HomeMy WebLinkAboutLocal Law ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hail, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.north fork. net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 104 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 1, 2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 18th day of January, 2005 a Local Law entitled "A Local Law in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 2 of 2005 .
A Local Law in relation to. Creation of a Transfer of Development Rights Chapter 87 of th~'
Code of the Town of Southold ~
SECTION 1. CODE AMENDMENT. "'
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold a~
follows
Chapter 87- Transfer of Development Rights
§87-1 Purpose and Intent
As set forth in numerous comprehensive planning documents, the Town's goals include the
preservation of open space, agricultural lands and recreational landscapes; preservation of the
rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of
the natural environment and prevention of further deterioration of resources; preservation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of
Sanitary Flow Credits, and thereby transfer development potential from areas designated for
preservation to areas designated as more appropriate for higher density residential development.
Unless expressly permitted herein, the transfer of development potential may not occur in the
Town of Southold.
§87-2Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting permissible use, area, density, bulk, or height of improvements
executed thereon. 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 section. A development right includes but is not limited
to a sanitary flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow
Credit is equivalent to a fight to develop a single family residential parcel with an individual on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code §760-605. (Other approvals will be required prior to development, including
compliance with the Town zoning code.)
Sending District--one or more designated districts or areas of land from which development
rights are designated for transfer and use in one or more receiving districts.
Receiving District ---one or more designated districts or areas of land to which development
rights generated from one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Development Rights- the process by which development rights are transferred from
one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Town hereby estabti.,hes a Transferred Development Rights Bank (TDR Bank) in which
development r ights may be received, retained aad sold by the Town Board in the best interests of
the Town. All development rights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from
sales of development rights sold from the Town bank shall be deposited into a special municipal
account known as the Commtmity Preservation Fund, to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development right that may be transferred into and out of the TDR Bank is a
sanitary flow credit.
B. The lands from which development fights to be transferred into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that similarly preserves community character as defined and set forth in the definition of
"community preservation" in Chapter 6 of the Town Code. The easement or other document
shall be in a form approved by the Town Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits fi'om
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to the community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a Receiving District.
2. Thc receiving district shall be any lands designated Business (B), Hamlet Business (HB),
Residential Office (RO), or land designated as Affordable Housing District (AHD) after
March 1, 2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitary flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of
property or the development rights thereon, and prior to the public hearing on the purchase,
the Land Preservation Coordinator shall provide to the Town Board a calculation of the
sanitary flow credits available, subject to survey, for transfer from the parcel of property
upon the closing of the contract in accordance with its terms.
B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR
Bank by resolution of the Town Board, which resolution shall set forth the number of
sanitary flow credits and the soume of the credits. The Town Clerk shall maintain a log
detailing the credits transferred into the bank, as provided by the Land Preservation
Coordinator in a form approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department, the Special Projects Coordinator and the Planning Department for
inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development rights shall be transferred back to the sending parcel once the development
fights have been transferred. No development fights may be transferred out of a parcel which
has previously had all of its development rights extinguished under the Town of Southold,
Suffolk County or New York State acquisition of development rights program or other easement,
transfer, restrictive covenant or otherwise.
§87-7. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving
District.
Upon application of the owner of an individual parcel in a Receiving District, the Town Board
may permit the transfer of a development right to such parcel by proceeding in the manner set
forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same manner as set
forth in Section 100-292 relating to change of zone applications.
B. The Town Board, before publishing notice for a public hearing, shall comply with all State
Environmental Quality Review Act (SEQRA) requirements and costs associated with review
shall be paid by the applicant.
C. The Town Board, before publishing notice for a public hearing, shall, in a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer, including the Planning Board recommendations. The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider the factors
set forth in §87-7 E below.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a
public hearing on the proposed transfer and cause at least ten (10) days notice of such hearing
to be published in the official newspaper.
E. Before the tr~ms~Sr of dex elopmcnt rights may be authorized to any Receivipg District, the
Town Board shall determine, after evaluating the affects or'potential increased development
which is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences, and that such increased development is
compatible with comprehensive planning and the development otherwise permitted by the
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
F. Where a transfer of development rights affects districts in two or more school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden between the
taxpayers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the transfer of
sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate, which shall not be signed by the Supervisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have
been filed and such filing has been approved by the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Department prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have
been issued by the Town Board, and such log shall contain the source and location of the
transferred credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attoruey, Tax Assessors Office, the Land Preservation Department, the Special
Projects Coordinator and the Planning Department.
