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HomeMy WebLinkAboutTDR Planning report to Town Board Contract #C059933TOWN OF SOUTIIOLD TRANSFER OF DEVELOPMENT RIGHTS PROGRAM PLANNING REPORT TO THE TOWN BOARD JUNE 25, 2007 1.0 Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board CONTENTS EXECUTIVE SUMMARY INTRODUCTION 2.0 PROGRAM FOUNDATION PAGE 5 2.1 Components of a Successful TDR Program 2.2 Public Need 2.3 Town Objectives 2.4 Background and History of Town TDR and Related Programs 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS 7 7 10 10 11 4.0 PROGRAM ELEMENTS 13 5.0 4.1 Sending Zones 4.2 Receiving Zones 4.3 Interrelationship of Land Preservation Programs and Tools 4.4 Density Limitations in the Receiving Zones 4.5 Program Mechanics Summary 14 14 18 21 23 28 CONCLUSION 31 Town of Southold TDR Program Planning Report ATTACHMENTS Attachment A Attachment B-1 Attachment B-2 Attachment B-3 Attachment C Attachment D Attachment E Attachment F Attachment G Comprehensive Implementation Strategy Background Sending Area Map List of Sending Zone Parcels Receiving Area Maps and Potential PDD Parcels Sample R-20 Local Law Land Preservation Flow Chart SCDHS General Guidance Memorandum #17 SCDHS Design Flow Factors Hamlet Development Model Table 3-1 Table 4-1 Table 4-2 Table 4-3 Tables School Districts and Hamlets Sending Area Credits by School District Potential Receiving Credits Sending Credits vs. Receiving Credits 13 17 26 26 Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft 6-25-07 EXECUTIVE SUMMARY This document provides a TDR Planning Report to the Town Board of the Town of Southold for consideration in pursuing a Transfer of Development Rights program. The report was prepared by Nelson, Pope & Voorhis, LLC (NP&V) in coordination with a team of Town representatives including planning, data processing, land preservation and legal staff. The team sought to prepare a simple, understandable and implementable TDR program for consideration by the Town Board. After seeking input from the Town Board on various aspects of a program, the team endeavored to work through complex issues and consider the TDR program in relation to other land preservation programs and planning goals of the Town. This report outlines the team recommendations for a program, and provides discussion of the rational for these recommendations. The Town Board will ultimately determine the nature of a TDR program, so at this time, this report is intended to provide a basis for discussion, analysis under the State Environmental Quality Review Act (SEQRA) through a Generic Environmental Impact Statement (GEIS) and to assist in identifying alternatives to the recommendations as contained herein. The program outlines the components of a successful TDR program, which includes: 1. Encouraging TDR Sales 2. Selecting Receiving Sites 3. Facilitating the Use of TDRs, and 4. Building Public Support Through further Board consideration, hearings and the ElS process, it is the hope of the team that public support can be garnered for a meaningful TDR program. This program is voluntary, and represents an additional tool which the Town can use for preservation with corresponding shift in density to appropriate locations. In addition, the program contemplates that one sending credit will equal one development unit in a receiving area. The program considers farmland as a primary candidate for sending areas. This is because farmland has residual value after transfer of development rights, allowing such land to remain in productive use to the benefit of the owner. In addition, wooded areas, environmentally sensitive areas and other forms of open space are prime candidates for the use of outright fee title acquisition, as these lands must be managed and maintained for passive open space and/or recreation. Since the use of TDR to preserve some farmland does not require expenditure of public funds, it allows the dollars allocated for Purchase of Development Rights (PDR) and fee title acquisition to be leveraged more effectively for farmland and open space preservation. Town of Southold TDR Program Planning Report The Town conducted the Hamlet Study in 2005, and has recently taken initiatives to establish Hamlet Locus (HALO) boundaries for the purpose of identifying those areas of the Town which represent hamlet centers. Through many past planning studies, the hamlet centers have been thought of as areas where additional properly planned development could be sustained in a manner that promotes good planning. This TDR Planning Study reinforces this planning concept by identifying the HALO's as receiving areas for the purpose of shifting density from farmland to the hamlet centers. The form that development takes within the HALO areas is a critical aspect of designing the TDR program. For the purpose of this program, it was determined that a simple and easy way to implement the initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. Zoning districts within the hamlets which are identified for receiving TDR credits include the B, HB, LB, RO, AHD, HD, R-40, R-80 and A-C zones. Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take includes the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand the type of development that would result in the HALO's as a result of the TDR program. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. Consideration was also given to Suffolk County Department of Health Services (SCDHS) density requirements. In 2006 a team was formed through the Town's Planning and Zoning Committee to create a Hamlet Development Model that would determine the potential TDR credits that could be placed in the HALO's based on a 20,000 square foot (SF) lot size. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO area. For the purpose of this study, and consistent with the Hamlet Development Model meetings that were conducted in 2006, it is ~l~ Page 2 Town of Southold TDR Program Planning Report recormmended that several additional factors related to potential over-development be considered. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. In comparing the number of available sending credits, to the number of potential receiving credits, it is evident that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR' s, in connection with creative, flexible and compatible development projects. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. Page 3 Town of Southold TDR Program Planning Report · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model. In conclusion, the TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs and tools listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision · Standard Subdivision This TDR Planning Report is a draft report prepared by NP&V in coordination with Town professionals that will assist in implementing the program on an ongoing basis. This report is submitted to the Town Board for the purpose of identifying a simple and effective TDR program which considers the unique aspects of the Town of Southold, ensures compliance with SCDHS density requirements, and factors in other related programs to ensure program compatibility to achieve the planning and preservation goals of the Town. It is requested that the Town Board receive this report for the purpose of conducting the SEQRA process through preparation of a GELS. This will ensure that the potential environmental impacts of the program are addressed, and will provide a forum for public input and consensus building. Page 4 Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft 6-25-07 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Development Rights (TDR) Program for the purpose of enhancing the range of tools available for land preservation and to provide incentives for appropriate growth in the hamlets. The Town Board of the Town of Southold is pro-actively involved in advancing this initiative. As a means of defining a program that recognizes the complexities of a TDR program in Southold, the Town Board retained an environmental planning consulting firm to coordinate efforts with a team of Town representatives. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the prior Generic Environmental impact Statement (SGEIS) for the Southold Comprehensive Implementation Strategy (CIS)] and to facilitate drafting of a proposed Local Law to implement the Program. The program contained herein provides recommendations only, based on the judgment of the team members. The team was designed to include Town representatives who recognize and appreciate the inter-relationships among land preservation programs, data management, smart growth planning principles, and the planning and legal process, and would be expected to continue in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed relative to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, final decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. Team participants are listed as follows: Mark Terry, Town Principal Planner and Project Manager John Sepenoski, Town Data Processing Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Town Land Preservation Coordinator Leslie Weisman, Member Southold Town ZBA & Chair of Southold Hamlet Stakeholder Committee Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC (NP&V), consultant to the Town, were used in the preparation of this study. This report constitutes the study's findings and team recommendations resulting from these efforts. I ~- Page 5 Town of Southold TDR Program Planning Report The purpose of this report is to define the elements of a Town of Southold TDR Program. It should be noted that, through the TDR Program, the Town seeks to provide an additional mechanism for the preservation of farmland, without expenditure of public funds. At present, the Town has successful farmland and open space preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. In addition, the Conservation Subdivision program provides a means to reduce density and maximize open space preservation. The Town seeks to continue these programs, but seeks to provide a means to expand programs which provide for land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance between preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Once the Town Board approves this document for the purpose of commencing review under the State Environmental Quality Review Act (SEQRA), a Draft Supplement to the Generic Environmental Impact Statement for the Town of Southold Comprehensive Implementation Strategy will be prepared. This will provide an opportunity for further review by the Town Board, the public and involved agencies. Issues which warrant study of alternatives to the program or elements of the program can be identified and examined in the Alternatives section of the DSGEIS. The DSGEIS will be the subject of a public hearing and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. The Final SGEIS may support the TDR program, or changes to the program may occur if necessary to adequately respond to comments. After completion of a FSGEIS, a I O-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. ~l~l~s Page 6 Town of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through sound land use planning. Since early 2005, the Town Board has had a limited TDR ordinance (Chapter 117), to use as an additional tool in achieving affordable housing goals in tandem with land preservation efforts. The TDR mechanism was recommended for widespread use in the Town C1S of 2003 and the Town Hamlet Study of 2005. Additional insight regarding the existing Town TDR law and the prior findings of the Town CIS are contained in subsections of Section 2.0. I! is noteworthy that the Town CIS included TDR as an implementation mechanism number 12, and the CIS was the subject of a Generic Environmental Impact Statement. The Findings of the CIS recognized TDR as a valuable land preservation/density relocation mechanism subject to further definition of the program. This TDR Program Planning Report and any subsequent SEQRA review builds upon the prior Town CIS recognition of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use of a land use tool whereby sites in established rural areas of the Town ("sending areas"), would shift density to target hamlet parcels within the respective hamlet HALO zones where appropriate infrastructure, infill potential, reuse potential, public services and/or lack of environmental constraints are present ("receiving areas"). The following sections present additional information on the TDR concept, the Town's need for such a program, the Town-wide objectives of preservation, and the history of the Town's efforts to preserve land through TDR. 2.1 Components of Successful TDR Programs Transfer of Development Rights is defined in the New York State Town Law as "...the process by which development rights are transferred from one lot, parcel, or area of land in a sending district to another lot, parcel, or area of land in one or more receiving districts." This planning tool is used to protect land where development is not desired by shifting density to more appropriate areas. TDR is a well-established, progressive land use tool that has been utilized nationwide in order to preserve one or more significant environmental characteristics of land areas for the benefit of an entire community, while at the same time protecting the value of landowners' property by enabling the development potential of that land to be realized elsewhere in the community, in a location more appropriate for development. A TDR program permits the transfer of density, which would retain landowners' equity in their land. Transferred development credits can be marketed privately or supported through municipal measures to facilitate the program. The Town can determine in advance how transferred credits or density may be used. For instance, transferred credits can be targeted for use as residential units in hamlet areas where density and planned growth is appropriate and sustainable. In order ~ ~l~l~o~~ Page7 Town of Southold TDR Program Planning Repor! for a TDR program to work, the Town must identify sending and receiving areas for reduction and corresponding increase in development. A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups and other stakeholders. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program. Southold Town has already implemented some of these recommendations which will be reviewed in the next section of this report: 1. Encouraging TDR Sales Successful TDR programs encourage TDR sales by reducing the development potential of the sending sites through zoning incentives, favorable alternatives to development, restrictions, environmental regulations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. Just as sending site owners need to be encouraged to sell their development tights, receiving site developers must be motivated to buy TDRs. Developers will only buy TDRs if they can make a greater profit from a project that uses TDRs. A most important concept is that there must be sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. 2. Selecting Receiving Sites One approach is for the community to consider designating village or hamlet areas where more concentrated development will be encouraged. TDRs can then be used to obtain the higher densities that are possible in these select areas. 3. Facilitating Use qf TDRs After appropriate stakeholder involvement and adoption of appropriate legislation subject to public disclosure, hearings and review processes, most communities approve TDRs administratively, without public heatings or discretionary decisions. This approach can increase the use of TDRs since it gives developers greater certainty over the cost, timing, and approval of their projects. Many communities also facilitate transfers by treating TDRs as a commodity, available for sale to anyone at any time. In addition, some programs feature a "TDR bank" which serves as a buyer and seller of TDRs when private transactions become too time consuming. Finally, the most successful TDR programs provide ongoing information to the general public, as well as staff support and instructional materials to assist TDR buyers and sellers. 4. Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehensive planning efforts are important in developing TDR programs. In the context of a comprehensive plan, Page 8 Town of Southold TDR Program Planning Report the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (i.e., the sending areas). Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential must be carefully considered by each jurisdiction contemplating TDR so that transferred density reduces impacts through reduced unit size and appropriate siting to ensure sustainable development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental factors such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that, given water resource limitations, receiving area constraints and a unique real estate market, a density neutral transfer may have a high probability of success. This will be examined further in this report and the Supplemental GEIS for the Town of Southold TDR program. It is noted that the Town of Southold has made great progress in considering the key elements of a successful TDR program. The following steps have been taken to date, that will facilitate a successful program in the Town of Southold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the rural areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built community support by assembling stakeholders and conducting the 2005 Hamlet Study to determine the desires and concerns of local residents and identify hamlet centers and surrounding HALO boundaries (receiving sites), resulting in direction on a community-by- community basis to build community support. · The Town and the Suffolk County Water Authority have sought to manage limited groundwater resources, in a manner that locates water supply infrastructure in already developed areas to serve existing populations, as well as to serve water quality impaired areas. This necessitates reduced expansion of water supply to mral areas, in order to maintain a balance of growth potential due to limited water resources, aquifer management and public health safety in coordination. Initiatives include the Water Supply Management & Water Protection Strategy, and adoption of an official Water Map (of water supply extension areas) in 2000 and amended in 2007. ~l~[ ~- Page O Town of Southold TDR Program Planning Report The challenges that lie ahead include the following: · Defining sending and receiving sites, particularly in view of the myriad of preservation programs currently in use, and the desire to continue a policy of density reduction through purchase of development fights. · Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. · Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. · Ensuring a margin of program success in consideration of the Suffolk County Department of Health Services (SCDHS) policy on density transfer. The remainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the Board's ability to preserve land while promoting sustainable hamlet development. 