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HomeMy WebLinkAboutCommunity Preservation Project 2008 Update TOWN OF SOUTHOLD COMMUNITY PRESERVATION PROJECT PLAN August/September 2008 UPDATE Adopted by Local Law No. 13-2008 on September 23, 2008 Filed with NYS Department of State - State Records & Law Bureau October 3, 2008 TOWN OF SOUTHOLD COMMUNITY PRESERVATION PROJECT PLAN August/September 2008 UPDATE Town of Southold Town Board Members Supervisor Scott A. Russell Louisa P. Evans Thomas H. Wickham Albert J. Krupski, Jr. Vincent Orlando William Ruland TOWN OF SOUTHOLD COMMUNITY PRESERVATION PROJECT PLAN August/September 2008 UPDATE Prepared by LAND PRESERVATION DEPARTMENT Melissa Spiro Land Preservation Coordinator CENTRAL DATA PROCESSING John Sepenoski Technical Coordinator For additional information, contact: Melissa Spiro, Land Preservation Coordinator Southold Town Land Preservation Department (631) 765-5711 Executive Summary for August/September Update to List of Eligible Parcels Prepared by Melissa Spiro, Land Preservation Coordinator August 26, 2008 On September 23, 2008, the Town Board adopted an update to the Community Preservation Project Plan (CPPP) List of Eligible Parcels. The update included the following: · The addition of 5 parcels, totaling approximately 24.07 acres, to the existing List of Eligible Parcels. · The deletion of parcels which have been preserved using various preservation methods. · Corrections, where applicable, of Suffolk County Tax map numbers for parcels included on the existing List of Eligible Parcels. The Town's List of Eligible Parcels is now known as the August/September 2008 List of Eligible Parcels. This list replaces the January 31, 2006 List of Eligible Parcels. The text of the Community Preservation Project Plan remains as originally adopted, with the August/September 2008 List of Eligible Parcels and with changes to the three (3) cover sheets: title page, page noting names of Supervisor and Town Board, and page noting who prepared update and contact person. Statistics pertaining to the Town's Community Preservation Project Plan as of August/September 2008 The Community Preservation Project Plan August/September 2008 List of Eligible Parcels contains 971 parcels, totaling 10,086 acres. The parcels are shown on the Community Preservation Project Plan August/September Update Map. · The Community Preservation Project Plan January 2006 Update Map shows 773 parcels, totaling 10,319 acres as existing protected parcels. Since the adoption of the Community Preservation Fund (2% real estate transfer tax), the Fund has been used to partially or totally fund 87 acquisitions, totaling over 1,480 acres. The Town's share of the land acquisition costs (some projects were partnerships with Suffolk County) was approximately $52.8 million dollars. · Since its inception, the Community Preservation Fund has raised over 54.7 million dollars to date. Table of Contents III. IV. Introduction ........................................................................... 1 The Planning Framework ............................................................ 2 How the Map and List of Eligible Parcels Was Developed ........... 2 An Overview of Existing Preservation Efforts Within the Township of Southold .................................................... 3 The Preservation Protection Strategy ............................................. 5 A Description of the Priorities ............................................ 5 The Mechanisms Whereby Voluntarily Offered Parcels Will Be Acquired .................................................................. 6 A Case Study: Fort Corchaug at Downs Farm Preserve ............. 7 Alternative Conservation Tools: A Description of the Different Procedures Whereby Land Can Be Preserved and Protected Within The Town of Southold ................................................................. 8 B. C. D. E. F. G. H. I. J. K. L. Conservation Easement .................................................... 8 Purchase of Development Rights ......................................... 9 Transfer of Development Rights .......................................... 9 Tax-Exempt Installment Sale ............................................. 9 Bargain Sale ................................................................. 9 Like-kind Exchange (IRC 2031) ....................................... 10 Limited Development .................................................... 10 Family Limited Partnership .............................................. 10 Charitable Remainder Trust .............................................. 10 Land Donation ................................................................ 11 Fee Acquisition ............................................................ 11 Regulations/Zoning ........................................................ 11 Map and List of Eligible Parcels .................................................. 14 Appendix: ............................................................................ 15 Public Participation Element .............................................. 16 Planning Framework: Program Description ............................. 17 A Case Study: Fort Corchaug at Downs Farm Preserve .............. 20 I. INTRODUCTION The Peconic Bay Region Community Preservation Act was signed by New York State's Governor, George Pataki on June 22, 1998. This legislation created a mechanism whereby the Town of Southold may establish a fund financed solely by revenues from a real estate transfer tax to be levied on certain types of real estate transactions within the Town. Use of the funds is limited to implementing a strategic plan -the Community Preservation Project Plan, the details of which are spelled out in this document. This document, hereafter referred to as The CPPP, identifies how the Town intends to preserve or protect properties that are integral to the unique community character of Southold. The Preservation Act specifically provides for the preservation and protection of specific types of land, to wit: Open space and agricultural lands Parks, nature preserves, recreation areas Lands of exceptional scenic value Fresh and salt water marshes, wetlands Aquifer recharge areas Undeveloped beachlands or shorelines Wildlife refuges with significant biological diversity Unique or threatened ecological areas Natural, free flowing rivers or river areas Historic places and properties, whether listed on the New York State Register of Historic Places or protected by municipal law Any of the aforementioned types in the furtherance of a greenbelt. As required by the Preservation Act, the purpose of this document is multi-fold. It explains how the Town developed the listing of properties that will be eligible to participate in this program. It indicates which types of properties should be given highest priority for either preservation or protection. It provides a description of the many alternative mechanisms the Town can (and may) use to protect or preserve specific properties in cooperation with their owners. And, finally, it presents a map and a companion listing of eligible parcels that should be preserved or protected through the use of Community Preservation Project Funds. This document shall be valid for a period of three years beginning in November of 1998, provided the voters of Southold Town adopt it by referendum. In short and in essence, this document is a guide intended for interested land owners who voluntarily chose to work with the Town to preserve and protect privately- owned real estate assets in a way that benefits the community-at-large as well as the owner. This document is to be used by the Town Board and the Community Preservation Fund Advisory Board as defined by Chapter 6 of the Town Code: Community Preservation Fund. The Advisory Board is charged with advising the Town Board on the use of monies from the Community Preservation Fund and on the manner Town of Southold CPPP Page 1 and type of preservation and protection actions that should be used for specific parcels that may be offered voluntarily by their owners. II. THE PLANNING FRAMEWORK: A. How the Map and List of Eligible Parcels Was Developed. B. An Overview of Existing Preservation Efforts Within the Township of Southold A. How the Map and List of Eligible Parcels Was Developed. The Map and List of Eligible Parcels was derived in a two-part process. The initial map and listing was created by staff members of the Planning and Data Processing departments using a Geographic Information System. A preliminary map was developed showing all parcels ten acres or larger. The majority of these parcels were agricultural properties. Some of the parcels, however, were sites of unique ecological or scenic value. Many of these parcels already had been placed on the town's Priority A Acquisition List by resolutions of the Town Board. The parcel review process was then expanded to include parcels of less than ten acres and these properties subsequently were added to the map. Town personnel, advisory committees and members of various civic, environmental, business and community organizations were invited by the Town Supervisor to review this preliminary map, both for accuracy and to suggest additional parcels for inclusion or deletion. Working sessions and information meetings were held on July 1, 1998, July 14, 1998, July 20, 1998 and July 25, 1998 (Fishers Island only). Over 70 people attended these sessions. They represented Town departmental staff, Town advisory committees, civic, environmental, business and community organizations. To assist in this process, the working map was designed to show all properties within Southold that were considered to be protected. For the purposes of this document, protected lands were defined as meeting one of the following criteria: · / Owned (in whole or part) by federal, state, county or town government ~' Owned or held in trust by the Peconic Land Trust ,/ Owned or held in part (by easement) by The Nature Conservancy · /Clustered open space collectively owned by residents within a respective subdivision ,/' Park district properties ~' Owned by public schools or used as a cemetery Throughout the public participation process, staff worked with other Town personnel to try to ensure that the List of Eligible Parcels also met with the objectives of several long range planning initiatives that have been undertaken by Southold Town over the past several years. We sought to include those parcels whose preservation and protection (in Town of Southold CPPP Page 2 whole or in part) were felt to be important to the successful preservation of the community's character: whether ecological, historical, scenic, cultural, recreational or economic. Many of these parcels had been identified previously as noteworthy of public acquisition in a Priority B Acquisition List, which essentially was a working document used by Planning and Community Development staff to keep track of properties thought to be in need of preservation or protection of some sort. The net result of all the meetings is that the map's accuracy was improved, parcels were added and the public's understanding of the legislation was furthered. Planning staff and the Land Preservation Committee Chairman reviewed the proposed additions to ensure their eligibility under the legislation. Only a few inappropriate or ineligible properties were deleted from this Map. On August 12, 1998, a public information meeting will be held on Fishers Island to be followed by a public hearing of The CPPP on August 18, 1998 at Town Hall. By that time, all property owners whose properties have been nominated for inclusion on the List of Eligible Properties should have received a letter from the Supervisor notifying them of this. The letter will include information about the Peconic Bay Region Community Preservation Act of 1998, The CPPP, and the dates of the August public meetings. Notes: 1. In developing the Map for The CPPP, it should be understood that the GIS generated map is an improved version of the Suffolk County Real Property Tax Service Agency Map (Copyright 1997 County of Suffolk). Given the short time frame between the day the legislation was signed into law by the Governor and the deadline for completing this document in time for the public referendum vote, reasonable attempts were made to ensure the accuracy of the Suffolk County Real Property tax map numbers. Since there is a lag between the day new deeds are filed and the actual redrawing of the tax maps (along with the reassigning of new numbers) by Suffolk County Real Property, we chose to use the Map itself as the principal point of reference rather than the listing of tax map numbers. The Map is the most accurate representation of property lines available to us, and it reflects the Town's updating of the County database through to July 30, 1998. See Appendix A for copies of material related to the public participation process described here, including the letter sent to owners of eligible properties. B. An Overview of Existing Preservation Efforts Within the Township of Southold The design of this Plan (the properties deemed to be eligible, the recommended method of preservation or protection and the types of properties that should be given priority or preference) depends on an understanding of the Town's current long-range strategy for itself. At present, several planning initiatives and programs are in operation within Town of Southold CPPP Page 3 Southold Town. Some are in development, others were written years ago, but continue to influence present day decisions. They include federal, state, local, grassroots and foundation-funded efforts. Together, these programs provided the rationale for the Map and List of Eligible Properties. (A brief description of each of these programs is provided in Appendix B) Long Island Sound Coastal Management Program New York State Coastal Nonpoint Source Pollution Control Program The Long Island Sound Study Long Island Sound Historic Centers of Maritime Activity The Peconic Estuary Program The Long Island Comprehensive Special Groundwater Protection Area Plan Report of the East End Economic and Environmental Task Force Town of Southold Comprehensive Plan Stewardship Task Force Report and Recommendations Fishers Island Growth Plan Fishers Island Watershed Protection Standards Seaview Trails of the North Fork: An Alternative Transportation Initiative Scenic Byways Corridor Management Program Agricultural Land Preservation Program Open Space Preservation Program Recreational Facilities Planning and Maintenance Ground Water Protection and Drinking Water Supply Management Plan Watershed/Surface Water Protection Program Resource Protection/Enhancement Program Habitat Maintenance and Restoration Program Coastal Erosion Study and Mitigation Plan Local Waterfront Revitalization Program Harbor Management Program In addition to these aforenoted programs, the Town took into account the priority properties listed in the New York State Open Space Plan for 1997. As of July 1998, the Town's protected lands consisted of 500 parcels encompassing 6545 acres of land, slightly more that 19% of the total upland area of the Township (NOT including its extensive underwater holdings). The estimated upland acreage is more than 34,000 acres, of which about 9820 acres are thought to be in agricultural use. A quantifiable amount of this land was purchased for the express purpose of protecting the community's character whether it be in the form of farmland, open space, scenic vistas, parks and recreation areas, historical sites, stormwater retention swales or groundwater recharge sites. The longest running preservation and protection initiative of the Town has been that of agricultural land preservation. Since 1983, with the passage of its first local bond act to acquire the development rights to farmland, Southold Town has spent more than 7.25 million dollars to purchase the Town of Southold CPPP Page 4 rights to more than 680 acres of prime agricultural land within the Town. Bond issues were approved in 1983, 1987, 1994, 1996 and 1997. Another issue is slated for voter review on this November's ballot. The Town's aggressive preservation record was a factor in its receiving a federal grant of $100,000 in 1996 and a state grant of $165,000 in 1998 to further its work in this area. Since the Land Preservation Committee is a voluntary group, advisory to the Town Board, the administrative costs of the Town's purchase of development rights program has been almost nil. The County of Suffolk's purchase of development rights program has been in existence since 1974 and has been responsible for the preservation of about 1200 acres of farmland within the Town. in recent years, the Town (specifically the Town Bard, the Land Preservation Committee and the Planning Board) has worked closely with third parties such as The Peconic Land Trust and The Nature Conservancy. Such collaborative efforts have been most effective in certain situations where the purchase of development rights was further enhanced by conservation easements secured on adjacent lands. This approach has effectively leveraged the Town's limited financial resources so that more land was preserved or protected at less cost to the Town. The ongoing program will be conducted much in the same manner as in the past with one significant change. In 1998, the Town retained the services of The Peconic Land Trust to assist with the growing workload, and also to expand its ability to leverage available funds to preserve and protect more land at less cost. III. THE PRESERVATION/PROTECTION STRATEGY: A. A Description of the Priorities B. The Mechanisms Whereby Voluntarily Offered Parcels Will Be Acquired C. A Case Study: Fort Corchaug at Downs Farms Preserve A. The Priorities: Types of Properties which will given preference The Town's longstanding priority has been the preservation and protection of its prime agricultural properties. That emphasis continues in The CPPP. However, the Town also recognizes that there are other important priorities, which were determined by the programs described in Section II: Planning Framework. Further, many properties noted on the Map and List of Eligible Parcels meet more than one criterion for eligibility. In order to maximize its limited resources, the Town will seek to select for preservation and protection Town of Southold CPPP Page 5 those parcels, which will provide the greatest public benefit. For this reason, a threatened parcel with multiple values will be given high priority. However, the voluntary nature of the program means that the Town will be limited to applications put before it by interested landowners. Therefore, the ranking of parcels necessarily will be a relative one based on the parcels before it at any given time. To further complicate matters, some eligible parcels may be capable of sustaining limited development on part of the land without compromising the key values that caused it to be placed on the Map and List of Eligible Parcels. In these cases, the Town may wish to rank these parcels differently, opting perhaps for partial purchase of the whole site. Given this situation, the Town has chosen to take a flexible approach to determining how each parcel will be best preserved or protected. The next section describes the mechanisms whereby the Community Preservation Fund Advisory Board (hereafter referred to as the Fund Advisory Board) will review each application before it. B. The Mechanisms The Fund Advisory Board has several options whereby it may review applications by landowners to preserve and protect their properties under this program. As described in more detail in Section IV. Alternative Conservation Tools, the Town already provides some tools for the preservation and protection of sensitive parcels. For example, the purchase by the Town of development rights from active agricultural land has been utilized extensively and continuously since 1984. We intend to continue using this approach in appropriate situations. As mentioned earlier, the Town would like to maximize or leverage the Fund's resources to the greatest extent possible. In situations where the preservation or protection of an eligible parcel may result in multiple benefits, the use of certain conservation and land use tools, or combinations thereof, may be necessary in order achieve the maximum set of benefits. Since this is a voluntary program, it is reasonable to assume that the average landowner will be looking for a financially feasible way to protect both the land and the community character. In these cases, the primary method whereby the Fund Advisory Board will review most properties will be through the Conservation Opportunities Process. The Opportunities Process as described below will provide the landowner will valuable information to help him/her maximize the benefits of land preservation to him/herself as well as the community. Conservation Opportunities Process' The main concept behind the Opportunities Process is to define the values that should be protected on a specific parcel so as to provide the landowner with a Town of Southold CPPP Page 6 range of options that might best meet dual goals: preservation or protection of the land and estate planning needs. The process itself is a follows: A Base Map is prepared which consolidates all existing information about the property. Data soumes may include a survey and an aerial photograph. From this map, an Environmental Conditions Map is derived which shows the types and location of different soils, the topography, the location of wetlands and other significant natural features. These maps are reviewed with the landowner so that areas to be protected and to be considered for limited development can be identified. Once the landowner has determined which portions of his/her property will be preserved or protected from development and which portions, if any, are to be developed in a limited fashion, these decisions will be graphically defined in a Conservation Opportunities Plan. The Opportunities Plan may be prepared by the landowner, the Fund Advisory Board or a third party. It will be reviewed by the Fund Advisory Board. At that time, any inconsistencies between the goals of the landowner and the Town will be discussed and mediated. When a consensus is reached between the Town and the landowner, a final Conservation Opportunities Report will be prepared. The Report will include appraisals, which will identify the values of development or other rights of the subject parcel that may be purchased by the Town from the Community Preservation Fund. The case study described in the next section provides additional details about how this process can work. Co A Case Study: The preservation project known as "Fort Corchaug at Downs Farm Preserve". At a time when development pressures have increased dramatically in the Town of Southold, the "Fort Corchaug at Downs Farm Preserve" project illustrates the benefits of following the Conservation Opportunities Process. This recent successful collaboration involved the good faith dedicated effurts of private citizens, nonprofit organizations, and Southold Town, Suffolk County, and New York State governments. In the end, the goals of the private landowner and the community were met: to preserve the character and the natural and historic resources of the site. This significant site, located along the shore of Downs Creek in Cutchogue, contains 105 acres of scenic woodlands and wetlands and productive farmlands, within which are found the archeological remains of an important Long Island Native American fort site. Sufiblk County and Southold Town first considered this property for public acquisition in 1991, at a projected cost of $3 Million. This effort ended in frustration by all parties. Six years later, Southold Town achieved success in partnership with the landowner, Suffolk County, the Peconic Land Town of Southold CPPP Page 7 Trust and other private organizations and individual citizens, who assembled the purchase funds of $2.5 Million and created the transaction as follows: · The Town purchased 51 acres of the site, encompassing the Downs Creek wetland shoreline, the woodlands and the historic fort site. The $1.2 Million cost was satisfied with $1 Million of the Town's open space funds and $200,000 provided by the New York State Office of Parks, Recreation and Historic Places. · Charitable contributions enabled the Peconic Land Trust to purchase the remaining 54 acres, of which it then sold 35 acres of farmland development rights to Suffolk County. A conservation easement-covenant was placed on the remaining 19 acres, which were then sold with the 35 acres of dedicated farmland, to a new landowner. · The Town subsequently granted a conservation easement to the Peconic Land Trust, further protecting the natural and archeological values of the 51 acres. The collaborative Conservation Opportunities ?lanningprocess transacted for this 105 acre site, met all of the desired goals and requirements of all the parties contributing to the preservation project, with considerably reduced acquisition costs and income tax consequences. Appendix C contains maps applicable to this case study. IV. ALTERNATIVE CONSERVATION TOOLS: A Description of the Different Procedures Whereby Land Can Be Preserved and Protected Within The Town of Southold Conservation Easement - A voluntary agreement between a landowner and a charitable conservation organization or the Town to restrict the use of land in perpetuity. Easements convey a portion of a property owner's "bundle of rights' to a qualified recipient. For example, an easement may restrict land or a portion thereof from subdivision, construction, or other alterations to the property in a specified manner. Such restrictions may protect significant natural, agricultural, and/or historical features of the property. While conservation easements do not permit public access, they provide for the protection of environmental, agricultural, scenic, and historic resources at no cost to the Town. This flexible tool protects land while leaving it in private ownership. It can make a critical difference in a family's ability to pass land fi.om one generation to the next by reducing the value of land for estate tax purposes. The donor may also be entitled to a charitable girl equal to the difference in value of land before an after the easement donation. Easements are very useful when used in combination with other tools. Town of Southold CPPP Page 8 Purchase of Development Rights - A development right is one of a property owner's "bundles of rights.' It allows the construction of a residence on one's property. Both the Town and Suffblk County have Purchase of Development Rights (PDR) programs designed to protect Farmland. Through these programs, landowners voluntarily agree to sell all or a portion of their development rights to the municipality. The municipality is able to protect land at a lower cost than outright acquisition. The landowner is able to realize a portion of the equity in the land, while reducing its value for estate tax purposes. The land and remaining rights are still owned by the farmer. Transfer of Development Rights - State law permits the Town Board to authorize by local law the transfer of permitted residential development rights from one parcel of land to another parcel of land within the same school district, where such authorization shall be found to serve the Town's Comprehensive Plan. This tool has been studied by the Town but due to the nature and location of existing development, and the fragility of the ecology within the Town, there are significant obstacles to implementing it and at this point, limited benefits to be gained. If such a program is added at some point in the future, a minimum requirement of the CPP? would be that the land from which the development rights are to be transferred must have characteristics that enable its permanent preservation to fulfill specific resource conservation objectives. Examples of these lands are wetlands, parks, prime farmlands, and aquifer protection areas. Tax-Exempt Installment Sale - In effect, a tax-exempt installment sale represents a long-term contract (up to 30 years) to sell development rights or land to a municipality. In its purest form, tax-exempt interest on the sales price is paid on a semiannual basis during the contact period, with the sales price paid in a lump sum at the end of the term. As such, both the receipt of the sales price and payment of any capital gains tax are deferred. Presently, special bonding requirements in New York State law have made it difficult to structure installment sales unless a portion of the principal is paid regularly during the term of the contract. It is important to note that, should the landowner want to realize the full sales price prior to the end of the term, the installment-purchase contract itself can be sold by the landowner or his/her heirs to municipal bond investors. The installment purchase contract enables the municipality to effect a land acquisition with a much smaller initial outlay and provides time to raise the funds needed for the balance. Bargain Sale - A bargain sale is a conveyance of development rights or land to a charitable conservation organization or municipality at less than its fair market value. The seller may be entitled to a charitable girl equal to the difference between the bargain sale price and the fair market value. Town of Southold CPPP Page 9 For the conservation organization and the municipality, a bargain sale results in savings of limited acquisition funds. Like-kind Exchange (IRC 2031) - A like-kind exchange is a tax-free transaction in which a landowner's property is exchanged for other qualified like-kind property. Such an exchange can be fulfilled through a sale of land or development fights as long as the proceeds of the sale are reinvested in qualified business or investment property within a 6-month period. Limited Development - Limited development is the subdivision of land on a reduced-density basis in a manner that is both economically rewarding to the landowner and ecologically sensitive to the land. It integrates the unique elements of an individual property (e.g. agricultural soils, natural features) with the landowner's goals (e.g. estate planning, financial objectives) and the real estate market of the local area to create an alternative to traditional development. It is often used in conjunction with conservation easements and other conservation tools. Family Limited Partnership - A family limited partnership is a form of ownership that can be used to facilitate the transfer of land and other assets from one generation to another. Depending upon restrictions within the partnership agreement, the value of land held by the family limited partnership can be discounted by as much as 25% -35% for estate tax purposes. The partnership consists of general partners who have full authority to manage the business and affairs of the partnership as well as limited partners who have no obligations or control over the partnership. In the context of a family, one or more parents can be defined as general partners while the children and other heirs can be limited partners. Charitable Remainder Trust - A Charitable Remainder Trust is a mechanism through which a landowner can achieve a stream of income during his/her lifetime or other specified time period by donating as asset (cash, securities, land, etc.) for the benefit of a charitable organization or Town. The Charitable Remainder Trust manages the investment of the asset with the income being distributed to the donor. Upon the death of the donor, the principal is transferred to the charitable organization. Land Donation - Under special circumstances, a landowner may want to consider an outright donation of land. Land donated to a conservation organization or Town may represent an excellent legacy for future generations. Communities across the country are enjoying nature preserves, recreation areas, and other open space today because of the foresight and generosity of landowners who have made gifts of appropriate portions of their holdings. Such a donation may provide the Town of Southold CPPP Page 10 donor with a significant charitable deduction while removing a taxable asset from an estate. Fee Acquisition - In some instances, total preservation of the entire parcel is the preferred option. In this case the entire bundle of rights may be purchased resulting in the transfer of ownership of the parcel from the landowner to the Town or a qualified non-profit conservation organization. Regulations/Zoning - State and local laws provide for a wide range of legislation and regulations for use by municipalities for the purpose of controlling land use. The following listing briefly describes existing local legislation, which enables the Town to preserve and protect key land resources within the community. Town Code Reference: Description Chapter 25: Agricultural Lands Preservation Establishes provisions for the acquisition of development rights to conserve, protect and encourage the improvement of prime agricultural lands, both for the production of food and the preservation of open space. Applies to all prime farmland within the Town. Chapter 37: Coastal Erosion Hazard Areas Allows for implementation and administration of Coastal Erosion Management Program for the purpose of regulating new construction, establishing standards and procedures for the review of erosion protections structures and reducing coastal flooding and erosion. Regulates within 100 feet of the mean high water mark. Chapter 56: Landmark Preservation Establishes Landmark Preservation Commission and procedures to preserve places, sites, structures and buildings of historic or architectural significance. Protects locally significant sites through Local Designation Process. Chapter 59: Open Space Preservation Establishes provisions for the acquisition of open space. Chapter 97: Wetlands Allows for protection, preservation, and proper maintenance and use of tidal and fresh water wetlands. Defines Board of Trustees' jurisdiction and responsibilities within 75 feet of designated wetlands boundary. Town of Southold CPPP Page 11 Chapter 100, Zoning Article II1: Agricultural-Conservation (A-C) District Establishes provisions to reasonably control and, to the extent possible, prevent the unnecessary loss of currently open lands within the Town containing large and contiguous area of prime agricultural soils which are the basis for a siguiflcant portion of the Town's economy. Article XVIII: Cluster Development Establishes provisions to encourage flexibility and innovation in the design of residential development that cannot be achieved on many sites through adherence to traditional zoning and subdivision regulations. Clustering is required on lots often or more acres in the Agricultural- Conservation (A-C), R-40, R-80, R-120 and R-400 Zoning Districts. The application of the cluster development technique is intended to achieve: · Maximum conservation of land and protection of groundwater supply and groundwater recharge areas; · Preservation of agricultural activity; · Variety in type and cost of residential development; · Preservation of trees and outstanding natural features, prevention of soil erosion, creation of usable open space and recreation areas and preservation of scenic qualities of open space; · A smaller network of streets and utilities. Article XX1: Landscaping, Screening and Buffer Regulations Establishes standards intended to enhance the appearance and natural beauty of the town and to protect property values through preservation and planting of vegetation, screening and landscaping material. Article XXII: Farmland Bill o fRights Protects farmers operating in accordance with applicable laws and accepted practices from undue interference from adjacent landowners or USerS. Article XXK: Site Plan Approval Allows for procedures and standards to encourage good design and to: · Protect the established character and value of adjoining properties; · Lessen and prevent traffic congestion; · Prevent overcrowding of land or buildings; · Secure safety from fire, flood and other dangers and provide adequate light, air and convenience of access; · Mitigate the environmental impacts of new development on the land, air and water resources. Town of Southold CPPP Page 12 Article XXXIII, Section 100-239. 4: Building setback requirements adjacent to water bodies and wetlands Establishes provision for setback requirements for all buildings located on lots adjacent to water bodies and wetlands. Chapter A 106: Subdivision of Land Establishes provisions so that: · Proper provision shall be made for drainage, water supply, sewerage and other needed improvements; · All proposed lots shall be so laid out and of such size as to be consistent with the development pattern of the neighboring properties; · All proposed streets shall be of such designed to accommodate the prospective traffic and to facilitate fire and emergency protection; · Proper provision shall be made for open spaces and recreation areas; · The natural beauty of the town is conserved; · An unusually detailed review shall be afforded to development plans for waterfront property. Town of Southold CPPP Page 13 V. List of Eligible Parcels: Community Preservation Project Plan Town of Southold CPPP Page 14 Key to Classification Code: A: open space, including agricultural lands B: parks, nature preserves recreation areas C: lands of exceptional scenic value D: fresh and saltwater marshes, wetlands E: aquifier recharge areas F: undeveloped beachlands or shoreline G: wildlife refuges with significant biological diversity H: historic places and properties listed in NYS Register of Historic Places and properties or places protected by municipal law I: unique or threatened ecological areas J: natural, free-flowing rivers or river areas K: any of the aforementioned in the furtherance of a greenbelt VI. APPENDIX: A. Public Participation Element B. Planning Framework: Program Descriptions C. A Case Study: Fort Corchaug at Downs Farm Preserve Town of Southold CPPP Page 15 APPENDIX A. Public Participation Element Town of Southold CPPP Page 16 TIME LINE FOR ADOPTION OF COMMUNITY PRESERVATION PROJECT PLAN This timeline pertains only to the Plan itself, and not the Legislation which is being handled by the Town Attorney. June 26, 1998: Cimulate memo from Supervisor to all advisory committees and Town offices regarding first open session to be held on July 1 Purpose of open session is to obtain internal input as a follow-up to supervisor's June 11 th memo to all town offices/committees. July 1, 1998: Open Session to review maps, to be held in Planning Offices/Conference Room from 8 AM to 8 PM. July 7, 1998: Presentation by "the Team' (Melissa, Dick, Valerie) to the Town Board on the progress made to date. Presentation to include the draPt map and outline of the plan document as per legislation. The time-frame for the next two months also will be discussed at this time. Town Board to set Public Information Meeting for July 22nd or 23'd. July 14, 1998: Second Open Session to review maps. ?Invitation to be extended to outside civic and business groups as well as to town committees? July 22 or July 23, 1998 Public Informational Meeting to Review Draft Map and Solicit Additional Listings on Fishers Island July 25, 1998 Public Information Meeting to Review Draft Map and Solicit Additional Listings on Fishers Island August 4, 1998: Town Board to set two public hearings for adoption of Plan document. August 5, 1998: Day for letters to go out to affected property owners August 12, 1998: Town Board hearing on Fishers Island August 18, 1998: Town Board heating in Southold September 1, 1998: Last day for Town Board to adopt plan. Revised Version 7.2.98 AM NOTES ON COMMUNITY PRESERVATION PROJECT PLAN 7/98 The Peconic Bay Region Community Preservation Act which was signed by Governor Pataki in June created a mechanism whereby Southold Town may use real estate transfer taxes to acquire properties critical to the preservation of agricultural land and open space within the township. The legislation requires each town to adopt a written plan or strategy which outlines the properties that may be considered for acquisition with the funds, and which explains the criteria that will be used to determine which properties to preserve. Only properties listed in the Preservation Plan will be eligible for acquisition by the Town for a three year period following its adoption. The owners of properties included within the Preservation Plan will have the option of preserving their land if they so chose. As with the Town's and County's Purchase of Development Rights programs, this proposed program will be a voluntary one: another tool for landowners interested in protecting their land from development. The Preservation Map presented at tonight's meeting is a draft which reflects the cumulative input of Town personnel, advisory committees and various civic, environmental and community organizations. The map shows 653 parcels encompassing 12,622 acres of land determined to be eligible for consideration under the terms of the Community Preservation Fund. ( The total acreage of the Town is between 34 and 35 thousand acres (including underwater lands). The approximate number of discrete parcels is over 18 thousand.) The DRAFT Preservation Fund legislation specifically provides for the establishment or preservation of the following types of land: · parks, nature preserves, recreation areas · open space, including agricultural lands · lands of exceptional scenic value · fresh and saltwater marshes, wetlands · aquifer recharge areas · undeveloped beachlands or shoreline · wildlife refuges with significant biological diversity · unique or threatened ecological areas · natural, free-flowing rivers or river areas · historic places and properties listed in NYS Register of Historic Places and properties or places protected by municipal law · any of the aforementioned in the furtherance of a greenbelt · Pine Barrens · Rivers in a natural free-flowing condition At present, this map shows in green all protected land, that is: owned by federal, state, county and town govenunents, owned or held in trust by the Peconic Land Trust, owned by the Nature Conservancy, clustered open space collectively owned by residents within subdivision, park district properties land used for schools and cemeteries. The total number of protected parcels is 467 encompassing 6,312 acres of land: approximately 18% of the total upland area of the Town. This Map will be refined within the next two to three week period. In the meantime, Valerie Scopaz, Town Planner, Richard Ryan, Chairman of the Land Preservation Committee and Tim Caufield of the Peconic Land Trust will collaborate in putting together the draft text of the Community Preservation Project Plan as required by the State legislation. This text will be completed prior to the public hearing in August to provide adequate time for public review and comment. Re: SCTM #: ((SWIS~ ((PRTKEY)~ Dear Landowner: In November, voters will be asked to establish a Community Preservation Fund for Southold Town. The Town would use the money in this fund to acquire and preserve properties of landowners that want to voluntarily keep their land from being further developed. The money will come from a real estate transfer tax of two percent (2%) of the value of real estate sales over $75,000 for vacant land and over $150,000 for improved property. Sales of vacant land valued under $75,000 and of improved property valued under $150,000 would be exempt from the transfer tax. Certain other sales for land preservation or agricultural purposes would also be exempt. Prior to the voter referendum, the Town is required to adopt a Community Preservation Project Plan (CPPP) which includes all properties that may take advantage of this program. The purpose of this letter is to advise you that your property has been placed of the list of eligible properties. The inclusion of your land in this Plan means that if you wish to protect or preserve your property from full or partial development you would be eligible to do so through the CPPP program. The option is yours. Should you decide to sell or develop your land instead, you will still be able to do so pursuant to your rights under current zoning. The transfer tax money that will be placed into the Town's Community Preservation Fund will come from real estate transactions within the Town of Southold. It will be used for the protection and preservation of farmlands, open space, wetlands and groundwater recharge areas, beach and recreation areas and similar resources that benefit the character of our community. Again, the inclusion of your property in this Plan does not obligate you in any way, nor does it impose any limitation on use. Instead, it provides you with an option that otherwise may not be available. As you and your family consider the future use, ownership and management of your land, this program will provide you with an opportunity to protect the open space/agricultural value of your land for future generations and at the same time, maintaining the faming/open space/maritime character o four Town. If you have any questions about this program, please consider attending one of the public meetings noted herein, or call the office of the Supervisor at 765-1889. August 12, 1998: Town Board Informational Meeting: 1:45 p.m. at Fishers Island School August 18, 1998: Town Board Public Hearing: 8:00 p.m. at Southold Town Hall Sincerely, Jean Cochran Supervisor APPENDIX B. Planning Framework: Program Descriptions Long Island Sound Coastal Management Program (LISCMP) Prepared by the New York State Department of State in 1994, this draft plan reflects the conservation and development issues of the Long Island Sound coast. The recommendations include improving public access, protecting natural resources, improving quality of ecological systems, and enhancing community character. Long Island Sound Historic Centers of Maritime Activity The above-noted program identified 17 historic centers of maritime activity, three of which were in the Town of Southold. These are Mattituck Inlet on the Sound, and Orient-Oyster Ponds and the Village of Greenport on Peconic Bay. The State recommended preserving and enhancing these centers. New York State Coastal Nonpoint Source Pollution Control Program This program recommends a pollution management strategy that will result in an overall decrease in environmental pollution from non-point sources such as stormwater runoff. The Long Island Sound Study (LISS) This estuarine management study of Long Island Sound started in 1985 and is under the aegis of the U.S. Environmental Protection Agency. Among other things, the study recommends habitat restoration and control of water pollution from land uses along the shoreline of the Sound. The Peconic Estuary Program (PEP) The focus of this program is on estuarine management of the Peconic Estuary. In effect since 1992, this program is developing a number of recommendations to minimize the detrimental impacts of some land uses on estuarine resources. The Long Island Comprehensive Special Groundwater Protection Area Plan Completed in 1992 by the Long Island Regional Planning Board, this plan recommends protection and conservation of groundwater through careful stewardship of the watershed contributing to that supply. Specific measures were suggested for Southold's small and vulnerable groundwater supply. Report of the East End Economic and Environmental Task Force Written in 1994 by a 49 member volunteer task force whose members were drawn from a wide range of fields of expertise, this report stressed the importance of conserving the East End's environmental quality because it is the base of the region's primary economic activities. Town of Southold Comprehensive Plan Originally developed in the late 1960s, this plan was modified in the med 1980s. It advances "the Town's interest in preserving and enhancing the natural and built Town ofSouthold CPPP Page 17 environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water, existing sensitive environment of the Town and its historic heritage." Stewardship Task Force Report and Recommendations In response to an observation by the US/UK Stewardship Exchange Team in 1991, the Town established a Stewardship Task Force to suggest actions to implement the Town's Vision. The Task Force's 1994 Report made thirty recommendations to enhance the quality of life within the community through the preservation of farmland, open space, historic character and the environment. Fisher Island Growth Plan Written in 1984, this plan was updated in 1987 and 1994. It emphasizes the importance of protecting the Island's unique environment. Fishers Island Watershed Protection Standards In 1997, the Suffolk County Department of Health Services and the County Department of Planning made several recommendations to protect the drinking water supply of Fishers Island. Seaview Trails of the North Fork In 1995, the Southold Town Transportation Committee proposed a comprehensive recreational trail network throughout the Town. Walking, biking and kayaking trails were designed to interface with existing parks, waterfront access and areas of great scenic beauty. Under construction, it is hoped that the network eventually will include off-road trails. Scenic Byways Corridor Management Plan Due to be completed during the fall of 1998, this plan is a pilot project of the New York State Department of Transportation. It is designed to identify and protect scenic vistas from public byways, thereby helping to preserve community character. Agricultural Land Preservation Program Since the 1970's, County and Town purchases of development rights from farmland have resulted in the preservation of nearly 2000 acres of agricultural land from development. Both programs continue to purchase development rights from landowners wishing to sell those rights. Open Space Preservation Program The Town has worked to leverage its own funds through federal, state and foundation grants to purchase a number of properties throughout the Town, many on the waterfront. Some of these properties have been developed into full-fledged recreational facilities. Others, such as Fort Corchaug at Downs Farm Preserve, are going to be carefully managed so as to protect key resources. Town of Southold CPPP Page 18 Recreational Facilities Planning and Maintenance The process of planning and maintaining recreational facilities has identified the need for additional facilities and properties. Ground Water Protection and DrinMng Water Supply Management The Town has contracted with the Suflblk County Department of Planning to help draft a strategy to protect the quality of the water supply and to deal with public water supply issues. Scheduled for completion in late 1998, this report will address issues of concern to the Town and the Suftblk County Water Authority. Watershed/Surface Water Protection Program For more than a decade the Town has worked to reduce the introduction of stormwater- borne pollutants into its creeks and bays. In recent years, the scale of these projects has increased as Town resources were augmented by federal and state grants. Most of the trouble spots have been identified and prioritized. Resource Protection /Enhancement Program The Town's clam seeding program has been an ongoing success. Projects are continually undertaken with federal, state and university research assistance. Projects are defined on an ongoing basis depending on the results of research and the success of previous projects. Habitat Maintenance and Restoration Program Projects undertaken typically reflect recommendations of Long Island Sound Study and Peconic Estuary Program insofar as targeting critical areas in need of protection. Coastal Erosion Study and Mitigation Plan This Study covers the Long Island Sound shorefront from Mattituck to Horton's Point in Southold. The shoreline is being monitored to assess the impact of existing erosion control structures on persistent erosion problems. Local Waterfront Revitalization Program Harbor Management Program The Town is in the process of completing a draft of this program which incorporates the entire township. A Harbor Management Program will be incorporated into the final program. The Village of Greenport has its own program which was adopted in 1988 and amended in 1996. In 1998, the Village also completed a Harbor Management Plan which made specific recommendations geared to the preservation and protection of key harbor resources, particularly compatible redevelopment of vacant or under-utilized waterfront properties. Town of Southold CPPP Page 19 APPENDIX C. A Case Study: Fort Corchaug at Downs Farm Preserve Town of Southold CPPP Page 20 FULL DEVELOPMENT - CLUSTERED ALTERNATIVE DEVELOPMENT PLAN Young & Young INDIAN SHORES 'T' BASE MAP o 2 ~ % ! ! Downs Farm P'~sorve ENVIRONMENTAL CONDITIONS MAP o ~ 51.00 · acres "Fort Corch~u~"~, Downs Faun Preserve CONSERVATION OPPORTUNI'i'lnS PLAN Town of Southold Community Preservation Project Plan August/September 2008 Update Green Indicates Parcel A~ready Protected'* *Protected = Town/County/State Owned, Town/County Development Rights, Pecenic Land Trust, Nature Conservancy, Subdivision Open Space, Park Subdivision, Schools, Cemeteries, Park Districts Special Note: Owners of properties listed in the Community Preservation Project Plan are not obligated in any way to sell their property or otherwise participate in the plan. However, onty those properties listed in this Plan will be eligible. Participation is 100% voluntary. Map Prepared by Town of Southold Geographic Information System August 27, 2008 Suffolk County Rea{ Property Tax Service Agency GIS Basemap COPYRIGHT 2008, County of Saffolk, N,Y. Plum Island Fishers Island