§87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a
recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the
Town Attorney.
a. The Covenants and Restrictions shall contain terms and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry) and §§ 100-50 through 59 (AHD), and the sale and/or
lease price shall be set by resolution of the Town Board.
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue
until the Covenants and Restrictions have been filed and such filing has been approved by the
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attomey, Tax
Assessors Office, the Land Preservation Department, the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
§ 87-10 Revocation
Failure to comply with any of the requirements set forth in this section may result in revocation
of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board
resolution, following a public hearing, after ten (10) days written notice of the hearing by
personal service or certified mail has been given to the property owner.
§ 87-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire
and be returned to the bank one year after transfer if the dwelling unit has not been issued a
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of
the Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in §87-8 D.
§87-12. Return of Credit
In the B, HB or RO zoning districts, a property owner may apply to the Town Board to return the
transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and
Restrictions applicable to the property. The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the
Town Clerk to those town departments referenced in §87-8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder tl~ereof but shall be confined in its opcr:~tion to the clause, sentence, paragraph,
section or part thereof dircctly involved in the controversy in which such judgment shall have
been rendered.
Section III - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FRI~EDOM 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
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 104 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 1, 2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, '
New York, on the 18th day of January, 2005 a Local Law entitled "A Local Law in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid
Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 2 of 2005 .~
A Local Law in relation to. Creation of a Transfer of Development Rights Chapter 87 of th~~
Code of the Town of Southold
SECTION 1. CODE AMENDMENT. ~:
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as
follows
Chapter 87- Transfer of Development Rights
§87-1 Propose and Intent
As set forth in numerous comprehensive planning documents, the Town's goals include the
preservation of open space, agricultural lands and recreational landscapes; preservation of the
rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of
the natural environment and prevention of further deterioration of resources; preservation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of
Sanitary Flow Credits, and thereby transfer development potential from areas designated for
preservation to areas designated as more appropriate for higher density residential development.
Unless expressly permitted herein, the transfer of development potential may not occur in the
Town of Southold.
§87-2 Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting permissible use, area, density, bulk, or height of improvements
executed thereon. 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 section. A development right includes but is not limited
to a sanitary flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow
Credit is equivalent to a right to develop a single family residential parcel with an individual on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code §760-605. (Other approvals will be required prior to development, including
compliance with the Town zoning code.)
Sending District---one or more designated districts or areas of land from which development
rights are designated for transfer and use in one or more receiving districts.
Receiving District ---one or more designated districts or areas of land to which development
rights generated from one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Development Rights- the process by which development rights are transferred from
one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Town h~..tcby establishes a Transferre 1 Development Ri~h;~ Bank (TDR Bank) in ,vhich
development rights may be received, retained and sold by the '[own Board in the best interests of
the Town. All development rights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from
sales of development rights sold from the Town bank shall be deposited into a special municipal
account known as the Community Preservation Fund, to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development right that may be transferred into and out of the TDR Bank is a
sanitary flow credit.
The lands from which development rights to be transferred into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that similarly preserves community character as defined and set forth in the definition of
"commtmity preservation" in Chapter 6 of the Town Code. The easement or other document
shall be in a form approved by the Town Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits from
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to the community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a Receiving District.
2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB),
Residential Office (RO), or land designated as Affordable Housing District (AHD) after
March 1, 2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitary flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
Upon receipt of a contract (executed by the seller) for the Town's acquisition ora parcel of
property or the development rights thereon, and prior to the public heating on the purchase,
the Land Preservation Coordinator shall provide to the Town Board a calculation of the
sanitary flow credits available, subject to survey, for transfer from the parcel of property
upon the closing of the contract in accordance with its terms.
Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR
Bank by resolution of the Town Board, which resolution shall set forth the number of
sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log
detailing the credits transferred into the bank, as provided by the Land Preservation
Coordinator in a form approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department, the Special Projects Coordinator and the Planning Department for
inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development fights shall be transferred back to the sending parcel once the development
fights have been transferred. No development fights may be transferred out of a parcel which
has previously had all of its development rights extinguished under the Town of Southold,
Suffolk County or New York State acquisition of development fights program or other easement,
transfer, restrictive covenant or otherwise.