2.3 Town Objectives The overall program is intended to encourage development in appropriate areas and protect lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where such development can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. · The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. · The Town Board acknowledges that agricultural and other rural lands are a significant resoume in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, rural atmosphere. · As a result of the Town's efforts, a number of mechanisms are being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. Page 10 Town of Southold TDR Program Planning Report The proposed TDR program is expected to provide the following public benefits: · Protect critical resources associated with sending parcels including rural character, farm and agricultural land use to promote land preservation and environmental protection. · Provide an increase in the amount of diverse housing stock for a variety of income levels. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use areas. · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, managing limited resources, facilitating appropriate infrastructure in hamlet areas and promoting appropriate development consistent with good design and planning principles. 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rate and pattern of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of HALO areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply SCDHS sanitary density restrictions and ensuring that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic ElS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also I~ Page 11 Town of Southold TDR Program Planning Report addressed. The 2003 report was a broad-based planning study and implementation of many of the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Attachment A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, studied in the Generic EIS and is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Attachment A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 qf resources; preservation and promotion of a broad range of housing and business opportunities to support a socioeconomically 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 sanimry 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of development rights, capture the sanitary development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which development rights are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into a Town Community Preservation Fund, for the purchase of additional lands or development rights, in accordance with the Town land preservation goals noted above. It is important to note that, as pan of this legislation, the Town Board designated all lands in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for Page 12? Town of Southold TDR Program Planning Report transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. Overall, the program involves establishing "sending areas" which would enable a landowner to obtain TDR credits for land to be preserved through density transfer. Receiving zones would be established in designated Hamlet HALO areas; these would represent locations where TDR credits would be redeemed at a density that would not otherwise be permitted without the credit redemption. It is contemplated that sending and receiving areas would be within the same school district and that the program would be voluntary.. The Town Hamlet Study of 2005 provided a basis for defining the hamlets business centers and HALO zones. The Study, which involved participation of stakeholders from each hamlet, also allowed residents and business owners to identify and promote features that contribute to the unique identity of their communities and make recommendations for future improvements and growth. For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Mattituck Union Free School District Mattituck and Cutcho~ue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southold Union Free School District Southold and Peconic; New Suffolk (8-12) Greenport Union Free School District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greenport (9-12) In 2006, the Town's Planning and Zoning Committee appointed a TDR Work Group, whose members also belong to this TDR Team. The group's task was to create a Hamlet Development Page 13 Town of Southold TDR Program Planning Report Model designed to study the feasibility of establishing a Town wide TDR program that would provide the Town with another land use tool for desirable farmland preservation without creating undesirable over development within the hamlets. The work group held meetings with each of the hamlet stakeholder committees during mid to late 2006, to explain the model, review the potential impacts on preservation and development in their respective hamlets, and obtain feedback. Based upon projected Town wide numbers, the work group's study concluded that a TDR program was feasible and that stakeholders recognized the benefits that would accrue to the Town through the transfer of density. These results were presented to the Town Board. The original Hamlet Development Model was based on the 2005 earlier geography of the hamlet HALO boundaries, but has been updated in this report (see section 4.4 for further discussion). Based on the TDR Work Group, Town Board, and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an alternative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential units, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone can be considered on a case-by-case basis. · Each hamlet will retain open space, with a goal of 30 percent within hamlets, devoted to both public use and visually open public and private space. At this time, the Town has formally adopted the HALO boundaries for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the HALO areas and the program components noted above provides a basis for further efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. 4.0 Program Elements 4.1 Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. Page 14 Town of Southold TDR Program Planning Report The general concept is to specify areas where new residential development is to be discouraged. For Southold Town, areas outside of the hamlets are being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary and has been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far Southold has been successful in using land transfer tax monies and bonds for this purpose. Additional preservation tools are needed to leverage public funds with private investment, which would increase land preservation in the sending areas, with managed density increases in the receiving areas. The Town and County also use outright purchase of fee title lands, and has found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lands. This understanding helps to target the application of a TDR program and identification of sending areas. Definition of Sending Areas Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past and contains suitable prime farm soils. Given the allowable density of I dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered on ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that Town goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be fertilized through farming or golf course use. In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process began by eliminating the following: · Land in hamlet and HALO areas · Business zoned land not subdividable (single and separate lots of less than the minimum zoning acreage) and residential zoned land of twice the minimum zoning 1o! size requirement) · Unbuildable land (wetlands, dune, beach, surface water) · Existing community facilities (lands in public ownership, used for public purpose and certain non-public lands (churches, utilities, etc.) · Land currently protected through prior PDR, acquisition or conservation subdivision Town of Southold TDR Program Planning Report The remaining land area included all buildable, subdividable, unprotected, non-community facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas. It was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential from non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in more detail in Section 4.4. An additional discussion centered around how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS inventory observed to be actively farmed has been created. This however does not constitute an official map and involves subjective determination of land use status. The team felt it was necessary to seek a more objective inventory and as a result considered the Town database which records existing Agricultural District parcels and parcels with individual commitment status. This inventory was found to already have controls in place to objectively determine whether a parcel is actively farmed. The inventory is in G1S and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Agricultural District parcel inventory and lands which are the subject of an individual commitment were believed to be the most appropriate method of designating farm status for sending parcels. It should be noted that parcels can apply for Agricultural District and individual commitment status, as long as they meet the parameters for such designation. As a result, the sending area will be updated periodically as parcels are accepted or removed to or from the Agricultural District or individual commitment status. The Town may wish to consider adopting a revised sending area map every three (3) years based on the updated inventory. Consideration of TDR off All and/or Part of a Parcel Extensive discussion was held regarding whether transfer of only part of the development rights from a given parcel was appropriate. A major concern was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to preservation goals. In addition, the logistics of identifying what part of a parcel the rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it was concluded that for the initial program partial transfer would not be recommended except to allow an owner to of course to maintain any existing use plus one additional credit to be subtracted from the parcel yield to be used in the future subject to subdivision filing. In addition, at the time of preparation of this TDR Planning Study, the Town Town of Southold TDR Program Planning Report is also considering an Agricultural PDD (AgPDD). If the AgPDD were created in a form similar to it's current draft, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. Recommended Criteria for Sending Areas As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels which meet all of the following criteria: · Land not in a designated HALO or hamlet; · Land recorded in Town GIS as being greater than 7 acres in size; · Land not in Town GIS database as community facility lands; · Land not in Town GIS database as including wetlands (greater than 90 percent), dune, beach and/or surface water; · Land not in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database as having an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds, which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mattituck Union Free School DistriCt 1,907 1036 New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 825 448 Greenport Union Free School District 8 4 Oysterponds Union Free School District 235 112 Notes: Mattituck UFSD includes Mattituck and Cutchogae HALO's. Southold UFSD includes Peconic and Southold H^LO's. Oysterponds UFSD includes East Marion and Orienl HALO's. See Table 3-1 for grade level transfers between school districts. Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80: and 4.60 for R-200 This yield factor is consistent with the forraula used by the Town for yield of conservation subdivisions. Page 17 Town of Southold TDR Program Planning Report Sending zone parcels are mapped and included in Appendix B-1. A list of parcels designating the proposed sending zone is included in Attachment B-2; this list includes parcel tax number, zoning and size. 4.2 Receiving Zones Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The unique configuration and historical origin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO Study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: · B-business · HB-hamlet business · LB-limited business · RO-residence office · AHD-affordable housing district · HD-hamlet density · R40 residential · R-80 residential · A-C agriculture-conservation For the purpose of this program, it was determined that a simple and easy way to implement the initial program would involve only redemption of credits for the purpose of creating residential ~rl ~,~ Page 18 Town of Southold TDR Program Planning Report dwelling units, not for increase in commercial density. As a result, use of credits in the L1 district (which exists in some hamlets) would not be possible. Increased commercial density through TDR could be considered in the future, and will be explored as an alternative in the GEIS. Each of the other districts including B, HB, LB, RO, AHD, HD, R-40, R-80 and A-C , all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself, and should not be burdened with purchase of credits that could potentially increase building costs and cost of units and thereby defeat the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board continues to consider changes of zone to AHD where appropriate based on sound planning principles and community needs and the merits of placing this zoning on a given parcel of land. This leaves lands within the HALO zoned B, LB, RO, HD, R-40, R-80 andA-C as potential receiving zones, plus potential future use of a PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Recommended Receiving Zones which are coincident with the HALO boundaries are mapped in Attachment B- 1. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes Town of Southold TDR Program Planning Report · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District The following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes - The intent is to permit transfer of credits to develop single family homes in areas where additional density can be accommodated. The mechanics of how this can occur are described below: · Existing zones which are recommended for or permit single family residential uses include the B, HB, RO, R-40, R-80, A-C, R-200 zones. · Additional single family residential homes would be allowed in the zoning district through further subdivision under guidelines noted herein. · The TDR code would be used to permit such development by subdivision application to the Planning Board. a The recommended minimum permitted lot size would be 20,000 SF to ensure consistency with SCDHS Article 6, and not over-intensify development. · The Town may wish to consider creation of an R-20 zone to establish dimensional requirements for 20,000 SF lot size which does not currently exist. A sample Local Law for R-20 zoning is included in Attachment C. Two-Family Homes - The intent is to permit transfer of credits to develop two-family homes in appropriate areas, by the methods noted below: · Existing zones which are recommended for or permit two-family homes include the R- 40, R-80, A-C zones. · Two-family homes would be permitted in these zoning districts by allowing one, two- family structure per lot. · The establishment of a two-family dwelling would be allowed in the zoning district through further subdivision under the guidelines noted herein. · The TDR code would be used to permit such development by site plan/subdivision application to the Planning Board. · The recommended minimum permitted lot size would be 20,000 SF in the R-40 and 40,000 SF in the R-80 and A-C zones to ensure consistency with SCDHS Article 6, and not over-intensify development. · Consideration could be given to requiring dimensional requirements pursuant to 1.25 times the underlying zone to provide a larger lot to accommodate the two-family dwelling. Multiple Family Dwellings - Multiple family dwellings could be constructed in appropriate areas using transfer of credit through the measures noted below: · New multiple family dwellings would be allowed on appropriate pamels through application for a change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · The Town Board would determine the appropriateness and location of such uses based on change of zone review which would require use of TDR's. Page 20 Town of Southold TDR Program Planning Report The recommended dimensional requirements would be the same as for the existing HD/HB zones. Detached Accessory. Dwelling Units - A new provision is recommended which would allow an existing residence or principal use to add an additional residence to an existing lot. This is not currently provided for in Town Code. Recommendations are included below: · This new form of dwelling unit is recommended for consideration in the R-40, R-80 andA-C zones, through a Zoning Board of Appeals (ZBA) special permit. · The recommended minimum permitted lot size would be 40,000 SF. Planned Development District - PDD is an important tool that was recognized in the Town of Southold CIS. PDD's are provided for under NYS Town Law dealing with incentive zoning. A PDD is a change of zone, typically to a more intense use than permitted by the under(ving zoning; however, any increase in density must be offset by public benefits which would be provided to the community. Projects may include mixed uses, and project sites typically require larger size for appropriate setbacks, land use compatibility and potential location of sewage treatment facilities. Redemption of TDR credits wouM be an appropriate public benefit, or other benefits which enhance land use in the HALO's could also be considered. Recommendations are provided below: · This TDR Planning Study encourages the adoption of a PDD local law. The PDD would apply to HALO's through change of zone review at the discretion of the Town Board. · Larger Jots are typically more appropriate, therefore identification of lots of 5 acres and greater should be performed to identify potential PDD candidate sites.The Town should seek mixed use development with public benefits. · A major public benefit would be redemption of TDRs and potentially providing sewage treatment facilities which could accommodate additional flow from off-site parcels, provided this conforms with hamlet character and Town goals. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. 4.3 Interrelationship of Land Preservation Programs and Tools The TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs and tools listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision · Standard Subdivision Town of Southold TDR Program Planning Report Fee title land purchase and PDR are both methods which involve total density reduction of the parcel based on its potential yield. Conservation subdivision is a partial density reduction technique which results in preservation of a portion of a property, combined with reduction in density. The Conservation Subdivision local law provides options which preserve 80 percent with a 60 percent reduction in density, or preserve 75 percent with a 75 percent density reduction. This in effect is a creative land use technique that involves a combination of clustering and yield reduction through voluntary yield loss, PDR or other creative tax incentive and owner benefit programs through the assistance of Peconic Land Trust (PLT) and/or other land preservation groups. A standard subdivision typically results in no yield reduction, but must retain at least 60 percent of a property in open space.; In designing the TDR program, strong consideration was given to the interrelationship of these programs. There is a desire to not compete with successful programs that achieve Town goals. There is an awareness that agricultural land has residual value in farming, after the purchase or transfer of development rights, whereas woodland and non-agricultural areas do not have residential value, except as open space. The Town has primarily directed the PDR program toward agricultural lands, and utilized fee title land purchase more for open space preservation. Once the land is owned, management of open space for passive public recreational use (i.e. hiking, birdwatching, etc.) provides public benefit beyond just maintaining rural character of open space which is achieved in farmland preservation where the land continues in agricultural production. These factors compelled the team to consider agricultural lands as target locations for the use of TDR to supplement the Town PDR program. This 'allows public funds to be leveraged in a manner that private purchase of development rights frees up funds for continuance of the PDR program to preserve farmland as well as for acquisition of open space. Directing the TDR program toward the larger agricultural parcels ensures several additional important considerations. As noted in Section 4.1, use of TDR from part of an agricultural parcel could provide a landowner/developer with revenue to pursue development on the balance of the parcel which would be contrary to overall land preservation goals. The TDR program was also felt to be inappropriate for preservation of smaller open space areas which would remain in private ownership with no potential use or value, which could result in maintenance and nuisance issues. Finally, the simplification of the application of the TDR program was considered knowing the commitment of the Town Board toward creating an effective and implementable program. These factors lead to the identification of land types and target preservation programs as related to Town lands outside of the HALO areas. A flow chart has been prepared in order to understand the interrelationship of these land preservation programs. The chart, included as Attachment D, illustrates the options which landowners have in pursuing either controlled development or total land preservation including TDR. The chart relates to the sending areas and lands outside of the HALO's of the Town and assists in defining the Town goals through various land preservation programs relative to parcel size, location, existing use and special district designations. Page 22 Town of Southold TDR Program Planning Report 4.4 Density Limitations in the Receiving Zones Suffolk County Department of Health Services Density Regulations The number of potential sending area credits is computed and listed by school district in Table 4-1. Given the variety of receiving area options for redemption of credits as outlined in Section 4.2, it is difficult if not impossible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with SCDHS requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, this section documents Article 6 density limitations and establishes a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices relative to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone IV allows a 20,000 SF minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981; any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF, would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to thatlot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density unless permitted under the Town Code Accessory apartment provisions and in conformance with the Article 6 exemption which involves no new sanitary facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occurring after 1981 must conform to the density provisions of Article 6, provide wastewater treatment, or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty subdivisions and site plans. There are several additional aspects of SCDHS implementation of this program which are important to understand. Suffolk County recognizes that consideration can be given to regional compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns establish land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a I~ll ~.,,,~ Page 23 Town of Southold TDR Program Planning Report General Guidance Memorandum 4417 which pertains to agricultural and golf course density (Attachment E). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer. Further, the guidance document establishes a limit for parcels receiving transferred density of twice the density allowed under Article 6. As a result, the HALO areas can not exceed an equivalent of 20,000 SF lots since the minimum lot size required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density from agricultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum lot size would be 10,000 SF. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include provisions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to undergo review by the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and would be a beneficial aspect of this program. This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies, provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program, coupled with Chapter 117 (which permits transfer of Town preserved transfer credits for the purpose of affordable housing) ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen beating waste) and therefore density limitations Page 24 Town of Southold TDR Program Planning Report are based on the nitrogen-bearing component of the flow. The Suffolk County design fiow factors are contained in Attachment F. Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but may be considered as an 'alternative under the SEQRA process which will be conducted for TDR program implementation. 2006 Hamlet Development Model As noted, due to the variety of receiving area options for redemption of credits, it is not possible to determine the actual number of credits that will be used and by whm means they will become established in a receiving area. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. In 2006, at the request of the Town's Planning and Zoning Committee, Town staff, all of whom are also members of this TDR program team, prepared a Southold Hamlet Development Model to explore the feasibility of a TDR program and it's potential impact on hamlets, using Southold as a pilot case study. The goal of the model was, "To create a planning model for Southold Hamlet that will prevent undesirable over-development and protect the hamlet's unique qualities, scale and historic character". The model was discussed with the Southold Hamlet Stakeholders, refined, and then applied to all of Southold Town's hamlets in order to estimate the total number of potential TDR credits and the amount of potential farmland preservation Town wide, and the total potential number of residential units within each hamlet. HALO (receiving sites). Meetings were conducted with each of the hamlet stakeholder committees to discuss the individual hamlet model results and to obtain feedback from these communities. The results were presented to the TownBoard. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. In 2007, the hamlet development model calculations were updated to be consistent with the HALO boundaries finally adopted by the Town Board, and the boundary pending for Greenport as of the date of this report. The Goals, Concept and Methodology associated with the model are contained in Attachment G. In summary, the model calculates the additional density which could be achieved in the HALO areas, based on a hypothetical standard subdivision model of 20,000 SF lots. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO; the results are provided for each school district in Table 4-2. Page 25 Town of Southold TDR Program Planning Report TABLE 4-2 POTENTIAL RECEIVING CREDITS School District Total Potential TDR Can~dits Mattituck UFSD 185 New Suffolk CSD 57 Southold UFSD 302 Greenpon UFSD 0 Oysterponds UFSD 98 Notes: Mattituck UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's, Oysterponds UFSD includes East Marion and Orient HAL()'s. See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- development. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. In review of the pilot model run for Southold, the total number of potential credits gave rise to concern that the use of credits should be monitored and capped at a percentage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS VS. RECEIVING CREDITS Mattituck UFSD 1036 185 56 New Suffolk CSD 0 57 17 Southold UFSD 448 302 91 Greenport UFSD 4 0 0 Oysterponds UFSD 112 98 29 Notes: Mattituck UFSD includes Mattituck and Cutchogue HALO's Southold UFSD includes Peconic and Southold HALO's Oysterponds UFSD includes East Marion and Orient HALO's, See Table 3- I for grade level transfers between school districts. Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, Page 26 Town of Southnid TDR Program Planning Report there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The quantity of existing open space in the HALO's should be reviewed, and for those HALO's where more than 30 percent open space exists, consideration should be given to identifying additional potential TDR redemption strategies. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects. Parcels in excess of 5 acres located within the HALO boundaries would be target parcels for such development, as this size permits adequate buffering and provides sufficient area for potential single or mixed-use projects, and would also provide the potential for location of on-site wastewater treatment facilities such as a Cromoglass m system which can treat up to 15,000 gpd on single and separate parcels in conformance with SCDHS policy and regulations. Parcels of 5 acres or more (according to tax map data) are inventoried as candidate parcels for PDD's; a map of these parcels is provided as Attachment B- 3. HALO and community. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. I~l ~,~ Page 27 Town of Southold TDR Program Planning Report · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALOes provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model. 4.5 Program Mechanics Summary Quality Communities Grant This TDR Program Planning Report has been prepared with funding through a New York State Quality Communities Grant. The grant included a work program that identified the basic requirements to be fulfilled. The language included in the work program of the grant is useful in understanding the intent of the Town TDR program: The quest for controlled growth requires creative planning and foresight. Transfer of development rights is just one tool used in the battle to contain sprawl. TDR is the exchange of zoning privileges from areas with low population needs, such as farmland, to areas of high population needs, such as the Hamlet Centers. These transfers allow for the preservation of open space and historic landmarks, while giving the Hamlet Centers areas a chance to expand and experience continued growth. There are three basic elements to a TDR program: the sending district, the receiving district, and the TDR credits themselves. The grant work program includes eleven ( 11 ) tasks that must be examined in order to fulfill the grant. A review of these tasks will be used for the purpose of providing a program mechanics summary. The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work program tasks under the grant are outlined below, and are followed by an examination of program mechanics in a summary form and based on other sections of this report. Town of Southold TDR Program Planning Report Examination of Grant Tasks 1. How will the TDR Program work? The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where them is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of Southold benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development rights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide retum on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use which strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. 3. How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. 4. How is the value of the TDR's established? The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. 5. ls the program voluntary or mandatory? ~l~J~ Page 29 Town of Southold TDR Program Planning Report The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and will facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The Town will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate its success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would 'all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. 7. How do I participate if I own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. 8. How do I participate if I own land in a Receiving Area? A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? TDR's can be used on receiving area properties for the pu~ose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Additional details are provided in Section 4.2 of this report. 10. Where are the Sending Areas located? Sending areas are outlined in detail in Section 4.1 and mapped in Attachment B-I of this report. 11. Where are the Receiving Areas located? Receiving areas are outlined in detail in Section 4.2 and mapped in Attachment B-I of this report. I~l~ Page 30 Town of Southold TDR Program Planning Report 5.0 CONCLUSION Southold Town has been progressive and successful in planning efforts to preserve farmland and maintain the character and quality of the Town. The Town has considered TDR as a useful tool to help achieve planning goals. The TDR program differs from other preservation programs in that it would not eliminate development potential, but would shift the location of development to appropriate locations in the Town which have been identified through previous studies. The program also differs in that expenditure of public funds is not necessary. The use of TDR credits would therefore preserve farmland and locate an equivalent density to the yield of a parcel in a hamlet area where infrastructure exists. This allows public funds to go farther in achieving total preservation goals through continued use of PDR. This form of development would also achieve a greater level of sustainability since it would promote various forms of residential development (not only single family homes) in areas where residents may live, work or seek recreation using multiple forms of transportation (walking, biking, car pooling, public transportation). This TDR Program Planning Report provides a basis for the Town to move forward with the SEQRA process relating to this action, and to consider public and agency input for additional deliberation by the Town Board in reaching an informed decision on the Town's TDR program. ~ll~ Page 31 Town of Southold TDR Program Planning Report ATTACHMENTS ATTACHMENT A Comprehensive Implementation Strategy Background APPENDIX A TOWN CIS - TDR AND PDD PROGRAM ELEMENTS This Appendix includes excerpts from the Town CIS for the purpose of background and recognition of the importance of TDR and PDD legislation in prior planning studies and to use as a baseline in designing a program at this time. It must be recognized that elements of the program may have changed since the completion of the Town CIS in 2003. The complete TDR Program Planning Report should be reviewed for the current context and recommendations for implementing a TDR program in the Town of Southold at this time. The program must be consistent with Suffolk County Department of Health Services (SCDHS) TDR provisions and must provide an overall community benefit to preserve open space, improve groundwater recharge in sending areas, and promote "smart growth" and other community benefit in receiving areas. Sending areas should be those areas the Town wants to protect such us environmentally sensitive parcels, critical woodlands, and groundwater recharge areas. Receiving areas must be identified in zoning districts where a small incremental increase in density may be permitted without serious environmental or other detrimental impacts; these areas might include the HALO zones. Other receiving opportunities could involve special land use projects that provide mixed-uses or that otherwise advance planning goals of the Town. A TDR program can be designed to work with incentive zoning provisions through a PDD and can be used to promote affordable housing. In any case, a receiving area must have one or more of the following characteristics: · Proximity to hamlet centers; · Lack of environmental sensitivity; · Suitable road access; · Availablepublic water; and · Ability to handle sewage or access to a sewage treatment plant (STP). In Southold, a TDR program will have to assume a number of basic parameters to guide the program and provide consistency with the SCDHS TDR policy, specifically as follows: · Transfers should be generally within the same school district, · Transfers must occur within the same Groundwater Management Zone as defined by the SCDHS, · Density must be determined based on underlying single family residential zoning (by accepted yield factors), with the intent that a formula for providing additional density for less-intensive units (multiple family and senior citizen units) will be established as an incentive to shifting and creating appropriate development in receiving locations, · Sending parcels must be appropriately encumbered through dedication to a public or recognized non-profit entity or covenants restricting future development, and should be registered by an appropriate tracking method through the Town, · Receivingparcels should be within areas serviced bypublic water, · Receiving parcels should not exceed twice the density allowed under the Suffolk County Sanitary Code (SCSC) unless an appropriate form of sewage treatment is available, Receiving parcels should be subject to fertilized area restrictions, clearing restrictions and site plan or subdivision review, Receiving parcels should be subject to further design standards and/or special exception criteria as may be determined through further review and analysis; such standards may include design parameters, development guidelines, buffering, clearing restrictions, fertilized area restrictions, setbacks, inj~astructure installation and measures to improve community compatibility. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic EIS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered and are noted as follows: The Town would benefit from a sound TDR program in a number of ways, noted as follows: · Preservation of open space and watershed recharge areas associated with sending sites. · Ability to redirect growth to areas suitable from such growth considering environmental resources and infrastructure. · Ability to transfer density credits from outside to inside hamlet centers in a manner that promotes creation of affordable housing. · Ability to promote mixed use, multifamily residential use and diverse housing opportunities including affordable housing through density incentives and transfer. · Reduction in the number of development rights and~or fee title purchases that would need to be made to achieve the Towns open space preservation goals. These measures are discussed and are analyzed in more detail below to provide the framework for an effective TDR program. The program would not be expected to result in groundwater impacts, provided it is consistent with the SCDHS TDR Standards, issued September 30, 1995. These standards recognize that groundwater protection needs are served when open space is protected in a sending area, and controlled increase in density is permitted at a receiving site and should therefore be incorporated into a Town TDR program. In general, TDR is an appropriate tool for preservation and open space (and to a lesser extent farmland, due to SCDHS TDR requirements) that envisions shifting density to appropriate areas, thereby providing a means for land protection without the resulting cost of purchasing the development rights. [It is noted that this aspect of the original TDR research is being re-evaluated to determine how TDR can be utilized for farmland preservation since transfer of development rights still allows a farmowner to maintain the residual ownership and farmrights of a parcel. Measures for conforming to the SCDHS TDR policy are considered in the current program as will be defined in subsequent sections of this report.] Receiving areas can include limited density increases in subdivisions located outside of the A-C and R-80 districts in areas referred to as HALO zones, mixed use opportunities in hamlet center areas and, where appropriate, diverse housing opportunities including affordable housing on larger parcels with sewage treatment potential. A PDD local law is also proposed to provide zoning and land use flexibility for well-designed projects that provide special public benefits that could include redemption of transferred development rights. A sound TDR program depends on adequate incentives to ensure program success. The Pine Barrens Preservation Act allowed Towns to adopt Pine Barrens local laws consistent with the pine barrens plan; some Towns elected to provide incentives such that one development right in a sending area, would be credited with 2 multiple family units or 3 planned retirement community units at the receiving location. This is logical since, multiple family units are generally smaller, and therefore have less sewage flow (within certain size limitations), lower solid waste generation, less school-aged children, less traffic trip generation, and generally cause less impact than a single family dwelling. The reduction of impacts is even greater for retirement units. Such receiving site opportunities would be provided by special land use projects that provide mixed-uses or that otherwise advance planning goals of the Town. This forrn of the TDR program wouM be designed to work with incentive zoning provisions through a PDD. In addition, transferred units remove density from those districts where preservation is desired, to those areas where infrastructure is present. As a result, density increases would be expected where bus routes and public transportation opportunities are enhanced, and in hamlet center areas where wa&ability and local services are provided. Very minor density increases may be permitted in areas that are currently experiencing growth in accordance with zoning. Under this portion of the program, receiving areas would be provided in zoning districts where a small incremental increase in density may be permitted without serious environmental or other detrimental impacts; these areas might include the HALO zones. An additional potentially beneficial aspect of the TDR program is the ability of the Town to use acquired parcelsfor redirection of growth to appropriate locations or for appropriate programs which would specifically include providing diverse and affordable housing. NYS Town Law 261-(a) requires that "the town shall evaluate the impact of transfer of development rights upon the potential development of low or moderate income housing lost in the sending districts and gained in receiving districts and shall find either there is approximate equivalence between low and moderate housing units lost in the sending district and gained in the receiving district or that the town has or will take reasonable action to compensate for any negative impact upon the availability or potential development of low or moderate income housing caused by the transfer of development rights." The proposed TDR program has given strong consideration to ensuring that the program will not negatively affect the availability of affordable housing, and in fact provides significant benefit in terms of providing diverse housing opportunities including affordable housing. The 2000 Census data provides relevant information with regard to TDR and affordable housing, including: demographics, income levels, housing characteristics and values. The data clearly indicates a distinct lack of affordable housing throughout the hamlets of SouthoM Town. Based on the cost of homes as noted in the Census and Home Sales data, there are few if any housing affordable housing opportunities, particularly in the environmentally sensitive (as well as scenic and desirable areas of the Town) coinciding with R-80 and some A-C lands that would become the sending locations under this TDR program. In addition, there are virtually no new multifamily unit opportunities in the Town and there is a greater demand for housing than supply. The designation of sending parcels, and identification of receiving site opportunities which include multifamily housing, mixed housing, and smaller unit development, as well as a density incentive for the creation of new housing opportunities at receiving sites, significantly increases the potential for affordable housing in the Town of Southold. Therefore, a Town TDR program would conform to NYS Town Law 261-(a), as it would provide opportunities for affordable housing that currently do not exist, and no affordable housing would be removed by the program. Further, there is little likelihood of developing new affordable units in the sending sites, as the necessary infrastructure is not present or sufficient to service such development, and the locations of sending sites is such that natural resources would have made such development unlikely. Further with regard to affordable housing, the Town is considering the potential to use land acquired subsequent to the completion of the Build-Out analysis, for transfer of development credits for affordable housing. This would involve selling a development credit for each acre of land preserved, to a private development company and/or home~land owner that uses that credit to create a unit or an accessory apartment available for affordable housing in perpetuity. The credits would sell at a reduced rate (perhaps 75% of the average of development rights purchased under PDR) for those projects that conform to the program by providing permanent affordable housing opportunities in appropriate locations. This program has the added benefit of supplementing funding for open space acquisition. As envisioned, this program would work in tandem with the PDD or could be used for accessory apartments or addition of affordable housing to other existing Town zones where density credits are needed and would conform to the SCDHS TDR sanitary flow restrictions. I'Vith regard to TDR, it is noted that wastewater impacts are not expected to be significant, as the predicted concentration of nitrogen in recharge for each zoning district at full build-out indicates that the highest potential concentration was 6.09 mg/l in the R-40 zoning district. Only very limited increases would be permitted in the R-40 district, and only in conformance with SCDHS TDR standards. Other hamlet zoning districts (HD, HB, AHD and others) all were 5 mg/l or less, unless full density is achieved at the maximum allowed by the zoning district (if public water is available). This comes with the added benefit that natural recharge areas would be preserved in sending locations and the overall density would be reduced as the Town achieves success in meeting density reduction goals through voluntary PDR, upzoning or both. As this tool will comply with SCDHS and Town planning initiatives, and site-specific review of any proposal would occur, no significant adverse impacts are expected. The Town CIS also recognized that an additional mechanism involving a Planned Development District local law would also dovetail with the TDR program as a means of providing special public benefits as required under NYS Town Law Section 261-b. The following is excerpted fi.om the CIS for the purpose of background and potential further consideration by the Southold Town Board: Planned Development District (PDD) The Town could implement a PDD Local Law consistent with Incentive Zoning as provided for under NYS Town Law Section 261-b so that, for those hamlet-area properties which are to be developed, a single use or a combination of complementa~ uses could be located on a single site. The PDD law allows a property to be mapped and designated as a PDD, so that all development within it would be planned, distributed and designed as a single unit, with regulations and standards for setbacks, building heights, etc. specifically designated for this zone. The PDD concept includes a requirement for "special public benefits ", which would be provided over and above other requirements that normally apply to the application. Special Public Benefits could include: use of TDR, provision of affordable housing, community facilities, community infrastructure, or other creative incentives. In this way, development would occur on a well-planned basis with minimal opportunity for adverse impacts on infrastructure and services, as public benefits would be accrued to the community and all infrastructure requirements and amenities necessary would be included from the onset of the project. The impact evaluation for the PDD found a valuable tool with minimal impacts expected as documented in the Town CIS Generic Environmental Impact Statement: PDD Legislation The PDD tool provides the potential to provide for development of a higher quality and more imaginative design and amenities, in addition to the "special public benefits" which might not otherwise be achieved. The PDD would be available to private applicants to pursue more creaa've land use applications that provide affordable housing, redemption of transfer credits, or other public benefits. The PDD would also be available to the Town Board to study and/or designate parcels that are appropriate for creative development opportunities. The program is beneficial in providing diversified housing and mixed land use potential, as well as design flexibility. Protection of environmental resources would be achieved through review of the individual site and individual land use proposal for a PDD, which could only occur under the program that establishes standards for locations, .types of uses, and public benefits in connection with such a program. Each proposal would be subject to site/use specific NYS Environmental Quality Review Act (SEQRA) review, to ensure that there is no significant adverse impact on environmental resources and the overall goals of the Town are met. Town of Southold TDR Program Planning Report ATTACHMENT B Sending and Receiving Zone Identification Town of Southold TDR Program Planning Report Attachment B-1 Sending Area Map Town of Southold TDR Program Planning Report Attachment B-2 List of Sending Zone Parcels TDRSendList Listing of parcels within proposed TDR sending area as of 6/13/07 District Tax Map Number District Tax MaN Number 1000 13.-2-8.2 1000 85.-2-16 1000 17.-6-14.2 1000 85.-3-8 1000 18.-3-30.3 1000 86.-1 - 10.9 1000 18.-4-7.1 1000 86.-1-15 1000 18.-6-4.1 1000 94.-3-2 1000 18.-6-5 1000 94.-3-4.1 1000 18.-6-17.3 1000 95.-1-1.1 1000 18.-6-19.3 1000 95.-1-2 1000 19.-1-8.4 1000 95.-1-3.1 1000 20.-3-4.1 1000 95.- 1-7.2 1000 27.-1-2 1000 95.-1-8.3 1000 27.-1-3 1000 95.-4-3.1 1000 27.-4-10.4 1000 95.-4-11 1000 50.-5-1 1000 96 .-2-7 1000 51.-6-3,8 t000 96.-2-10 1000 52 .-5-60.2 1000 96.-3-7.3 1000 54.-3-24.1 1000 96.-3-9 1000 54.-7-21.1 1000 96.-4-4.3 1000 55.-1-5.1 1000 97.-1-1 1000 55 .- 1-9 1000 97 .-2-23 1000 55.-2-10.1 1000 97.-5-2.1 1000 55.-3-6.1 1000 100.-2-3.2 1000 56 .-5-1.3 1000 100.-2-4 1000 59.-3-27 1000 100.-3-12 1000 59.-3-28.5 1000 100.-4-4 1000 59.-10-1 1000 101.-1-4.1 1000 68.-4-18 1000 101 .-1-4.3 1000 69.-4-11 1000 101 .-1-5.2 1000 74.-1-38 1000 101 .- 1-8.2 1000 74.-1-42.7 1000 101 .-1-14.7 1000 74.-4-3.2 1000 101 .-2-3.1 1000 75.-2-8 1000 101 .-2-5 1000 75.-6-6.1 1000 101 .-2-6 1000 75 .-6-11 1000 102.- 1-5.2 1000 75.-7-2 1000 102 .-2-16 1000 75.-7-6.1 1000 102.-4-6.2 1000 83.- 1-32.3 1000 102.-6-20.2 1000 83.-2-16 1000 103.-1-19.3 1000 84.-1-11 1000 103.-1-19.12 1000 84.-1 - 13 1000 106.-9-2.3 1000 84.-1-25.2 1000 107.-10-10.1 1000 84.-2-3.3 1000 108.-2-7.1 1000 85.-1-3 1000 108.-3-1 1000 85.-1-9 1000 108.-3-5.44 1000 85.-1-10 1000 108.-3-6.2 1000 85.-2-7 1000 108.-4-1.1 t000 85.-2-9.2 1000 109.-1-8.7 1000 85.-2-14 1000 109.-1-10.1 1000 85.-2-15 1000 109.-1 - 11 District Tax Map Number 1000 109.-5-23.3 1000 110.-8-2 1000 113.-7-2.5 1000 113.-7-2.6 1000 115.-4-6.6 1000 115.-7-13.2 1000 115.-9-4 1000 115.-10-1 1000 116.-1-10 1000 120.-1-3 1000 120.-1-4 1000 120.-3-2 1000 120.-3-11.8 1000 120.-3-11.9 1000 120.-3-11.10 1000 120.-3-11.11 1000 121.-3-7.4 1000 122.-7-8.8 1000 125.-2-2.2 1000 125.-3-11 1000 127.-1-1 1000 127.-2-2.1 1000 127.-3-7 1000 127.-3-11 1000 127.-3-12 1000 129.-1-1 Page 1 Town of Southold TDR Program Planning Report Attachment B-3 Receiving Area Maps and Potential PDD Parcels Peconic HALO Map Community Facilities Protected Land ~ HALO ~t Hamlet Center HALO Parcels Larger than 5 Builders Acres Mattituck HALO Map Community Facilities Protected Land ~ HALO Hamlet Cent~ HALO Parcels Larger than Southold HALO Map Community Facilities Protected Land ~ HALO Hamlet Center HALO Parcels Larger than 5 Builder's Acres Cutchogue HALO Map Community Facilities Protected Land ~ HALO Hamlet Center HALO Parcels Larger than 5 Builder's Acre~ East Marion HALO Map ~ Community Facilities ~ Protected Land ~ HALO Hamlet Center HALO Parcels Larger than ~ Builder's Acres New Suffolk HALO Map _= Community Facilities I~ Prote~ed Land ~ HALO ~1 Hamlet Center HALO Parcels Larger than s Su~de~ Ac~as Orient HALO Map Community Facilities Protected Land ~ HALO ~ Hamlet Center HALO Parcels Larger than {5 Builder's Acres Town of Southold TDR Program Planning Report ATTACHMENT C Sample R-20 Local Law Town o f Southampton § 330-1 I, Residence Districts Table of Dimensional Regulatlons9 [Amended ~13-1986 by L.L No. 7-1986; ! 0~24-1989 by L.L. No. 22-1989; 1-10-1995 by L.L No. 3.1992; 3.13-2003 by LL No. 41-2003; 6-10-2003 by L.L. No. 47-2003; 10-26-2004 by LL. No. 33-2004; 6-28-2005 by L.L No. 28-2005] Lot m'ea2 NOTES: Town of Southold TDR Program Planning Report ATTACHMENT D Land Preservation Flow Chart Town of Southold TDR Program Planning Report ATTACHMENT E SCDHS General Guidance Memorandum #17 DEPARTMENT OF ~I-~_ALTH SERWCES COUNTY OF SUFFOLK STEVE:LEvY SUFFOEK COUNTY:EXECUTIVE 'BRU~ L. H~RPER, M.D., M.P.H. COMMISSIONER May 13,2002 SUFFO~ COUNTY D~,PARTlVIF2~ OF ~q'~TH SERVICES GEN'~RAL GUID~qCEMEMOI~ll}UM #1r/ AGRICULTURAL AND GOI.~ COURSI~. DF_~SITY AUTBORITY The Suffolk County Sa~ii~y Code sets forth.re4uimments for approval of watex and sewage disposal systems. The statutory authority for these guidelines can be found in Article 6 Section 760,603. PURi~SE A.tticle -6 allows for th~ installation of subsurface sewage :disposal .Systa~ms in :Groundwater Manag~nent Zones (GWMZ) ~I, V, ~nd VI when.the :population density .equivalent is ~ to or less than Ihat of a realty subdivision or development of single ~mi!y residences in which all parcels are.at least ~0,000 sq. i~.. For parcels that ars.outsi~ .of these zones and served by a community wamr supply, the population density equivalent is based Oll'mlnlmllm 20,000 Sq. X°L lOts. Article 6 further defines :a clustered realty subdivision as one which allows a substantial unimproved p-oiMoii of the'trot to ~tld'0p~:anrt ~tn-h~03tt~l: ' -Other :exlngtruetfola ~'oj~'~'t:h~t m:e nol subdivisiolls of 1and such as condominiums, planned retirement communities, and apartments must also comply with Article 6 population dmsity requirements. These requirements ar= .based on a standard subdivision)field map or calculation ofth¢ adjusted gross land area. PROBLEM The process of determining population density equivalent is straightforward when the undeveloped portionis to remain as,rmlmpmved'open space. Covenants and restrictions recorded against.thepropcny allow only ,for property m.int~an~ activities and passive .recreational ~pursuits in the open space. Com ,U o= ena aop=d ponio is p o ea ~,. gotf..c~ars~s,-ballfielcls). ~e~ause :A.~'fi~le ~6 ~lensi~. ~qm~m~is-am ~leangaml to ttm~t-totai-mu'og =onc~a'agons in:grouad~am'~o4 Mg/L in GWMZ I~ V, ...Vt and.:6 Iv!g/Lin:th= ,~u~alning ,zones, it is 'incuml~nt on thc dcparuncm to :disallow lot .vi'cid for.~ch uses. Monitoring well data has shown that ~. ~RLvfm~c~ and ~l~culture caq,:adCl s~rnjiS~_an'~ nitrogen to t]!C ~s shows an average nitmg~ gon¢cnmlfion of approximately 4 Mg/L and dam bom farm t~elds shows that :ni~'me levels from agricultural .practices exceed 6 Mg/L in GUID~CE ~ g,..lidnncc for ~llocating .d~nsity for laar~¢ls wh~r~ :~griomltorc, or :g01f courses or oth~r rooreafional turf arcproposod or'allowed supersedes all,Previous gui&line~sud is as follows: In ~_,::_~, ~,:a~no allowable de,,~i-/~',eo,,~der:as :developable only that:land ·which will NOT be ~sed fo~r ~ieultu~_.~)golf:eourse~r,:other ~-mcremfional .tur~ · If 40 acres.of a 100 acre parcel may be farmed,,or used as a :golf course, ~cn approximately :60 miRs (based,on 1 unit !ocr *acre) would bc :,allowed in Zones HI, ¥, and VI, and approximately 120 units would.be.allowocl lin other zones (base. Cl.:om 2units/gra~ro). This assumes full yicl& Actual yield Would likely be lower bassw:l on cith~r.a:stazxlard 20,000/40,000'sq. ~ .yictd maP or 75% of adjus~ gross land area. · If a vineyard wishes ~o consWuct a 'Winory and "wine tasting" facili~, only that portion et thc ,vineyard not in crops may be used for.calculation of population density equivalent. * For condnmlni~m~ or l~c ~nits in'r~:i~ingled ~ith z goff :course, thc :golf cours~ portion of the ]~ojemt -must :bo saporamd-out ~of ~c '~ar~!~asea. DtmSirf would bo 'bss~d on'~c .romaini:~r of -thc · ~parcel. , For golf courses, clonsity for a~essory uses such as clubbousc or rcstauraut, maybe dorive~l from those areas nut acva~lly used for play .such as.parking, area of buildings and area of any wooded , For pre-mdsting d~Vclopmen~s Wh~re land ~ms b~m s~t aside for agricultural usc or recreational turf, the same rules.apply. H~nco, ~.;pa_v~ially.dev¢lop~d_pasc~l may not.claim rl~ns'_Ry credit for a~ag¢ used for~agdmfltor~ .or roor~afional mrf~.r~gardless of&~asity.allo~on formulas tha~ w~re originally used in thc reView and approval of thc .ini~ dev¢lopm~mt proposals. Issued by: Vim A. Minci, P~E., Dimmer, Division of Environmental Quality May 13,2002 - ~v. July 22, 2002; ~anuary 31, 2003; Town of Southold TDR Program Planning Report ATTACHMENT F SCDHS Design Flow Factors 5-051 ~ ~ ])~ZGN ~ ~1~ eu~-surfa~e sev~ge dJ.s~oeal sys~'.ez~ a~e ~o ~)e c~es:Lgnec~ Bu£1din~ User I Design Flow Sinvle Family Equivalent ~ 300 ~allons/da~ EffLciency Apar~nen=e/Hotel/Motell 100 gallons/day/unit plus food service da a I 10'0 Theate~.5 ..allona. da o.ccu nt Bowl s ace Tennis Courts 100 or servLce Of¸ floor area Ntl~ Public Bars Markets and Wet Stores Ba~h House floor area area floor .area area Town of Southold TDR Program Planning Report ATTACHMENT G Hamlet Development Model HAMLET DEVELOPMENT MODEL TDR PROGRAM FEASIBILITY STUDY FINAL REPORT Mark Terry, Principal Planner John Sepenoski, Data Processing Leslie Weisman, Southold Hamlet Stakeholder Committee Chairperson April 16, 2008 Background and Introduction At a meeting on May 25, 2006 The Planning and Zoning Committee asked the authors of this report to investigate the feasibility of a Transfer of Development Rights (TDR) Program in Southold Town. Using the Hamlet of $outhold as a case study, the team, in collaboration with Land Preservation Coordinator Melissa Spiro, developed a methodology based on two identified goals: 1. the creation of a TDR/planning model for Southold Hamlet that would model the transfer of development dghts from agricultural/open space within the Southold school district - the sending zone- to $outhold's Hamlet center/HALO- the receiving zone, which would also prevent undesirable over-development and protect the hamlet's unique qualities, scale, and histodc character 2. To make the Southold TDR/planning model equitably transferable to other hamlets in Southold Town. The conceptual approach that the team developed and the assumptions upon which the test model was designed are described in the last two pages of this report in a document titled Southold Hamlet Development Model Draft 6 dated 8/24/2006. Based upon these goals and assumptions, numbers were projected to determine the total potential number of TDR credits and preserved acres that could be generated from the sending zones, first in the Hamlet of Southold, then within each hamlet, and finally Town wide. The model was presented to each of the Hamlet Stakeholder Committees (August-September 2006) to discuss its specific application to their hamlet and to obtain their feedback. A Summary Report on a Potential TDR Program in Southold Town (dated October 15, 2006) outlining the preliminary findings and the methodology used to obtain them was distributed and discussed with the Town Board and the Planning Board. The team concluded that: based upon the projected potential numbers, a Town wide TDR program was feasible. However, they cautioned that "impacts will vary substantially from hamlet to hamlet, and so will the method of implementation" and recommended that "these impacts on hamlet development should be carefully considered and monitored by the Planning Department, the Town Board and the Planning Board within the context of hamlet design standards and schematic master plans appropriate to each different hamlet. These plans should be developed with the expertise of planning and other design professionals in consultation with the vadous stakeholder groups." It is important to note here that the projected numerical calculations contained in the Summary Report have been recalculated in this Final Report based on two factors that were anticipated from the outset: First, changes in the stakeholder generated hamlet cented HALO boundary maps that would likely occur upon review and modification, where needed, by the Planning Department, Planning Board, and Town Board prior to formal acceptance by the Town Board. Second, changes that were intentionally made in the methodology used to calculate the numbers based on feedback from each of the Hamlet Stakeholder Committees while testing the Hamlet Development Model. Finally, the Summary Report outlined four "next steps" to be taken in order to implement a TDR program (see the last page of this report). Based upon the team's Summary Report, the Town Board decided to proceed with the creation of a TDR Program and hired planning consultant Charles Voorhis of Pope Nelson &Voorhis to work with the original TDR team, including the Land Preservation Coordinator Melissa Spiro and Town Attorney Patricia Finnegan, Esq. in the preparation of a full scale TDR Planning Report. The resultant Town of Southold TDR Planning Report dated June 25, 2007 was presented to the Town Board and accepted as a basis for the Town to move forward with the required SEQRA process and to consider public and agency input in their deliberation in reaching an informed decision on the Town's TDR program. On April 9, 2008 the TDR Work Group team, led by Charles Voorhis, presented and discussed with members of the Town Board a Draft Generic Environmental Impact Statement for the Town of Southold Transfer of Development Rights Program (DGEIS dated April 2008). This document is currently under consideration and review by the Town Board. This Hamlet Development Model TDR Program Feasibility Study Final Report has been written as a stand alone report and is included in Appendix G in the DGEIS. It includes the final projected numbers for each hamlet that the authors generated based upon the now finalized hamlet center/HALO boundary maps and the final methodology that emerged from meetings with the Hamlet Stakeholder Committees. Final Methodology** 1. Yields of the hamlet HALO areas were calculated using a standard subdivision model at 20,000 sq. ft. or .5 acre density, except for Odent which was calculated at I acre density due to the lack of public water. Streamlined ERSAP requirements were applied removing unbuildable lands as follows: · wetlands · community facilities · existing protected lands · lots less than .5 acre except for Orient which was 1 acre (nonconforming under HALO down zoning) · 15% of the subdividable land for new infrastructure 2. Potential by-right new residential units were calculated under current zoning and the number of existing residential and commercial units was determined based upon the Town Assessor's records 3. The number of existing residential and commercial units on lots that were non-conforming based upon the Hamlet Development Model criteria was determined 4. The number of existing residential and commercial units on non-conforming lots was subtracted from the number of potential by-right new residential units and existing units to calculate the number of potential TDR units at full build out **NOTES: · These numbers reflect existing and potential residential units, and existing commercial properties, but do not include projections for new commercial development that might occur. · The total potential number of by right units is assumed to be residential. When commercial development occurs in the Hamlet, the potential number of market rate housing units will diminish · The HALO areas used in these calculations also include land in the hamlet centers · The half acre and one acre densities are based on SCDHS guidelines without sterilizing farmland Based upon this methodology, the authors recommend the following: All future applications for development within the Hamlets should be evaluated relative to achieving the overall development and preservation goals in this Final Report and the Southold Hamlet Development Model that appears on pages 4 and 5. Each application should be approved, expedited, or denied based upon the Town's tracking and monitoring the status of the caps on TDRs, open space and affordable housing units throughout the 2 Hamlets over time. Each development project can and will vary in scale and character, but total developmentJpreservation goals for the Hamlets should remain the same. When an affordable unit is created through new construction not requiring a TDR (for example through AHD rezoning) and the 10% total target for affordable units is thereby exceeded, then the TDR cap is reduced by the same number of units. When open space is preserved in the HALO and density reduction results, to maintain the target 70 percent development density, the related number of development rights extinguished will be added to the total TDR cap. Final Numerical Summary Hamlet Total number of potential Total number of TDR units Total number of affordable TDR units @ 30% cap units @10% of potential new construction Cutcho~lue 47 14 12 East Marion 73 21 11 Greenport 21 6 8 Mattituck 138 41 22 New Suffolk 57 17 ! 9 Orient 24 7 3 Peconic 142 42 16 Southold 160 48 34 TOTALS 662 196 115 TOTAL number of potential acres preserved in sending zones through TDR at full build out (assuming a 1=1 transfer rate and preservation within the 2 acre zones): TOTAL number of potential acres preserved at 30% cap: 1,218 acres 360 acres Southold Hamlet Development Model Proposal developed by: Mark Terry, Acting Head, Planning Department John Sepenoski, Data Precessing Melissa Spiro, Land Preservation Coordinator Leslie Weisman, Southold Hamlet Stakeholder Committee Chairperson Dreff 6:8/24/2006 GOALS 1. Create a planning model for Southold Hamlet that will prevent undesirable over- development and protect the hamlet's unique qualities, scale, and historic character. Development includes existing residential and commercial structures, new residential and commercial construction, new infrastructure, affordable units, green/open space, and TDR units (transfer of development rights from agricultural/open space within the Southold school district - the sending zone- to Southold's HALO- the receiving zone). 2. Make this planning model equitably transferable to other hamlets in Southold Town. CONCEPT '1. High Density Subdivision Planning This planning model calculates the TDR potential in Southold within the fremework of desireble over-all development. Southold's HALO/Hamlet Center is conceptualized as a ~high density" subdivision in which 70% development and 30% open/green space is preposed as the desireble total build out, as defined above. 2. Growth Control (TDR Cap) To control the growth rete of the HALO build-out the group established a proposed cap on the number of potential TDR units available for transfer into the HALO zone linked to a set time period. The preposed cap is 30% of the total potential TDR units within the receiving zone or 99 units over a 25 year pedod (see below). The time frame is arbitrary; there is no ability to actually forecast the pace of TDR development. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. 3. TDR and Open Space in the HALO When open space is preserved in the HALO and density reduction results, to maintain the target 70 percent development density, the related number of development rights extinguished will be added to the total TDR cap. For example, if the Town purchases for preservation a 20 acre parcel in the HALO zone on which 20 units could have been built by dght, the TDR cap will be increased by 20 potential development units (99 plus 20= a new TDR cap of 119 units). 4. Affordable/Workforce Housing The group recommends that a minimum 10 % of all new residential units created within the HALO and Hamlet Center be affordable/workforce housing. These units would include rentals, new construction, and inclusionary zoning units. Adaptive reuse/renovation of existing structures for affordable units are encouraged, and will be considered over and above the 10 percent recommendation for new construction. The 10% figure would only include applications submitted after the effective start year of the Town's affordable housing legislation. Moreover, it is consistent with Chapter A~106 Subdivision of Land inclusionary affordable housing requirements. Based upon the figures below, 53 units of new construction would be required within the Southold HALO zone and Hamlet Center. ASSUMPTIONS UPON WHICH THIS PROPOSAL HAS BEEN DEVELOPED The TDR program is one unit from sending to one unit in receiving at market rate, assuming that a TDR program is established by the Town The Town Board will continue to consider AHD zone changes as per existing code. AHD zone changes will not require TDR credits but may require sanitary flow credits as per existing code. Any down zoning other than AHD within the Hamlet HALO zone will require TDR. Of the 30% goal of open space preservation in the HALO, two-thirds will be for pubic use and enjoyment (parks, ball fields, trails etc) and the remaining will consist of visually open public and pdvate space. The total potential number of by right units is assumed to be residential. When commercial development occurs in the Hamlet, the potential number of market rate housing units will diminish. Specific design standards will be developed to create "mini-master plans" for each of the hamlets that incorporate the recommendations in the respective Hamlet Stakeholder Committee Reports. The intent is to ensure that any development that does occur will be compatible with the spedfic qualities, scale, character, and uniqueness of each hamlet. PHASE I1: IMPLEMENTATION OF PROPOSAL: Evaluate existing subdivision and zoning codes to determine any necessary changes/legislation NEXT STEPS TOWARD IMPLEMENTATION From the Summary Report on a Potential TDR Program in Southold Town (October 15, 2006) The Summary Report outlined four "next steps" to be taken in order to implement a TDR Program as follows: 1. Determine what constitutes a TDR credit, e.g. 1 TDR credit=l unit of single family or two family residential construction? Commemial construction? etc. Define a commercial TDR component 2. Establish eligibility criteria for TDR credits for properties in both the sending zones and the receiving zones 3. Create PDD (Planned Development District) legislation and connect it to a TDR program to create a market for developers 4. Request that the Suffolk County Health Department and the Town analyze the impact of a sewer system in the hamlets, using Southold and Mattituck Hamlets as case studies. Note: The first three "steps" are fully discussed and evaluated in the DGEIS that is currently before the Town Board, and the fourth "step" is currently in progress. 5 Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board 1.0 2.0 CONTENTS EXECUTIVE SUMMARY INTRODUCTION PROGRAM FOUNDATION 2.1 2.2 2.3 2.4 Components of a Successful TDR Program Public Need Town Objectives Background and History of Town TDR and Related Programs 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS 4.0 PROGRAM ELEMENTS 4.1 4.2 4.3 4.4 4.5 Sending Zones Receiving Zones Interrelationship of Land Preservation Programs and Tools Density Limitations in the Receiving Zones Program Mechanics Summary 5.0 CONCLUSION ATTACHMENTS Attachment A Comprehensive Implementation Strategy Background Page i Attachment B List of Sending Zone Parcels Attachment C Land Preservation Flow Chart Attachment D SCDHS Ge~eral~l'D~ ~'~l~cy~ Guidance M cmo ran du m~e~m~e~ #17 Attachment E SCDHS Design Flow Factors Attachment F Hamlet Development Model Town of Southold TDR Program Planning Report Table 3-1 Table 4-1 Table 4-2 Table 4-3 Tables School Districts and Hamlets Sending Area Credits by School District Potential Receiving Credits Sending Are:~ Credits rs, Rccc~vin~ ('rcd~s~ Figure 4-1 Figure 4-2 Figure 4-3 Sending Zone Parcels Receiving Zone Parcels Potential PDD Parcels Figures Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft 6-13-07 EXECUTIVE SUMMARY To be completed Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft i .-07 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Development Rights (TDR) Program for the purpose of enhancing the range of tools available for land ~reservation~lL}CWll a~ ha !~tct:.~. The Town Board of the Town of Southold is pro-actively involved in advancing this initiative. As a means of defining a program that recognizes the complexities of a TDR program in Southold, the Town Board retained an environmental planning consulting firm to coordinate efforts with a team of Town representatives. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the prior Generic Environmental Impact Statement (SGEIS) for the Southold Comprehensive Implementation Strategy (CIS)] and to facilitate drafting of a proposed Local Law to implement the Program. t~:~s~e*~v~¢~~3v~I~', t~i'~i~i**~-~ll~,2~k~lLt.he-?~%~m The program contained herein provides recommendations only, based on the judgment of the team members. The team was designed to include Town representatives who recognize and appreciate the inter- relationships among land preservation programs, data management, smart growth planning principles, and the planning and legal process, and would be expected to continue in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed relative to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, final decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. Team participants are listed as follows: Mark Terry, Town Principal Planner and Project Manager John Sepenoski, Town Data Processing Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Town Land Preservation Coordinator Leslie Weisman, Member Southold Town ZBA & Chair of Southold Hamlet Stakeholder Committee Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC (NP&V), consultant to the Town of Southold TDR Program Planning Report Town, were used in the preparation of this study. This report ~nstitutes the study's findings and team recommendations resulting from these efforts, o,~5;d,r.x~' The purpose of this ~eportl[LKW31 is to define the }ff~rhents of a Town of Southold TDR Program. It should be noted ~hat, through the TDR Prc/gram, the Town seeks to provide an additional mechanism for the preservation of open spacest, without expenditure of public funds. At present, the Town has successful fa._r?_!and-a~ Crpc,. aVa'CC preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. ~t a~,~'e Conservation Subdivision program provides a means to reduce density and maximize open space preservation,~nd Tev:n P!a.mnin~, ;taft ~nd ~ ' . The Town seek~ ~ntinue these prpgrms, but seeks to provide a meas to expand programs which ~rovide f~ ~ad prese~ation in those areas of the Town which waxant such prese~ation, and to lev~ funds t~ough alternative prese~ation tools that do not require public expendit~es. The proposed TDR program is viewed as a me~s of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance between preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Once the Town Board approves this document for the purpose of commencing review under the State Environmental Quality Review Act (SEQRA), a Draft Supplement to the Generic Environmental Impact Statement for the Town of Southold Comprehensive Implementation Strategy will be prepared. This will provide an opportunity for further review by the Town Board, the public and involved agencies. Issues which warrant study of alternatives to the program or elements of the program can be identified and examined in the Alternatives section of the DSGEIS. The DSGEIS will be the subject of a public hearing and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. The Final SGEIS may support the TDR program, or changes to the program may occur if necessary to adequately respond to comments. After completion of a FSGEIS, a 1 O-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. Town of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through sound land use planning. Since early 2005, the Town Board has had a limited TDR ordinance (Chapter 117), to use as an additional tool in achieving affordable housing goals in tandem with land preservation efforts. The TDR mechanism was recommended for widespread use in the Town CIS of 2003 and the Town Hamlet Locus (HALO) Study of 2005. Additional insight regarding the existing Town TDR law and the prior findings of the Town CIS are contained in subsections of Section 2.0. It is noteworthy that the Town CIS included TDR as an implementation mechanism number 12, and the CIS was the subject of a Generic Environmental Impact Statement. The Findings of the CIS recognized TDR as a valuable land preservation/density relocation mechanism subject to further definition of the program. This TDR Program Planning Report and any subsequent SEQRA review builds upon the prior Town CIS recognition of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use of an land use tool whereby sites in established rural areas of the Town ("sending areas"), would shift density to target hamlet parcels within the respective hamlet HALO zones where appropriate infrastructure, infill potential, reuse potential, public services and/or lack of environmental constraints are present ("receiving areas"). The following sections present additional information on the TDR concept, the Town's need for such a program, the Town-wide objectives of preservation, and the history of the Town's efforts to preserve land through TDR. 2.1 Components of Successful TDR Programs Transfer of Development Rights is defined in the New York State Town Law as "... the process by which development rights are transferred from one lot, parcel, or area of land in a sending district to another lot, parcel, or area of land in one or more receiving districts." This planning tool is used to protect land where development is not desired by shifting density to more appropriate areas. TDR is a well-established, progressive land use tool that has been utilized nationwide in order to preserve one or more significant environmental characteristics of land areas for the benefit of an entire community, while at the same time protecting the value of landowners' property by enabling the development potential of that land to be realized elsewhere in the community, in a location more appropriate for development. A TDR program permits the transfer of density, which would retain landowners' equity in their land. Transferred development credits can be marketed privately or supported through municipal measures to facilitate the program. The Town can determine in advance how transferred credits or density may be used. For instance, transferred credits can be targeted for use as residential units in hamlet areas where density and planned growth is appropriate and sustainable. In order Page 4 Town of Southold TDR Program Planning Report for a TDR program to work, the To~vn must identify sending and receiving areas for reduction and corresponding increase in development. A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups and other stakeholders. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program. Southold Town has already implemented some of these recommendationsm which will be reviewed in the next section of this report: 1. Encouraging TDR Sales Successful TDR programs encourage TDR sales by reducing the development potential of the sending sites through zoning incentives, favorable alternatives to development, restrictions, environmental regulations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. Just as sending site owners need to be encouraged to sell their development rights, receiving site developers must be motivated to buy TDRs. Developers will only buy TDRs if they can make a greater profit from a project that uses TDRs. A most important concept is that there must be sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. 2. ~lecting Receiving Site~ ~/~\ ~ ""') One approach is for the community to consider designating village or hamlet areas where more concentrated development will be encouraged. TDRs can then be used to obtain the higher densities that are possible in these select areas. 3. Facilitating Use of TDRs After appropriate stakeholder involvement and adoption of appropriate legislation subject to public disclosure, hearings and review processes, most communities approve TDRs administratively, without public hearings or discretionary decisions. This approach can increase the use of TDRs since it gives developers greater certainty over the cost, timing, and approval of their projects. Many communities also facilitate transfers by treating TDRs as a commodity, available for sale to anyone at any time. In addition, some programs feature a "TDR bank" which serves as a buyer and seller of TDRs when private transactions become too time consuming. Finally, the most successful TDR programs provide ongoing information to the general public, as well as staff support and instructional materials to assist TDR buyers and sellers. 4. Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehensive planning efforts are important in developing TDR programs. In the context of a comprehensive plan, Town of Southold TDR Program Planning Report the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (i.e., the sending areas). Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential rn!~sl bc t~>pmea~in aeas where infrastructure ~d the l~d use patem is capable of accommodaing gro~h. In Mdition, the unit types realized in a receiving zone may be smaller ~d have less impact ~ if the s~e ~it were developed in the sending area. Finally, it is co--on for only a small number of credits to be locaed at a p~icular receiving site, as there ~e other physical ~d enviro~eaal factors such as p~ng ~d sanitaU capacity to be considered. This is a ~ique consideration in the Town of Southold, ~d it is possible ~a, given water resource limitaions,~ receiving ~ea constraints ad a unique real esta~t~_!.~_i:~j~!~jlk!x~_~gx~j._k{~j_L~tmK~..!~!t~:f4"~ clediis to rccc*~ ing ~rc~ c~cdits3 ~mt~s~[L~ws~ave a high probability of success~This) ~;; i~'~S repo~ and the Sdpplemental GElS for the To~ of SoutholdY TDR progr~. It is noted that the Town of Southold has made great progress in considering the key elements of a successful TDR program. The following steps have been taken to date, that will facilitate a successful program in the Town of Southold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the rural areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built community support by assembling stakeholders and conducting the 2005 Hamlet Study to determine the desires and concerns oflocai residents and identify hamlet centers and surrounding HALO boundaries (receiving sites), resulting in direction on a community-by- community basis to build community support. · The Town has reduced expansion of utilities primarily involving water supply expansion to rural areas, in order to maintain a balance of growth potential due to limited water resources, aquifer management and public health safety in coordination with the Suffolk County Water Authority and several prior initiatives including the Water Supply Management & Water Protection Page 6 Town of Southold TDR Program Planning Report Strategy, and adoption of an official Water Map (of water supply extension areas) in 2000 and 2007. The challenges that lie ahead include the following: Defining sending and receiving sites, particularly in view of the myriad of preservation programs currently in use, and the desire to continue a policy of density reduction through pumhase of development rights. Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. Ensuring a margin of program success in consideration of the Suffolk County Department of Health Services (SCDHS) policy on density transfer. The remainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the Board's ability to preserve land while promoting sustainable hamlet ~levelopmen~lLKW61. 2.3 Town Objectives The overall program is intended to ~[*rr~[s;9~ di~e~&'!i:ni~mapp~3~ia{e<~[~:m~e~l~,~m~r~-lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where such development can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. The Town Board acknowledges that agricultural and other rural lands are a significant resource in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, rural atmosphere. Town of Southold TDR Program Planning Report As a result of the Town's efforts, a number of mechanisms are being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. The proposed TDR program is expected to provide the following public benefits: · Protect critical resources associated with sending parcels including rural character, farm and agricultural land use to promote land preservation and environmental protection. · Provide an increase in the amount of diverse housing stock for a variety of income levels ~ · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use areas. · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, and promotin~ appropriate development consistent w/th good design and planning principles. ,o~ v~x~ 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rate and pattern of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound plarming. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of HALO areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply SCDHS sanitary density restrictions and ensuring that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program wouM have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. Page 8 Town of Southold TDR Program Planning Report The Generic EIS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also addressed. The 2003 report was a broad-based planning study and implementation of many of the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Attachment A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, studied in the Generic EIS and is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Attachment A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 hamlet*' and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion ora broad range of housing and business opportunities to support a socioeconomically 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 appropriale for higher-density residential development. Unless expressly permitted herein, the transfer of development potential may not occur in the Town of Southold The basic purpose of Chapter 117 is to preserve land through Town purchase of development rights, capture the sanitary development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which development rights are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights Town of Southold TDR Program Planning Report are deposited into a Town Community Preservation Fund, for the purchase of additional lands or development rights, in accordance with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lands in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. Dverall!rL}CWTl, the program involves establishing "sending areas" which would enable a landowner to obtain TDR credits for land to be preserved through density transfer. Receiving zones would be established in designated Hamlet HALO areas; these would represent locations where TDR credits would be redeemed at a density that would not otherwise be permitted without the credit redemption. It is contemplated that sending and receiving areas would be within the same school district and that the program would be voluntary.. The Town Hamlet Study of 2005 provided a basis for defining the hamlets business centers and HALO zones. The Study, which involved participation of stakeholders from each hamlet, also allowed residents and business owners to identify and promote features that contribute to the unique identity of their communities and make recommendations for future improvements and growth. For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Sch°Ol DiStrict Hamlet Mattituck-Cutchogue Union Free School District Mattituck and Cutchogue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southold Union Free School District Southold and Peconic; New Suffolk (8-12) Greenport Union Free School District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greenport (9-12) Page 10 Town of Southold TDR Program Planning Report ILKW8] In 2006, the Town's Planning and Zoning Committee appointed a TDR Work Group, whose members also belong to this TDR Team. The group's task was to create a Hamlet Development Model designed to study the feasibility of establishing a Town wide TDR program that would provide the Town with another land use tool for desirable farmland preservation without creating undesirable over development within the hamlets. The work group held meetings with each of the hamlet stakeholder committees during mid to late 2006, to explain the model, review the potential impacts on preservation and development in their respective hamlets, and obtain feedback. Based upon projected Town wide numbers, the work group's study concluded that a TDR program was feasible and that stakeholders recognized the benefits that would accrue to the Town through the transfer of density. These results were presented to the Town Board. The original Hamlet Development Model was based on the 2005 earlier geography of the hamlet HALO boundaries, but has been updated in this report (see section 4.4 for further discussion). Based on the TDR Work Group, Town Board, and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an alternative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential units, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone ca~onsidered on a case-by-case basis. · Each hamlet will retain open space, ~ goal~ 30 percent within hamlets, devoted to both public use and visually open public at~/l~rivate spac~ / At this time, the Town has formally adopte e~Mh~O boundaries for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the HALO areas and the program components noted above provides a basis for further efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. 4.0 Program ~lementsl[LKw91 4.1 Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of Town of Southold TDR Program Planning Report parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. The general concept is to specify areas where new residential development is to be discouraged_ d~tc ~ ag~,i~tdmmt use~ rm,~d~,pa~tom~ ~ha~:ter~ env~mm~emal.s~ms~vi~y and~:o~..lack c,f ~dCasmmmve 4o--s~*~:~ de~e3~[~w~-m,---For Sou~old Town, ~eas outside of the hmlets ~e being tmgeted for prese~ation t~ough PDR. The Town has ~ aggressive and successful progrm ~d is working in conce~ with Suffolk Co~ty gove~ent to actively purchase development rights of f~ p~cels. The progrm is volunt~y ~d has been used by m~y f~ hmilies to receive value for their l~d, which allows them to continue from businesses ~d retain ownership of the underlying l~d. This involves expenditure of public hnds, ~d thus f~ Southold has been successful in using l~d transfer tax monies and bonds for this p~ose. Additional preservation tools ~e needed to leverage public hnds with private investment, which would ~:~7¢~5s~ ~'h[e~4[~e-same result +~f-l~d preservation in the sending ~eas, with m~aged density increases in the receiving ~eas. The Town ~d Co~ty also use outright purchase of fee title l~ds, ~d has fo~d ~is to be most success~l for open space non-f~ed l~d that does not have ~derlying crop or agricult~al value. It is expected that the Town will continue to pursue PDR from f~ p~cels ~d fee title acquisition of woodl~d open space ~d other enviromentally sensitive lands. This ~derstanding helps to t~get the application of a TDR program ~d identification of sending areas. Definition of Sending Areas Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past and contains suitable prime farm soils. Given the allowable density of 1 dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered on ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that Iown ~m~m~goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be fertilized through farming or golf course use.? In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process began by eliminating the fbi]owing; .;m,,4~pc:; that did m~{ ~equirc · Land in hamlet and HALO areas Page 12 Town of Southold TDR Program Planning Report · Business zoned land not subdividable (single and separate lots of less than the minimum zoning acreage) and residential zoned land of twice the minimum zoning lot size requirement) · Unbuildable land (wetlands, dune, beach, surface water) · Existing community facilities (lands in public ownership, used for public purpose and certain non-public lands (churches, utilities, etc.) · Land currently protected through prior PDR, acquisition or conservation subdivision The remaining land area included all buildable, subdividable, unprotected, non-commtmity facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas. It was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential from non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in more detail in Section 4.4. An additional discussion centered around how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS d~ ~ no[ cons[ltUtc an inventory observed to be actively farmed has been created. ]'his ho ot!ficial LB~i2 and iiwolvcs su~gctive determination alK{ cormnitmcnt staltlS. Il*is hwentorv x~as tk)u,~d to ah'eadv have co ~tro s ~ p zee lo ol2jecdvelx determine dlcthet a p~rce[ is activclZ ire'med. inventory is in GIS and is maintained in an up-to-date fashion to ensue that p~cels in ~is district ~e recognized. As a result, ~e Town Agricultural Dis~ict p~cel inventory and l~ds which are the subject of an individual commitment were believed to be the most appropriate method of designating f~ status !}~[ sending parcels. such desicnafion. As a result, thc sending area vdll be updated ~cdodicallv as parcels are Town of Southold TDR Program Planning Report Iov, n may '.,.~ u,h Il:* consldcl adopting ,t re', Is~:d ~,cndmg area Consideration of TDR off All and/or Part of a Parcel Extensive discussion was held regarding whether transfer of only part of the development rights from a given parcel was appropriate. A major concern was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to preservation goals. In addition, the logistics of identifying what part of a parcel the rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it concluded that for the initial program partial transfer would not be recommended; however, if in the future an Agricultural PDD (AgPDD) were created, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. Recommended Criteria for Sendin~ Areas As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels which meet all of the following criteria: · Land not in a designated HALO or hamlet; · Land recorded in Town GIS as being greater than 7 acres in size; · Land not in Town GIS database as community facility lands; · Land not in Town GIS database as including wetlands (greater than 90 percent), dune, beach and/or surface water; · Land not in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town G1S database as having an Agricultural District or Individual Commitment status. It should be noted that these criteria result in ail sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds, which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the c×ac~ sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT School District Page 14 Town of Southold TDR Program Planning Report Mattituck-Cutchogue Union Free School District 1,972 1071 New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 843 458 Greenport Union Free School District 13 7 Oysterponds Union Free School District 252 122 Notes: Mattituck-Cutchogue UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80; and 4.60 for R-200. This yield factor is consistent with the formula used by the Town for yield of conservation subdivisions. Sending zone parcels are mapped in Figure 4-1 [note: all figures are included in a separate section immediately following the text of this report.] A list of parcels designating the proposed sending zone is included in Attachment B; this list includes parcel tax number, zoning and size. 4.2 Receiving Zones Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The unique configuration and historical origin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO Study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: Page 15 Town of Southold TDR Program Planning Report · LI-light industrial · B-business · HB-hamlet business · LB-limited business · RO-residence office · AHD-affordable housing district · HD-hamlet density · R-40 residential · R-80 residential · A-C agriculture-conservation · R-200 residential For the purpose of this program, it was determined that a simple and easy to implement thc initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. As a result, use of credits in the LI district would not be possible. Each of the other districts including B, HB, LB, RO, AHD, HD, R-40, R-80, A-C and R-200, all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself, and should not be burdened with purchase of credits that could potentially increase building costs and cost of units and thereby defeat the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board continues to consider changes of zone to AHD where appropriate based on sound planning principles and community needs and the merits of placing this zoning on a given parcel of land. This leaves lzmds within the IIAI,O zo~cd B, LB, RO, HD, R-40, R-80, A-C and R-200 as potential receiving zones, plus potential future use of a PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Town of Southold TDR Program Planning Report Recommended Receiving Zones which are coincident with the HALO boundaries are mapped in Figure 4-2. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALe's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District The following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes the' ' 's ~ ,~ ' lntt nt i. t( pc }}It trat:sl:k'l of credits to dcvdop sin,dc fhmilv homes be o~' h05v [his~caj~ occur · Existi~t~. zones which arc t..c(mmend~d ibr or .... ~ permit in~}~d~ ~[~SLAppty ~o B, HB, RO, R-40, R-80, A-C, R-200 zones. · Addh~(~[ml 5~[~:g~C I~unil5 rcs d~¢~5~.:~[ [~r~5 ~ould bq 4}}~?y~)~.Alk~w-in ~}~e zoning dis~ict ~ough fu~her subdivision under t,u~del~ncs noted · J_~_U~' TDR code to pe~it such development by s~(~]~S!j)~p~Lapplication to the Plying Bo~d. · t'he recommended mMinimum permitted lot size v, ould ~o-be 20,000 SF m ensure · The Town m ~ cgonsider creation of 4:~(.m20 ?on5 to) establish dimensional 20,000 ~ lot size which does not ~ Two-Family Homes .- 1'!3'4 i!~!~.m: i~ ~0 permit ap.p(:~2[}rt ttc dreas, b~ thc mvthods m ted bek ~. · Existir:?, zones xd~ich s~re recomrnetadcd fbi or permit t,ao-ikm~ilx homes include the App¢-4~-R-40, R-80, A-C zones. · in these zonil~jj?JXic~tA_j2)_?,jj.o~!,jjlg.*M-Ic~v¥-4n structure per lot. · t'he a be alloyccd .~->~=-in [})~.zoning dis~ict t~ough f~ther subdivision under the ~2uldclm~s m igd herein. · .L~!.~ Use TDR code 5S~!4 ke%~4ag~.to pe~it such development by application to the Pla~ing Board. I'he recommended mMinimum pe~i~ed lot size would {o be 20,000 SF in the R-40 ~d 40,000 SF in the R-80 and A-C zones to ct~surc ctmsistvnc~ vith Town of Southold TDR Program Planning Report { o~s ~::19~ cc tLE. b~.~&:~n o:~!:1~ r '~g qDimensional requirements pursuit to 1.25 ~" ~ l~dg~: lot to acc~ mlnodatc the times ~e ~derlying zone ~lLpr~ ~dc a ~ ' ~ Multiple Family Dwellings ;YJ.!!!iit2k ~!l:!f4 122 cg!}strti~li~d.it¢ :~ppropria!,9 a!'c35 ~vzsi&mdM ~onit:~g distric[ ~ough of zone to HD or HB for qualifying lots based on sold plying principles ~d merits of proposal. l't~e Town Board would determine the ap~).~riateness and localion of sucl~ uses tecaies usc based on change of zone r~Ticw which would require use of TDR's. cxistin~ HD/HB zol~es Detached Accessory Dwelling Units:Al3exx pr~vi!4i~ ti s ',:c( m ~c[ ~1-c4!. 5~!lid) would curreutl~ provided lbr in Fox~n Code. Recommcndatiol~s are included · Not cu:etid.y..p~evido~ i ,~de~.'ti!!i~?ee~m~mev~d new form of dwelling ~t ~ lot consldctat~t/~ in Lhe R-40, R-80, A-C ~d R-200 zones, r~:ctln ucnded ' ' ' ' ~ t~ough EZoning Board of Appeals (ZBA) special pe~it. · 2!7!~ rcco(ll!!!EY3fJX([ mMinimm pe~itted lot size 3}52u. ld ~obe 40,000 SF. Planned Development District PDD i.~ r~ /.OTj)o:tcm/ met thai ~*'a.~ :ecoli,izcd " : :3.i~. ! [)_!~_15 t!mi!~s~ }!.[~4~:_~t;ncourage: [ !q adoption of a PDD local law. · .!.i.[i!:_.!2!2!.)~5?ti[!!..~/kpply to HALO's through change of zone Iqsi~;>5; at i.J~e )i3_p~ Town Bo~d dise~etie~ * '¢ ! y p ica ~ ~ 2..:~ [ci ~pp top' ~,t~ m d c~t ~,~5 ~k-lots o f 5 acres ~ 3~ ) idcnfil}: poiential PDD a~c~didate :,ires,s, and greater sh ~tfld { c Z ~rk imcd to ... , sSeek mixed use development with public benefits. A x~Major public benefit 0~be~x, ishb~g-TDRs and providing sewage treatment f2cilifies xqfich could acct mmodatc addk[~m d flow Ik)m These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. Town of Southold TDR Program Planning Report 4.3 Interrelationship of Land Preservation Programs The TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs an~! .[~q!5..listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision Fee title land purchase and PDR are both methods which involve total density reduction of the parcel based on its potential yield. Conservation subdivision is a partial density reduction technique which results in [S,!gi~!r! i~ ~..t¢~sit~~ ]_ [~5~Z~!!!!~¥~...i~! ~.[:~spl'~_~e 80 rcductiot~. .:::-::~ pe~ee~[.~e~s[~v pe~een~ ~:ihe. land;.. This in effect is a creative land use tec~ique that involves a combination of clustering ~d yield reduction t~ough volunt~y yield loss, PDR or other creative t~ incentive ~d omer benefit progrms t~ough the assist~ce of Peconic L~d Trust (PLT) ~d/or other land preservation groups. ?k.~ta.!~.4~'d sc~bd.5~tL[511~ [}}5 r~s&t}~5..j~.(:lusle~h'~g Fesutts-i~ no yield reduction, but ~![45~ ear,retain perccm ~m~,,~eve [mm--h~d~:4~)-J~4 ~}a}s oI~ oF a prope~y in open In designing~the TDR program, strong ~nsideration was given to the inte~elationship of these progrms. There is a desire to not compete with successful progrms that acheve Tom goals. There is ~ aw~eness that agricultural l~d has residual value in faming, a~er the purchase or ~sfer of development rights, whereas woodl~d ~d non-agricultural ~eas do not have residential value, except as open space. The To~ has prim~ily directed the PDR program toward agricult~ lands, and utilized fee title land purchase more for open space prese~ation. Once the land is owned, management of open space for passive public recreational use (i.e. hiking, birdwatching, etc.) provides public benefit beyond just maintaining rural ch~acter of open space which is achieved in farml~d preservation where the land continues in agricultural production. These factors compelled the team to consider agricult~al lands as t~get locations for the use of TDR to supplement the Town PDR progrm. This allows public funds to be leveraged in a ma~er that private p~chase of development rights frees up funds for continu~ce of the PDR progrm to prese~e fa~land as well as for acquisition of open space. Directing the TDR program toward the larger agricultural parcels ensures several additional important considerations. As noted in Section 4.1, use of TDR from part of an agricultural parcel could provide a landowner/developer with revenue to pursue development on the balance of the parcel ~vhich would be contrary to overall land preservation goals. The TDR program was also felt to be inappropriate for preservation of smaller open space areas which would remain in private ownership with no potential use or value, which could result in maintenance and nuisance issues. Finally, the simplification of the application of the TDR program was considered Page 19 Town of Southold TDR Program Planning Report knowing the commitment of the Town Board toward creating an effective and implementable program. These factors lead to the identification of land types and target preservation programs as related to Town lands outside of the HALO areas. Page 20 Town of Southold TDR Program Planning Report A flow chart has been prepared in order to understand the interrelationship of these land preservation programs. The chart, included as Attachment C, illustrates the options which landowners have in pursuing either controlled development or total land preservation including TDR. The chart relates to the sending areas and lands outside of the HALO's of the Town and assists in defining the Town goals through various land preservation programs relative to parcel size, location, existing use and special district designations. 4.4 Density Limitations in the Receiving Zones Suffolk County Department of Health Services Density Regulations The number of potential sending area credits is computed and listed by school district in Table 4-1. Given the variety of receiving area options for redemption of credits as outlined in Section 4.2, it is difficult if not impossible to determine the actual nmnber of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with SCDHS requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, this section documents Article 6 density limitations and establishes a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices relative to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone IV allows a 20,000 SF minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981; any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF, would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to thatlot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density unless permitted under the Town Code Accessory apartment provisions and in conformance with the Article 6 exemption which involves no new sanitary facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occurring after 1981 must conform to the density provisions of Article 6, provide wastewater treatment, or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty subdivisions and site plans. Page 21 Town of Southold TDR Program Planning Report There are several additional aspects of SCDHS implementation of this program which are important to understand. Suffolk County recognizes that consideration can be given to regional compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns establish land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a General G~idance Mernorandu~v~ i~17 which pertains to ;md golf cmlrse densit3.. :[:~a'~e~.~¢IOe~.etol~-me~ t~[gh~s (Attachment D). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer. Further, the guidance document establishes a limit for parcels receiving transferred density of twice the density allowed under Article 6. As a result, the HALO areas can not exceed an equivalent of 20,000 SF lots since the minimum lot size required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density from agricultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum lot size would be 10,000 SF. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include provisions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to undergo review by the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and would be a beneficial aspect of this program. This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies, provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program, coupled with Chapter 117 (which permits transfer of Town preserved transfer credits for the purpose of affordable housing) ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. Town of Southold TDR Program Planning Report SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen bearing waste) and therefore density limitations are based on the nitrogen-bearing component of the flow. The Suffolk County design flow factors are contained in Attachment E. Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but may be considered as an alternative under the SEQRA process which will be conducted for TDR program implementation. 2006 Hamlet Development Model As noted, due to the variety of receiving area options for redemption of credits, it is not possible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. In 2006, at the request of the Town's Planning and Zoning Committee, Town staff, all of whom are also members of this TDR program team, prepared a Southold Hamlet Development Model to explore the feasibility of a TDR program and it's potential impact on hamlets, using Southold as a pilot case study. The goal of the model was, "To create a planning model for Southold Hamlet that will prevent undesirable over-development and protect the hamlet's unique qualities, scale and historic character". The model was discussed with the Southold Hamlet Stakeholders, refined, and then applied to all of Southold Town's hamlets in order to estimate the total number of potential TDR credits and the amount of potential farmland preservation Town wide, and the total potential number of residential units within each hamlet. HALO (receiving sites). Meetings were conducted with each of the hamlet stakeholder committees to discuss the individual hamlet mode~/results and to obtain feedback from these communities. The results were presented to the Tow~B'oard. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. In 2007,- the hamlet development model calculations were updated to be consistent with the HALO boundaries finally adopted by the Town Board, and the boundary pending for Greenport as of the date of this report. The Goals, Concept and Methodology associated with the model are contained in Attachment F. In summary, the model calculates the additional density which could be achieved in the HALO areas, based on a hypothetical standard subdivision model of 20,000 SF lots. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands Page 23 Town of Southold TDR Program Planning Report and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO; the results are provided for each school district in Table 4-2. TABLE 4-2 POTENTIAL RECEIVING ~REDITS[[LKWl0] SchoOl DiStrict T0f~l P0tential TDR CreditS Mattituck-Cutchogue UFSD New Suffolk CSD Southold UFSD ~i Greenport UFSD Oysterponds UFSD ~0~ Notes: Mattituck-Cutchogue UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- ~levelopmen~[LKWl~l. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. In review of the pilot model run for Southold, the total number of potential credits gave rise to concern that the use of credits should be monitored and capped at a percentage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS VS. RECEIVING ~]]REDIT~[LKW12] Sch061 Distiiet Sending z6n~ ReCeiving z0ne Receiving Zone ~R~s ~i~ i~tal Mattituck-Cutchogue UFSD 1071 1150 New Suffolk CSD 0 ~ Southold UFSD 458 ~ Greenpo~ ~SD 7 0 Oysterponds UFSD 122 ::~0~ 31 Notes: Mattituck-Cutchogue UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Page 24 Town of Southold TDR Program Planning Report Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are mom sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The quantity of existing open space in the HALO's should be reviewed, and for those HALO's where more than 30 percent open space exists, consideration should be given to identifying additional potential TDR redemption strategies. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a mariner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects./,.Parcels in excess of 5 acres located within the HALO boundaries would be target parcels for such development, as this size permits adequate buffering and provides sufficient area for potential single or mixed-use projects, and would also provide the potential for location of on-site wastewater treatment facilities such as a Cromoglass m system which can treat up to 1.5,000 gpd on single and separate parcels in conformance with SCDHS policy and regulations.'~.Parcels of 5 acres or more (according to tax map data) are inventoried as candidate parcels~for PDD's; a map of these parcels is provided as Figure 4-3. ~____ _Parcels_.:ol'5 ........... acres zlnd ~m'eater in size czre more suitable i'or Planned t)eveto >ment/ Districts gGiven the ability to buffer such development to ,.provide compatible single or mixed-use ~a~s--~,:----wastewater ~eatment.) 3~3Y I)I~[) ',xt~d }!~x~. ~p..pr~k:~s: :---~vilh-result~t public benefits, such prQects could potentiall_& be considered for TDR credit redemption an6.'or other public benefits of value to the tlAi,O and community. The Board could also have the option of [o~¢li!!g.pDD's ouiside of the [!Aj O.'~s !~)f'or TDI~.._qrc~!.i! Town of Southold TDR Program Planning Report provided. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their corrLmunities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model. 4.5 Program Mechanics Summary Quality Communities Grant This TDR Program Planning Report has been prepared with funding tbxough a New York State Quality Communities Grant. The grant included a work program that identified the basic requirements to be fulfilled. The language included in the work program of the grant is useful in understanding the intent of the Town TDR program: The quest for controlled growth requires creative planning and foresight. Transfer of development rights is just one tool used in the battle to contain sprawl. TDR is the exchange of zoning privileges from areas with low population needs, such as farmland, to areas of high population needs, such as the Hamlet Centers. These transfers allow for the preservation of open space and historic landmarks, while giving the Hamlet Centers areas a chance to expand and experience continued growth. There are three basic elements to a TDR program: the sending district, the receiving district, and the TDR credits themselves. Town of Southold TDR Program Planning Report The grant work program includes eleven (11) tasks that must be examined in order to fulfill the grant. A review of these tasks will be used for the purpose of providing a program mechanics summary. The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work program tasks under the grant are outlined below, and are followed by an examination of program mechanics in a summary form and based on other sections of this report. Examination of Grant Tasks 1. How will the TDR Program work? The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of Southold benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development rights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use which strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. Page 27 Town of Southold TDR Program Planning Report How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. 4. How is the value of the TDR's established? The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. Is the program voluntary or mandatory? The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and will facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The Town will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate its success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. How do I participate ifI own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. How do I participate if I own land in a Receiving Area? A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? Town of Southold TDR Program Planning Report TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Additional details are provided in Section 4.2 of this report. 10. Where are the Sending Areas located? Sending areas are outlined in detail in Section 4.1 and mapped in Figure 4-1 of this report. 11. Where are the Receiving Areas located? Receiving areas are outlined in detail in Section 4.2 and mapped in Figure 4-2 of this report. 5.0 CONCLUSION This TDR Program Planning Report provides a basis for the Town to move forward with the SEQRA process relating to this action, and to consider public and agency input for additional deliberation by the Town Board in reaching an informed decision on the Town's TDR program. To be completed Page 29 Tmon of Southoltl TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board 1.0 2.0 EXECUTIVE SUMMARY INTRODUCTION PROGRAM FOUNDATION 2.1 2.2 2.3 2.4 CONTENTS Components of a Successful TDR Program Public Need Town Objectives Background and History of Town TDR and Related Programs 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS 4.0 PROGRAM ELEMENTS 4.1 4.2 4.3 4.4 4.5 Sending Zones Receiving Zones Interrelationship of Land Preservation Programs Density Limitations in the Receiving Zones Program Mechanics Summary 5.0 CONCLUSION ATTACHMENTS Attachment A Comprehensive Implementation Strategy Background Page i Town of Southold TDR Program PLanning Report Attachment B Attachment C Attachment D Attachment E Attachment F List of Sending Zone Parcels Land Preservation Flow Chart SCDHS TDR Policy, Guidance Document #17 SCDHS Design Flow Factors Hamlet Development Model Table 3-1 Table 4-1 Table 4-2 Table 4-3 Tables School Districts and Hamlets Sending Area Credits by School District Potential Receiving Credits Sending Area Credits by School District Figure 4-1 Figure 4-2 Figure 4-3 Sending Zone Parcels Receiving Zone Parcels Potential PDD Parcels Figures Page ii Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft 5-264)7 EXECUTIVE SUMMARY To be completed Tmon of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Dralt 5-26-07 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Development Rights (TDR) Program for the purpose of enhancing the range of tools available for land preservation. The Town Board of the Town of Southold is pro-actively involved in advancing this initiative. As a means of defining a program that recognizes the complexities ofa TDR program in Southold, the Town Board retained an environmental planning consulting firm to coordinate efforts with a team of Town representatives. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the pr/or Generic Environmental Impact Statement (SGEIS) for the Southold Comprehensive Implementation Strategy (CIS)] and to facilitate drafting of a proposed Local Law to implement the Program. It is recognized that there are varying opinions on elements of the program. The program contained herein provides recommendations only, based on the judgment of the team members. The team was designed to include Town representatives who recognize and appreciate the inter- relationships among land preservation programs, data management, smart growth planning principles, and the planning and legal process, and would be expected to continue in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed relative to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, final decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. Team participants are listed as follows: Mark Ten-y, Town Principal Planner and Project Manager John Sepenoski, Town Data Processing · Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Town Land Preservation Coordinator Leslie Weisman, Member Southold Town ZBA & Chair of Southold Hamlet Stakeholder Committee · Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC CNP&V), consultant to the Town, were used in the preparation of this study. This report constitutes the study's findings and team recommendations resulting from these efforts. ~ Page 2 Town of Southold TDR Program Planning Report The purpose of this report is to define the elements of a Town of Southold TDR Program. It should be noted that, through the TDR Program, the Town seeks to provide an additional mechanism for the preservation of open spaces, without expenditure of public funds. At present, the Town has successful farmland and open space preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. Absent acquisition, the Conservation Subdivision program provides a means to reduce density and maximize open space preservation, and Town Planning staff and the Planning Board have used this tool for successful preservation of open space and to ensure alignment of contiguous open space through project review. The Town seeks to continue these programs, but seeks to provide a means to expand programs which provide for total land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance between preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Once the Town Board approves this document for the purpose of commencing review under the State Environmental Quality Review Act (SEQRA), a Draft Supplement to the Generic Environmental Impact Statement for the Town of Southold Comprehensive Implementation Strategy will be prepared. This will provide an opportunity for further review by the Town Board, the public and involved agencies. Issues which warrant study of alternatives to the program or elements of the program can be identified and examined in the Alternatives section of the DSGEIS. The DSGEIS will be the subject of a public heating and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. The Final SGEIS may support the TDR program, or changes to the program may occur if necessary to adequately respond to comments. After completion ora FSGEIS, a 10-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. Page 3 'lown of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through sound land use planning. Since early 2005, the Town Board has had a limited TDR ordinance (Chapter 117), to use as an additional tool in achieving affordable housing goals in tandem with land preservation efforts. The TDR mechanism was recommended for widespread use in the Town CIS of 2003 and the Town Hamlet Locus (HALO) Study of 2005. Additional insight regarding the existing Town TDR law and the prior findings of the Town CIS are contained in subsections of Section 2.0. It is noteworthy that the Town CIS included TDR as an implementation mechanism number 12, and the CIS was the subject of a Generic Environmental Impact Statement. The Findings of the CIS recognized TDR as a valuable land preservation/density relocation mechanism subject to further definition of the program. This TDR Program Planning Report and any subsequent SEQRA review builds upon the prior Town CIS recognition of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use of an land use tool whereby sites in established rural areas of the Town ("sending areas"), would shift density to target hamlet parcels within the respective hamlet HALO zones where appropriate infrastructure, infill potential, reuse potential, public services and/or lack of environmental constraints are present ("receiving areas"). The following sections present additional information on the TDR concept, the Town's need for such a program, the Town-wide objectives of preservation, and the history of the Town's efforts to preserve land through TDR. 2.1 Components of Successful TDR Programs Transfer of Development Rights is defined in the New York State Town Law as "... the process by which development rights are transferred from one lot, parcel, or area of land in a sending district to another lot, parcel, or area of land in one or more receiving districts." This planning tool is used to protect land were development is not desired by shifting density to more appropriate areas. TDR is a well-established, progressive land use tool that has been utilized nationwide in order to preserve one or more significant environmental characteristics of land areas for the benefit of an entire community, while at the same time protecting the value of landowners' property by enabling the development potential of that land to be realized elsewhere in the community, in a location more appropriate for development. A TDR program permits the transfer of density, which would retain lando~vners' equity in their land. Transferred development credits can be marketed privately or supported through municipal measures to facilitate the program. The Town can determine in advance how transferred credits or density may be used. For instance, transferred credits can be targeted for use as residential units in hamlet areas where density and planned growth is appropriate and sustainable. In order Page 4 To~n of Southold TDR Program Planning Report for a TDR program to work, the Town must identify sending and receiving areas for reduction and corresponding increase in development. A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups and other stakeholders. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program. Southold Town has already implemented some of these recommendationsm which will be reviewed in the next section of this report: 1. Encouraging TDR Sales Successful TDR programs encourage TDR sales by reducing the development potential of the sending sites through zoning incentives, favorable alternatives to development, restrictions, environmental regulations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. Just as sending site owners need to be encouraged to sell their development rights, receiving site developers must be motivated to buy TDRs. Developers will only buy TDRs if they can make a greater profit from a project that uses TDRs. A most important concept is that there must be sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. 2. Selecting Receiving Sites One approach is for the community to consider designating village or hamlet areas where more concentrated development will be encouraged. TDRs can then be used to obtain the higher densities that are possible in these select areas. 3. Facilitating Use of TDRs After appropriate stakeholder involvement and adoption of appropriate legislation subject to public disclosure, hearings and review processes, most communities approve TDRs administratively, without public hearings or discretionary decisions. This approach can increase the use of TDRs since it gives developers greater certainty over the cost, timing, and approval of their projects. Many communities also facilitate transfers by treating TDRs as a commodity, available for sale to anyone at any time. In addition, some programs feature a "TDR bank" which serves as a buyer and seller of TDRs when private transactions become too time consuming. