reserved area for develooment be further clarified. 3. Chapter 280-180, Item B; states that "Any structure proposed on a parcel zoned AG PDD will require the approval ofthe Land Preservation Committee." It is recommended that the section be clarified. Will the entire leeal Darcel be zoned AePDD? Will structures located within the "reserved area for develooment" be required to aoolv for Land Preservation Committee aooroval? 4. Chapter 280-180 Item C; proposes that "any new non-agricultural structure must be located within 150 feet ofthe existing residential structure." This requirement may orohibit a well desiened subdivision and force develooment in unsuitable areas. Manv aericultural oarcels are currently develooed with sinele residential structures (homesteads) alone the Town's New York State Scenic Bvwavs and other roadways with imoortant scenic Qualities. This requirement would force the increased develooment of such areas. In addition. the layout of many of the Town's oarcels in aericulture use are linear with orime aericultural soils located in the center of the oarcel. In these instances the Plannine Board may aoolv a "solit-cluster" conceot to include the areas that should be conserved in ooen so ace. The requirement. as orooosed. would orevent the Plannine Boards ability to effectively aoolv the solit-cluster. and . , , achieve l!:ood desil!:n relative to a parcel's characteristics. It is therefore recommended that the terms "if practical" be added to the requirement. Please contact the Office of the Planning Board at 765-1938 with any questions. Cc: Patricia Finnegan, Town Attorney . ," . . )?t:-' IJ/-I 7:ys 0/"-07 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 MAILING ADDRESS: P.O. Box 1179 Southold, NY 1197 I -0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD "'~~["'- 1\,,<- 'IV..:) To: Southold Town Board From: Land Preservation Committee members Melissa Spiro, Land Preservation Coordinator Date: May 7,2007 SCU':" T:" T'.. {'J "-."" h...11.--' ,I ,._,tt Re: Ag POD - comments The Land Preservation Committee met on April 19th and May 1st 2007 to discuss the proposed Ag POD legislation that has been set for public hearing on May 8th 2007 and would like to submit the following comments. The LPC reviewed the changes to the proposed legislation that were suggested by the Ag Advisory Committee at its April 18th 2007 meeting and supports those changes as outlined below: 1. Removal of the Ag Advisory Committee from the review process. Since the program is tied to the Ag District that already has guidelines for entry there is no need for the Ag Advisory Committee to review applications to determine whether the lands involved are in fact farmland. 2. Adding "rounded down" to the yield formula listed in the proposed legislation, as this is how Planning handles it for conservation subdivisions. 3. Changing section 280-174-H to remove Ag Advisory (see point 1), remove the "as applicable" for Land Preservation Committee in the section describing the extension of the review period and explicitly listing the Land Preservation Committee as providing a report instead of "other committees" as proposed. The Land Preservation Committee should always submit a report as described. . . 4. Clarifying the meaning of the phrase "up to at least ten percent" in section 280-177 G. It appears this is intended to require the Town to only purchase ten percent of the outstanding development rights per transaction but as written means the Town is responsible for 100% of the outstanding development rights since 100% is "up to at least ten percent". 5. Adding language to Section 280-180-A making it clear that should a landowner reduce their reserve area the available development rights will be increased accordingly. The LPC agrees that the ability for farmland owners to sell development rights incrementally is a useful tool that would potentially attract farmland owners that are not in a position to sell all or most of their development rights in a single transaction due to tax consequences, estate issues, business plans, etc. Being able to attract such farmland owners to the preservation program would increase the preservation rate currently being achieved with the tools available in the existing program. However, the LPC has concerns that many of the details outlined in the proposed legislation will not result in a program that does in fact attract farmland owners as described above or that the proposed legislation may in fact end up hurting the existing program. The following summarizes our concerns: 1. The proposed language determining the price to be paid for development rights under the Ag POD is vague and does not guarantee that farmland owners will receive current market value for their development rights. Since incremental sales will likely not qualify for bargain sales it is important that owners joining the Ag POD have assurance that they will be treated fairly as the program continues and members of the Town Board and LPC change. The LPC recommends that language be added making it clear that the price is based on a defined formula without the possibility of future Town Board or LPC policies reducing the price. 2. The proposal for the Town to reserve the funds to purchase 10% of the development rights enrolled in the Ag POD may damage the existing preservation program. In recent years the Town's program has been very successful in closing preservation deals within "take it or leave it" time lines required by landowners. Having to reserve funds for the Ag POD that mayor may not be needed for the Ag POD program may hinder the Town's ability to continue with such projects and would result in the Town losing other projects using the current program. The LPC recommends that if an incremental development rights program is established the Town should fund it with bonds dedicated to the incremental program and not use CPF funds. . . . 3. In an earlier version of the Ag PDD it was assumed that farmland owners that joined could still take advantage of the existing PDR program. Based on the Ag Advisory meeting held on 4/18/07, this has changed and the new intent is that if farmland owners join the Ag PDD they will no longer be able to participate in the existing PDR program. The LPG is against this concept and recommends that farmland owners enrolled in the Ag PDD still have the ability to participate in the existing PDR program. 4. The change implied in the proposed program for farmland owners being paid per development right instead of per acre as is the usual case under the existing program needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined the yield formula outlined in the proposed code may give a bonus to the same parcel in the incremental sales program compared to the existing program. While a bonus to encourage preservation is not necessarily a bad thing in the case of the Ag PDD the bonus was intended to be the ability to sell%'evelopment rights incrementall~offering an incentive over and above this may result in landowners that would currently apply to the existing program with large projects to apply to the new program with much smaller projects which would decrease the preservation rate. The LPG recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. 5. The proposed legislation requires that easements be filed on lands participating in the Ag PDD as development rights are sold. It is unclear whether the intent is for such easements to be negotiated for each project or be standard easements for each project. Given that the development rights price for the Ag PDD is intended to be a standard price for all participants in the Ag PDD the LPG recommends that the easements also be standardized so that they are the same for all participants. Further, the LPG recommends that the standard easement restrict residential development only and that all agricultural rights remain intact. 6. One of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation that requires payment of full capital gains up front even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed Ag PDD program is a way around this that will provide important tax benefits to participants and therefore an incentive to join the program. The LPG recommends that this be researched and confirmed or denied by the IRS so that the Town and farmland owners know exactly what the tax consequences of the program will be. In conclusion the LPG supports the concept of an incremental development rights program but feels that there are many details of the current proposal that need to . . be addressed in order to end up with a successful program that enhances the current program. The LPC would like to request a joint meeting with the Town Board and/or Code Committee to discuss these issues in more detail prior to any formal vote on the matter. #8339 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, commencing on the 19th day of April, 2007. il_ l' -:~ ~a.!~.df-O Principal Clerk Sworn to before me this 2007 Q)l~ day of fLrn tJ ~JiiLW (U'(\ ~ CHRISTINA YOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO.Ol-Y0610S0&O Qualllled In Suffolk county Commission expire. Fet"uory 28, '0' mECeI'Ji::l S()l'l\,,,\d T~, a (' Jlk LEGAL NOTICE NOTICE OF PUBUC HEARING WHEREAS there has been present- ed to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of Aprll, 2007 a Local Law entitled "A 1......1 l..aw in relation to an . Ap-icnltural Planned Development ~,now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a IUIbk hemiQI!' on the aforelUlid (Meal I..aw at the Sonthold Town Hili), S3095 Main Road. Snuthold. New York on the 8th dav of~y at 7:4...lj: p.m at which time all interested persons will be given an op- portunity to be heard. The proposed Local Law entit1ed,~ Local Law in relation to 80 Avicnltural Planned Develo.pment District" reads as foUows: I,OCAL LAW NO. 2H7 A Local Law entitled, "A l,o~1 J..aw in rellltion tn an Atnicnltaral Pinned Develonment Dlstrid". BE IT ENACTED by the Town Board of the Town of Southald as fol- lows: l.e~d.tive Intenf. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past ,20 years have recognized this value and have recom- mended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to pre- serve farmland through the use of a va. riety of conservation tools, most notably . the purchase of development rights. The Town has joined with other governmen- tal agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land nust to further its efforts. In addition, the Town has made use of ~arious long- and short-term funding optIons to purchase interests in farm- _.!~~~.:.~~.~s__~!._ c::?_~~n!t..Y._p;:~~r- gram will provide the'landowner with another mechanism to access the equity in his land by providing him with devel- opment rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportu- nity to purchase the remaining develop- ment rights applicable to the property, except those that may be used to de- velop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon ap- plication of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or lo.- cal Jaw regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in ac- cordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter 280-172 Classification A. The Agricultural Planned Devel- opment District (AgPDD) is established as a Planned Development District pur- suant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classifi- cation, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173 Reouirement'! for Eligihil- iIl\ All properties meeting the standards and criteria set forth in this Article shaH be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the follow- ingcriteria: A. The lands must consist of a sub-di- vidable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preser- vation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more .J<QD.Wu.mus...l.ots. wit h.5eQ.\l r;) te.ay. xa."'~ structure area, the placement shall be agreed upon between the Land Preser- vation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commis. sion a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will cal- cuiate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated. as follows: Buildable Lands ..;- Minimum Lot Area of Zoning District= Yield on En. tire Parcel. The landowner will be informed of the number of development rights avail- able on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the re- zoning of any lands to the AgPDD clas- sification. H. The Planning Board and other committees shall provide a report with- in ninety (90) days of the date of the meeting at which the referral is received from the Town Board.No action shall be taken by the Town Board until receipt of the P1aD.ning Board report and other Committee reports, as applicable, or the expiration of its 6O-day review period, whichever comes first. The review peri- od may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee andlor the Agricultural Advisory Committee. I. Planning Board Report. The Plan- ning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Fannland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preser- vation Committee, the Agricultural Ad. visory Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing char- acteristics of the property and the sur. rounding properties, the enviroD.1I,!ental, social, physical, aesthetic, economic and cultural aspects of the property and its _"~~"""";T ~~ _._' __....._. .~u_......t'~. Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indi- cate that at least one (1) development right has been sold, and shall also indi- cate the number of remaining develop- ment rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the ToWn Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Bi&Im The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sides. This price shall be based on a recommendation from the Land Pres. ervation Corruriittee and shall be based on comparable sales data. 2RO-177 Suhsf".quent Develooment Rip-ht Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others pro- vided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordina- tor shall make a determination of the number of development rights remain- ing for purchase on the parcel based on the original yield as calculated by the Planning Department less any devel- opment rights sold, and shall so advise the Land Preservation Comntittee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a pub- lic hearing on the question of the pur.. chase of development rights from the AgPDD ,zoned parcel, and may adopt a !:.e~~~I.?~~~~J?!2.vJ!!~.QtPjS9.Q.RlPriPg property zoned AgPDD, any new non- agricultural structure must be located within 150 feet of the existing residen- tial structure. &7.R0-1Rl Snbdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and-density reduction of sev- enty-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preser- vation component. C. If the Town is unable to meet its obligation to purchase 10% of develop- ment rights as set forth in 280-176G, the landowner may pursue a Standard Sub. division based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitu- tional or invalid. EFFECI1VE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: April 10, 2007 BY ORDER OFTIfE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town aerk R3~9_1T 4/19 .. . LEGAL NOTICE . NOTICE OF PUBLIC HEARING WHEREAS there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 10th day of April, 2007 a Local Law entitled "A Local Law in relation to an Al!:ricultural Planned Development District", now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 8th dav ofMav at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of Southold as follows: Lel!:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number oflegislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of aland, while preserving land equity. I~intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chapter 280 of the Code ofthe Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty JThis program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation offarmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter vi 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7) acres meeting 'TOwn'S preservation goals and includ.n the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or oftwo or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a work session and make a preliminary determination whether the Board is interested in considering rezoning ofthe parcel to AgPDD. lfthe Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. lfthe applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search ofthe property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands + Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town BA. No action shall be taken by the TO\Aoard until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent ofthe applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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 ofthis Article and this Chapter. The Planning Board's report shall provide detailed reasons for its recommendation. J. 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 may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map ofthe 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable t.e Landowner, the Town Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question ofthe purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner's application, the Town shall purchase up to at least ten percent (10%) ofthe landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the landowner, to purchase more than ten percent each year. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. . . &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non- agricultural structure must be located within ISO feet of the existing residential structure. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-1760, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 10, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 19,2007 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Board Members Town Attorney Planning Land Pres Town Clerk's Bulletin Board . . . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the.l.1.- day of -..G.p". 0. , 2007, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. AgPDD public hearing, 5/8/07 at 7:45 pm ~/.dU'Q n';ju/~ . abeth A. Neville Southold Town Clerk Sworn before me this --D- day of nt',: ~ ,2007. J.u,J).- 'lV\ b.P_ Notary Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified In Suffolk County Term Expires March 8, 20 J.1. Town of South old - Letter. Bo~eeti~APriIIO, 2007 RESOLUTION 2007-384 Item # 47 ADOPTED DOC ID: 2809 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-384 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10,2007: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 10th day of April, 2007 a Local Law entitled "A Local Law in relation to an AlZricuItural Planned Development District". now, therefore, be it RESOLVED that the Town Board of the Town of South old will hold a public hearinlZ on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 8th dav of Mav at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an AlZricultural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an AlZricultural Planned Development District". BE IT ENACTED by the Town Board of the Town of Southold as follows: LelZislative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland Generated April II, 2007 Page 57 Town of South old - Lette. BA Meeting of April 10, 2007 through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 26l-a and 26l-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chapter 280 of the Code ofthe Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. Pumose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character Generated April I I, 2007 Page 58 Town of Southold - Letter. BO~Meeting of April 10, 2007 and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation offarrnland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more Generated April II, 2007 Page 59 Town of South old - Lette' BA Meeting of April 10, 2007 contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Aooroval: Aoolication and review orocedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. Generated April II , 2007 Page 60 Town of Southold - Letter. Bo~eeting of April I 0, 2007 D. If the applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands + Mimimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, 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. The Planning Board's report shall provide detailed reasons for its recommendation. Generated April II, 2007 Page 61 Town of South old - Lette. BA Meeting of April 10, 2007 1. 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 may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280- I 75. Conditions of Aooroval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development Generated April I I, 2007 Page 62 Town of SouthoId - Letter. BmtMeeting of April 10, 2007 right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the Town Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280- I 76 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property . C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280- I 75 shall be tiled indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. Generated April 11, 2007 Page 63 Town of South old - Lette. BA Meeting of April 10, 2007 E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner's application, the Town shall purchase up to at least ten percent (10%) of the landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the landowner, to purchase more than ten percent each year. 280-178. (Fteserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non-agricultural structure must be located within 150 feet of the existing residential structure. &280-181 Subdivision Generated April II, 2007 Page 64 Town of South old - Letter. Bo~eeting of April 10, 2007 A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-176G, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. ~-I.q(}.Q- ;JL.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 11, 2007 Page 65 SOUTHOLD TOWN BOARD PUBLIC HEARING August 28, 2007 7:35 PM NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 31st day “A Local Law in relation to an Agricultural of July, 2007 a Local Law entitled Planned Development District” , and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of public hearing on the aforesaid Local Law at the Southold Town Southold will hold a th Hall, 53095 Main Road, Southold, New York, on the 28 day of August at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to an Agricultural The proposed Local Law entitled, Planned Development District” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to an Agricultural Planned A Local Law entitled, Development District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative Intent. Farmland is a critical component of the Town of Southold’s rural character. Agriculture provides 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 comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. 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 to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter-approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town’s comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town’s rural character. Ag Planned Development District Public Hearing 2 August 28, 2007 The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. II. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX, as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. Ag Planned Development District Public Hearing 3 August 28, 2007 B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibility. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town’s preservation goals and included in the Community Preservation Project Plan (CPPP), which 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 a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: 1. Form of Application 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) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and the Land Preservation Committee for review and recommendation. Ag Planned Development District Public Hearing 4 August 28, 2007 C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation of the Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands ÷ Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non-agricultural production uses shall reduce the number of development rights available for sale on a parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days of the date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Planning Board, and the Land Preservation Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18, 2000 and supporting documents, the recommendations of the Land Preservation Committee, the studies contained in the Town’s comprehensive planning efforts and initiatives, 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. The Planning Board’s report shall provide detailed reasons for its recommendation. Ag Planned Development District Public Hearing 5 August 28, 2007 J. 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 may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board’s recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. 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. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. 1. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (1) development right to the Town. The landowner shall file a Preservation Easement (the “Easement”) on the property following the sale, in the form provided by the Town, which shall indicate that at least one (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be the fair market value of Ag Planned Development District Public Hearing 6 August 28, 2007 development rights for non-waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. B. At the discretion of the Town, the Town may commission a new survey and a title search of the property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to §280-180E. G. Upon the landowner’s application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. Ag Planned Development District Public Hearing 7 August 28, 2007 I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. §280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280- 177G, the landowner may pursue a Standard Subdivision as set forth in §280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to §280-177G, the landowner is not eligible to pursue a standard subdivision. Ag Planned Development District Public Hearing 8 August 28, 2007 §280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) of the original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town elects not to purchase 10% of development rights as set forth in 280- 177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town’s election not to purchase development rights pursuant to §280- 177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to §280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. That is the substance of this public hearing. I have a series of comments that I will try to summarize briefly. First of all, it has appeared as a local ad in the local newspaper. It has also appeared as a legal on the Town Clerk’s bulletin board outside. I have before me a one page memo from the Planning Board, dated August 28, 2007, regarding the Planning Board’s comments on this local law. “As requested, the Planning Board and staff have reviewed the above captioned local law and we support its adoption and we make the following comments and recommendations. 1. In section 280-181 B states that any subdivision of Ag PDD property must accomplish preservation of 80% and a density reduction of 75%. It should state rather, that the preservation must be equal to a minimum of 80% of the buildable lands, not just the lands but the buildable portions of those lands. 2. Section 280-181 C states that in the event the standard subdivision option is pursued by the property owner, land preserved by the sale of development rights shall Ag Planned Development District Public Hearing 9 August 28, 2007 not be applied toward any preservation or subdivision open space requirement. This section also refers to Chapter 240 in the Town code. However, to be clear, it should also state that within the proposed legislation, that the preserved land shall not be used for the purposes of establishing yield. 3. A general concern of the Planning Board is how the proposed Ag PDD will impact the existing land preservation program. The Board has the same concerns as the Land Preservation Committee and defers to their memorandum to the Town Board dated August 23 of this year. I have a note from the Suffolk County Planning Commission, “Pursuant to the requirements of section of the Administrative Code, the Suffolk County Planning Commission considers this to be a matter for local determination as there is no apparent county wide or inter-community impact.” There follows a memo which is rather lengthy, from the Land Preservation Committee. Supervisor Russell, Town Board, This is in regard to a local law in relation to Ag Planned Development District comments for tonight’s public hearing. The Land Preservation Committee (this is drafted and sent by our Land Preservation Coordinator and from the members of its committee) and I (meaning the coordinator) would like to submit the following comments for this public hearing. In section 280-170, the second sentence needs clarifications and should be re-written as follows: this program will provide the landowner with another mechanism to access the equity in his land by providing him with an (this is the part they are introducing, they wish to add) ‘providing him with an expeditious means to incrementally sell his’ development rights. There follow some various other, I think I would call these editorial or technical revisions without a lot of substantive changes. They are important but they are not changing the content of it. It is largely for clarification. We have, when the Town Board has a chance to evaluate this after the public hearing, we have actually taken into account most of these technical recommendations from the Land Preservation Committee and we can review with you, with the public, how these things can be integrated into the current document. General comments, at the end, Legislation, once adopted, will require a significant amount of additional staff time; Planning, Land Preservation, Attorney, to develop policies, procedures and standardized forms. It is unknown whether the proposed Ag PDD will generate interest from landowners who would not otherwise have pursued the existing PDR program. The existing, traditional purchase of development rights program. If the proposed Ag PDD does resulting additional landowners preserving their land by incremental amounts, then that program is worth the effort. If the programs draws applicants from landowners who currently would otherwise have sold development rights in total or near total, then perhaps the legislative program would not be worth the effort. 2. the proposal for the Town to reserve funds to purchase 10% of the development rights enrolled in the Ag PDD may damage the existing preservation program. In recent years the Town’s program has been very successful in closing preservation deals within a ‘take it or leave it’ time that may or not be needed for the Ag PDD program, may hinder the Town’s ability to continue with such projects. The Land Preservation Committee recommends that if an incremental development rights program is established, the Town should fund it with bonds dedicated to the incremental program and not use CPF funds for the purpose. 3. The change implied in the proposed program for farmland owners being paid per development right instead of per acre which is the usual case under the existing program, needs to be analyzed in detail in order to avoid unintended consequences. Depending on exactly how development rights are defined in the yield Ag Planned Development District Public Hearing 10 August 28, 2007 formula, may give a bonus to the same parcel in the incremental sales program compared with the existing program. While a bonus to encourage preservation is not necessarily a bad thing, the bonus was intended to be the ability to sell development rights incrementally, offering an incentive over and above this, may result in landowners who would actually apply to existing programs with large projects, would push them into applying to the new program with much smaller projects and would therefore decrease the rate of preservation. Land Preservation Committee recommends that the definitions and formulas used be analyzed in detail so that their impact on values and the existing program is known. And finally, item 4, one of the existing issues that sparked the initial interest in an incremental development rights program is the IRS capital gains regulation. This requires payment of full capital gains upfront, even in cases where the landowner accepts installment payments over time. It has been assumed that the proposed Ag PDD program is a way around this, that will provide important tax benefits to participants and therefore, an incentive to join the program. The Committee recommends that this be researched and confirmed or denied by the IRS so that the Town and farmland owners know exactly what the tax consequences of the program will be.” There follows a letter from Ed Booth of 17235 Sound Avenue, Southold, New York. Ed Booth comments on th this proposed local law, dated August 15. “Dear Town Board, This letter concerns the th proposed land preservation law to be heard on August 28. Having given the proposal some thought, I discuss the pros and cons as I see them. General comments, land preservation Southold is a process tailored to the desires and needs of land owners and to the judgment of the Town as to the urgency of preservation. A final agreement is reached on the easements appropriate for that particular property. The proposed law takes a very different approach, which permits installment sales of development rights at a fixed price for all sales with a single easement for all sales. The new law is different from present laws in that it preserves later instead of now. This new approach requires the proper language to safeguard the Town and landowners as much as possible and I know that a lot of thought and discussion has gone into the details, the question remains, is it a good instrument for land preservation? On the pro side; 1. The proposed law permits the installment sale of development rights. This is viewed as an inducement to preservation, it is another tool in the tool box. The need to keep the procedure simple leads to a single price and a single easement. The simplicity of the procedure should allow the farmland owner to obtain substantial money quickly, perhaps in only 30 days without fees to surveyors, appraisers and attorneys. The easement will be written to allow Ag production the greatest possible freedom. Con, the price will be too high per acre for a large lot and too low for a small lot. This is because the price per acre decreases with increasing lot size while the price comes from an average. The standard easement, if substantially more favorable to farming than the normal easements, may undercut the present program and/or may arouse the opposition of the public. That is number one. Number two, his second point, on the pro side. The law allows the sale of ½ a development right, that is to say one acre a year. The money could be used to upgrade the farm, send children to college or provide tax free gifts to children. That is a pro. On the con side, the law requires the farmer to preserve the land, either by sale of development rights or proceeding with a conservation subdivision. There is no exit unless the Town reneges. The conservation subdivision requires an 80/75 instead of the 80/60 resulting in fewer lots for sale. His third point, the pro argument. The law protects the farmer from up- Ag Planned Development District Public Hearing 11 August 28, 2007 zoning. On the con side, The may result in early up-zoning if the Town runs short of money but the same can be said, of course, about the current program. Number four, on the pro side. The law allows the farmer to average out over real estate market fluctuations. Con; the law does not allow the farmer to wait for a high price and then sell all the development rights. However, the owner can also apply to be in the current program as well as the PDD. Running the numbers shows that the monetary yield can be the same from regular installment sales or a total sale upfront, depending on market assumptions. Number five, pro; the law is intended to keep the farmer in a lower tax bracket by installment sales. Con; the IRS may not agree. Enquiries are being made and efforts are underway in Washington to aid installment sales. I do not know the results. Number six, pro; the price set by the Town for development right with advice of the appraisers is published, avoiding haggling and delays. Con; the Town may chose to offer less than the true value of the right. however, language has been included to release the owner if the Town overtly ‘low balls’ the appraisal. Seven, pro; The law offers a new preservation tool which could be useful to certain individuals depending on factors such as age, business needs, children etc. Con; The law requires the Town to buy the development rights at the 10% level every year so that funds must be set aside for that purpose. This can undercut the existing land preservation program unless new sources of finances are found. And eight, pro; this law is restricted to farmland, owned or rented, with intent to support the industry. Con; the law gives the opportunity for early retirement by selling off a lot or two each year. The convenience of selling in the proposed program may tempt earlier sales than in a conservation subdivision. And a final comment from Mr. Booth, this report was prepared by me, Ed Booth, reflects my views. It has been somewhat tempered by a rebuttal from John Sepenoski. I think it is fair to say that not all active farmers are enthusiastic about the proposal, though it may well fit the specific needs of some. I would like to hear an evaluation of the final proposal by banking and appraisal professionals as to the effect of the PDD encumbrance on property values.’ I have an affidavit that it has appeared as a Town legal on the Town Clerk’s bulletin board and with that, I believe the file is complete. SUPERVISOR RUSSELL: Would, well, we have a strategy here. We know you are here to yell at us for other things, so we kind of put that first to kind of dull your senses and take the edge off. Would anybody like to comment on the Ag PDD pending local law? COUNCILMAN KRUPSKI: Actually before the public comments, there are a couple of comments here from the Planning Board that were pretty, I think Councilman Edwards has been working really hard on this proposed legislation and maybe he should clarify a few things first, it might answer some questions so that we don’t have, we don’t go around and around. You know, before these questions come up. COUNCILMAN EDWARDS: I would be glad to do that, if you would like. SUPERVISOR RUSSELL: By all means. Ag Planned Development District Public Hearing 12 August 28, 2007 COUNCILMAN EDWARDS: Well, first of all, with respect to the letter by the Planning Board, I would like to propose a small amendment in response to their point number two, if you turn to the very last page, which is section 280-181 C, the next to last sentence says ‘any land preserved by sale of development rights’ their concern is that if somebody does do a full yield subdivision, they shouldn’t get to count as the preserved land, land that has already been preserved by purchase of the development rights. Which certainly no one could disagree with. I would like to propose amending that to delete the word ‘any’ and insert the word ‘already’ between land and preserved and I think that achieves exactly the purpose that they are looking for. That is, land already preserved would therefore, could not be counted as part of the preservation in a full yield subdivision. I have also inserted in a revised text here, I think all of the, most of the suggestions from the Land Preservation Committee on cleaning up the language and minor emendations made a lot of sense and they do appear in this draft in red and we can go into those afterwards as amendments, if you would like. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of an Agricultural Planned Development District? Mr. Baiz? CHRIS BAIZ: Chris Baiz, Southold. I would like to say that I think we have all worked fairly rigorously on this and it’s as the result of an interest and a request from Councilman Krupski that an incremental program such as this be developed as a tool for land preservation in the Town. Especially where in the past several farm families could have used this in years of financial duress. So I think that, we are headed in the right direction for an incremental sales program, not just an all or nothing program. It also sets the tone for once a parcel is in the Ag PDD, that a parcel is on its way to full preservation without putting the demand up front on the Town. If we had 10 parcels come in in one year, we couldn’t deal with them on an all or nothing basis. On this incremental basis, it can be done more easily. In terms of the comments that Councilman Wickham had from the Land Preservation Committee, I just want to make sure that both in the establishment of the price per development right, this is going to be in a very important methodology and number because it will be a hallmark or benchmark of the entire preservation program. And as I believe the legislation states and the additional comments and the Land Preservation Committee letter, it is very important that that price is, here it doesn’t say, it just says two appraisers. It doesn’t say anything about what happens to the two appraisers numbers and I think we need clarification there, that it is the average of or what have the arithmetic average of. And also, in the Land Preservation comments there was the concern that if the two appraisals are divergent enough, they might warrant a third appraisal and so the Land Preservation Committee was actually recommending three appraisals, the two, if all are within 10% of each other, the arithmetic average. If one is outside of 10% of the other two, through the outlier away. And that way, the Town Board doesn’t get involved in establishing a price, the price is established fairly by the appraisals. The other key issue is that a standard price warrants a standard easement. The price or value being determined in the appraisals is for the exclusion of the right to residential development on that space and therefore, that easement language should be so treated and not also be removing potentially agricultural needs and values of that land. And I think that sums up the most important parts in the Land Preservation Committee’s Ag Planned Development District Public Hearing 13 August 28, 2007 letters outside of the rest of the comments. Otherwise, while there are always pros and cons to every issue, I think that we have got a very good working document here and with the final consideration of the various comments in getting them into the language of the proposed legislation, we have done it right. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and comment on the issue of Agricultural Planned Development Districts. Pat? PAT MOORE: Pat Moore. Thank you. My real concern with reading the legislation is to try to analyze this law after, let’s say, it has been adopted and advising someone on what can they do with the property, particularly if it is an agricultural operation that wants to operate in the reserve area. An issue that it seems to be somewhat addressed in your 180, the condition section, in that I assume when you say the reserved area for development shall not exceed 20% of the buildable area for the parcel, that presumes that the entire parcel, once you have placed the covenant over it, it is now in this Ag PDD that from end to end, you will be operating under whatever the rules are that are adopted by the Board at the time. So you will be subject to the Town Board’s review and the Committee’s review for anything that you might want to do on this property, that gives me a pause and a concern because people can be reasonable today and unreasonable tomorrow. But with respect to what can you do on the land that is reserved, there is a circumstance or a situation that is occurring right now with conservation reserve areas, where the Building Department takes the position that the reserve area, you can only take the reserve area with respect to what you can, the uses that you can operate. The number of uses. And if you have got multiple agricultural uses, they are not looking at the entire parcel, they are only looking at the reserve area. So, in days gone by and I don’t know how this might be implemented but when people are looking to leave a reserve area for greenhouses, maybe multiple agricultural operations, what I am seeing today, the interpretation that is occurring is that you need two acres per use, even though all the uses you are operating there are agricultural uses. So, that is an interpretation that is occurring right now with reserve areas and I can see that same analysis applied here so that when you then want to operate the agricultural use that you are trying to preserve because the reserve area will most likely generate the income that the fields or that the vines or whatever is being planted, one carries the other and the problem that is occurring right now and needs correcting is that you should be looking at the entire parcel, not just the reserve area for purposes of the uses that you are permitted to do, the agricultural uses you are supposed to do within the reserved area. It is a little technical, probably most of the people here don’t understand… SUPERVISOR RUSSELL: What you are actually outlining really are problems with the bulk schedule. The requirements for two acres to have a winery and two acres to have the house that is there and if you have already reserved two acres, you have basically essentially spoken for, you know, that is problematic and we are trying to revisit that… MS. MOORE: Good, I am glad you are looking at it…. SUPERVISOR RUSSELL: ….to reduce those requirements. Ag Planned Development District Public Hearing 14 August 28, 2007 MS. MOORE: But that only occurred when you defined the buildable areas, because you defined buildable as areas that are not with, that aren’t encumbered by an easement but an easement is not intended to be the ag easement that you have imposed that are running the reserve area. It is all one parcel and that is the way the process was intended to be and I am hoping that you will address that when you are looking at this law so that you don’t repeat the problem, you try to correct it here… SUPERVISOR RUSSELL: It is an issue that needs to be addressed with the regular PDR program as it currently exists whether this, you know, comes on board. It is an issue either way. This legislation might put special focus on it but it is a problem with the Town Code that we need to address. MS. MOORE: Okay. Well, thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Agricultural Land Development District proposal? (No response) Hearing none, can I get a motion to close? * * * * * Elizabeth A. Neville Southold Town Clerk