§87-7. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving
District.
Upon application of the owner of an individual parcel in a Receiving District, the Town Board
may permit the transfer ora development fight to such parcel by proceeding in the manner set
forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same manner as set
forth in Section 100-292 relating to change of zone applications.
B. The Town Board, before publishing notice for a public heating, shall comply with all State
Environmental Quality Review Act (SEQRA) requirements and costs associated with review
shall be paid by the applicant.
C. The Town Board, before publishing notice for a public heating, shall, in a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer, including the Planning Board recommendations. The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider the factors
set forth in §87-7 E below.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a
public heating on the proposed transfer and cause at least ten (10) days notice of such hearing
to be published in the official newspaper.
E. Before ztranst'cr ~>fde'.ctopme~t rights mayl;e authorized ~c~
Town i3 .ard shall determine, after evaluating t}~e affects of p~tet~t: ~i increased dex'elop:nent
which is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental quality and public facilities, including adeqnate
transporiation, water supply, waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences, and that such increased development is
compatible with comprehensive planning and the development otherwise permitted by the
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
Where a transfer of development rights affects districts in two or more school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden between the
taxpayers of such districts.
Following the public hearing, the Town Board may by resolution authorize the transfer of
sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate, which shall not be signed by the Supervisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have
been filed and such filing has been approved by the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Department prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have
been issued by the Town Board, and such log shall contain the source and location of the
transferred credit.
The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special
Projects Coordinator and the Planning Department.
§87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a
recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the
Town Attorney.
The Covenants and Restrictions shall contain terms and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry) and § § 100-50 through 59 (AHD), and the sale and/or
lease price shall be set by resolution of the Town Board.
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue
until the Covenants and Restrictions have been filed and such filing has been approved by the
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attomey, Tax
Assessors Office, the Land Preservation Department, the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
§ 87-10 Revocation
Failure to comply with any of the requirements set forth in this section may result in revocation
of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board
resolution, following a public hearing, after ten (10) days written notice of the hearing by
personal service or certified mail has been given to the property owner.
§87-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire
and be returned to the bank one year after transfer if the dwelling unit has not been issued a
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of
the Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in §87-8 D.
§87-12. Return of Credit
In the B, HB or RO zoning districts, a property owner may apply to the Town Board to return the
transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and
Restrictions applicable to the property. The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the
Town Clerk to those town departments referenced in §87-8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder t!~ :re !' bt~t shall be confined in its operation to the clause, .;cmence, par:~ raph.
section or p:trt thereof directly involved in the controversy in which sucil judgment si~alt i~t~c
been rendered.
Section II1 - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A. Neville
Southoid Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FRICEDOM 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
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 104 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 1, 2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 18th day of January, 2005 a Local Law entitled "A Local Law in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 2 of 2005 .~
A Local Law in relation to. Creation of a Transfer of Development Rights Chapter 87 of the
Code of the Town of Southold
SECTION 1. CODE AMENDMENT. ': ~'_ . .: ;i
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as
follows
Chapter 87- Transfer of Development Rights
§87.~1 Purpose and Intent
As set forth in numerous comprehensive planning documents, the Town's gOals include the
preservation of open space, agricultural lands and recreational landscapes; preservation of the
rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of
the natural environment and prevention of further deterioration of resources; preservation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of
Sanitary Flow Credits, and thereby transfer development potential from areas designated for
preservation to areas designated as more appropriate for higher density residential development.
Unless expressly permitted herein, the transfer of development potential may not occur in the
Town of Southold.
§87-2 Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting permissible use, area, density, bulk, or height of improvements
executed thereon. Development fights 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 section. A development fight includes but is not limited
to a sanitary flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow
Credit is equivalent to a right to develop a single family residential parcel with an individual on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code §760-605. (Other approvals will be required prior to development, including
compliance with the Town zoning code.)
Sending District---one or more designated districts or areas of land from which development
rights are designated for transfer and use in one or more receiving districts.
Receiving District ---one or more designated districts or areas of land to which development
rights generated from one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Development Rights- the process by which development rights are transferred from
one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Tox, :~ i',creby establishes a TransSccred De', elo?ment Rights Bank (TDR Bank) in which
developmc~ t rigl~ta may be received, retained m~d sold by the Town Board in the best interests of
the Town. All development rights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from
sales of dew'.opmcnt rights sold from the Toxvn bank shall be deposited into a special municipal
account known as the Community Preservation Fund, to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development right that may be transferred into and out of the TDR Bank is a
sanitary flow credit.
B. The lands from which development rights to be transferred into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that similarly preserves community character as defined and set forth in the defmition of
"community preservation" in Chapter 6 of the Town Code. The easement or other document
shall be in a form approved by the Town Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits fi-om
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to the community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a Receiving District.
2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB),
Residential Office (RO), or land designated as Affordable Housing District (AHD) after
March 1, 2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitary flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of
property or the development rights thereon, and prior to the public hearing on the purchase,
the Land Preservation Coordinator shall provide to the Town Board a calculation of the
sanitary flow credits available, subject to survey, for transfer from the parcel of property
upon the closing of the contract in accordance with its terms.
B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR
Bank by resolution of the Town Board, which resolution shall set forth the number of
sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log
detailing the credits transferred into the bank, as provided by the Land Preservation
Coordinator in a form approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department, the Special Projects Coordinator and the Planning Department for
inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development rights shall be transferred back to the sending parcel once the development
rights have been transferred. No development fights may be transferred out of a parcel which
has previously had all of its development rights extinguished under the Town of Southold,
Suffolk County or New York State acquisition of development rights program or other easement,
transfer, restrictive covenant or otherwise.
§87-7. Procedure for Transfer of a Development Right from the TDR Bank to a Receiving
District.
Upon application of the owner of an individual parcel in a Receiving District, the Town Board
may permit the transfer of a development right to such parcel by proceeding in the manner set
forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same manner as set
forth in Section 100-292 relating to change of zone applications.
B. The Town Board, before publishing notice for a public hearing, shall comply with all State
Environmental Quality Review Act (SEQRA) requirements and costs associated with review
shall be paid by the applicant.
C. The Town Board, before publishing notice for a public hearing, shall, in a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer, including the Planning Board recommendations. The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider the factors
set forth in §87-7 E below.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a
public hearing on the proposed transfer and cause at least ten (10) days notice of such hearing
to be published in the official newspaper.
Before t~- ~ tra:~s:'~:r of clevelo?~w~t ~; l:ts ~ay b~' :~t~t!~orized to any Receivh~g District,
Town Boa:d shall dctemfiue, a2~'r cvalu:t ng th: af',bcts of potc~tial increased development
which is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences, and that such increased development is
compatible with comprehensive planning and the development otherwise permitted by the
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
F. Where a transfer of development fights affects districts in two or more school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden between the
taxpayers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the transfer of
sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate, which shall not be signed by the Supervisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have
been filed and such filing has been approved by the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Department prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have
been issued by the Town Board, and such log shall contain the source and location of the
transferred credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special
Projects Coordinator and the Planning Department.
§87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a
recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the
Town Attorney.
a. The Covenants and Restrictions shall contain terms and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry) and § § 100-50 through 59 (AHD), and the sale and/or
lease price shall be set by resolution of the Town Board.
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution. No Sanitary Flow Credit Certificate shall issue
until the Covenants and Restrictions have been filed and such filing has been approved by the
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attomey, Tax
Assessors Office, the Land Preservation Department, the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
§ 87-10 Revocation
Failure to comply with any of the requirements set forth in this section may result in revocation
of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board
resolution, following a public hearing, after ten (10) days written notice of the hearing by
personal service or certified mail has been given to the property owner.
§87-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire
and be returned to the bank one year after transfer if the dwelling trait has not been issued a
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of
the Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in §87-8 D.
§87-12. Return of Credit
In the B, EIB or RO zoning districts, a property owner may apply to the Town Board to return the
transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and
Restrictions applicable to the property. The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the
Town Clerk to those town departments referenced in §87-8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competei~r jurisdiction to be invalid, such judgmc:nt shall not affect, impair or inva!i !ate the
remainder ~l~:r~z,pfb,~ sl i be confi~ed i:: ;ts ~ iv¢-~ ~ l~e c}:mse, se~?,nce. ~r r':~ph,
section or part [l~,::'.:o f directly involved in tile c('.;;::ovci':,? ill \~ ifich stlch jctdg:~ient }~all hax'e
been rendered.
Sectiou III - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FRIEEDOM 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
THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 104 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 1, 2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York, on thc 18th day of January, 2005 a Local Law entitled "A Local Law in relation to
Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local
Law:
LOCAL LAW NO. 2 of 2005
of Development Rights Chapter 87 of th~r
A Local Law in relation to. Creation of a Transfer
Code of the Town of Southold
SECTION 1. CODE AMENDMENT. "
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as
follows
Chapter 87- Transfer of Development Rights
§87~1 Purpose and Intent
As set forth in numerous comprehensive planning documents, the Town's goals include the
preservation of open space, agricultural lands and recreational landscapes; preservation of the
rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of
the natural environment and prevention of further deterioration of resources; preservation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of
Sanitary Flow Credits, and thereby transfer development potential from areas designated for
preservation to areas designated as more appropriate for higher density residential development.
Unless expressly permitted herein, the transfer of development potential may not occur in the
Town of Southold.
§87-2 Definitions.
Development Rights- the rights permitted to a lot, parcel, or area of land under a zoning
ordinance or local law respecting permissible use, area, density, bulk, or height of improvements
executed thereon. 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 section. A development right includes but is not limited
to a sanitary flow credit.
Sanitary Flow Credit- one of the development rights allocated to a lot or parcel. A Sanitary Flow
Credit is equivalent to a right to develop a single family residential parcel with an individual on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code §760-605. (Other approvals will be required prior to development, including
compliance with the Town zoning code.)
Sending District--one or more designated districts or areas of land from which development
rights are designated for transfer and use in one or more receiving districts.
Receiving District ---one or more designated districts or areas of land to which development
rights generated from one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Development Rights- the process by which development rights are transferred from
one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Town ' :r~by establishes a Transferred Devel,.)pment Rights Bm~k (TDR Bank) in which
de~ elopmc~r; ights may be rcceived, rctained and sold by the Town Board in tt~e best interests of
the Town. All development fights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from
sales of development rights sold from the Toxvn bank shall be deposited into a special municipal
account known as the Community Preservation Fund, to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development fight that may be transferred into and out of the TDR Bank is a
sanitary flow credit.
B. The lands from which development rights to be transferred into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that similarly preserves community character as defined and set forth in the definition of
"community preservation" in Chapter 6 of the Town Code. The easement or other document
shall be in a form approved by the Town Attomey.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits from
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to the community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a Receiving District.
2. The receiving district shall be any lands designated Business (B), Hamlet Business (HB),
Residential Office (RO), or land designated as Affordable Housing District (AHD) after
March 1, 2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitary flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of
property or the development rights thereon, and prior to the public hearing on the purchase,
the Land Preservation Coordinator shall provide to the Town Board a calculation of the
sanitary flow credits available, subject to survey, for transfer from the parcel of property
upon the closing of the contract in accordance with its terms.
Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR
Bank by resolution of the Town Board, which resolution shall set forth the number of
sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log
detailing the credits transferred into the bank, as provided by the Land Preservation
Coordinator in a form approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office, the Land
Preservation Department, the Special Projects Coordinator and the Planning Department for
inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development rights shall be transferred back to the sending parcel once the development
rights have been transferred. No development rights may be transferred out of a parcel which
has previously had all of its development rights extinguished under the Town of Southold,
Suffolk County or New York State acquisition of development rights program or other easement,
transfer, restrictive covenant or otherwise.
§87-7. Procedure for Transfer cfa Development Right from the TDR Bank to a Receiving
District.
Upon application of the owner of an individual parcel in a Receiving District, the Town Board
may permit the transfer cfa development right to such parcel by proceeding in the manner set
forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same manner as set
forth in Section 100-292 relating to change of zone applications.
B. The Town Board, before publishing notice for a public hearing, shall comply with all State
Environmental Quality Review Act (SEQRA) requirements and costs associated with review
shall be paid by the applicant.
C. The Town Board, before publishing notice for a public heating, shall, in a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer, including the Plauning Board recommendations. The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider the factors
set forth in §87-7 E below.
D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place cfa
public hearing on the proposed transfer mad cause at least ten (10) days notice of such hearing
to be published in the official newspaper.
E. Before the ' :<fcrofdeveloptr~ent ri !,ts n~ayi/e :'uthc~i ud ~) :my ?eceiving District, the
Town Boa:. i~all detemfine, alter ex:quaiing tti~¢ ai'lbcts ~)fp ,tc~:tial increased development
which is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental quality and public facilities, including adequate
transportations, xvatcr supply, waste disposal and fire protcctit :~. and th:~t there will be no
significant environmentally damaging consequences, and that such increased development is
compatible with comprehensive planning and the development otherwise permitted by the
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
F. Where a transfer of development rights affects districts in two or mom school, special
assessment, or tax districts, it may not unreasonably transfer the tax burden between the
taxpayers of such districts.
G. Following the public hearing, the Town Board may by resolution authorize the transfer of
sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate, which shall not be signed by the Supervisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have
been filed and such filing has been approved by the Town Attorney.
§87-8. Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Department prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have
been issued by the Town Board, and such log shall contain the source and location of the
transferred credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special
Projects Coordinator and the Planning Department.
§87-9. Covenants and Restrictions
A. Following the Town Board resolution granting a transfer of a Sanitary Flow Credit to a
recipient pursuant to the procedures set forth in this Chapter, the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the
Town Attorney.
The Covenants and Restrictions shall contain terms and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry) and §§100-50 through 59 (AHD), and the sale and/or
lease price shall be set by resolution of the Town Board.
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution. No Sanitary Plow Credit Certificate shall issue
until the Covenants and Restrictions have been flied and such filing has been approved by the
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attomey, Tax
Assessors Office, the Land Preservation Department, the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
§87-10 Revocation
Failure to comply with any of the requirements set forth in this section may result in revocation
of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board
resolution, following a public hearing, after ten (10) days written notice of the hearing by
personal service or certified mail has been given to the property owner.
§87-11. Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire
and be returned to the bank one year after transfer if the dwelling unit has not been issued a
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of
the Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in §87-8 D.
§ 87-12. Return of Credit
In the B, HB or RO zoning districts, a property owner may apply to the Town Board to remm the
transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and
Restrictions applicable to the property. The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the
Town Clerk to those town departments referenced in §8%8 D.
SECTION II. - SEVERABILITY.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, imp:,~r or invalidate the
remainde: ': .,~ ",' :I', ,.i! b~ co~,.fi:~'d i~ ;'.,~' o~)er'~! ~ a to the clause, s~:~, .~nc'e, paragraph.
section or ?~r-t ....... '
:.~ eof d;rectly involved iii tile COll[i t'Cl'sy ~n wh~ca suca judgment shall have
been rendered.
Section Ill - EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A. Neville
Southold Town Clerk
RESOLUTION 2005-735
ADOPTED
DOC ID: 1318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for
Sanitary. Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant
pursuant to the procedures set forth in Chapter 87 of the Town Code:
$7500 per credit to be used to create an accessory apartment
$12,500 per credit to be used to create a single family home
Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to
an applicant in fractional amounts no smaller than a tenth of a credit.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
RESOLUTION 2005-735
ADOPTED
DOC ID: 1318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for
Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant
pursuant to the procedures set forth in Chapter 87 of the Town Code:
$7500 per credit to be used to create an accessory apartment
$12,500 per credit to be used to create a single family home
Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to
an applicant in fractional amounts no smaller than a tenth of a credit.
Elizabeth A. Neville
Southoid Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
RESOLUTION 2005-735
ADOPTED
DOC ID: 1318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for
Sanitary. Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant
pursuant to the procedures set forth in Chapter 87 of the Town Code:
$7500 per credit to be used to create an accessory apartment
$12,500 per credit to be used to create a single family home
Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to
an applicant in fractional amounts no smaller than a tenth of a credit.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli
RESOLUTION 2005-735
ADOPTED
DOC ID: 1318
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-735 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 22, 2005:
RESOLVED that the Town Board of the Town of Southold hereby sets the following prices for
Sanitary Flow Credits transferred from the Sanitary Flow Credit Bank to an applicant
pursuant to the procedures set forth in Chapter 87 of the Town Code:
$7500 per credit to be used to create an accessory apartment
$12,500 per credit to be used to create a single family home
Each credit is equivalent to 300 gallons per day of sanitary flow. A credit may be transferred to
an applicant in fractional amounts no smaller than a tenth of a credit.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 1]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Edwards, Ross, Wickham, Evans, Horton
NAYS: John M. Romanelli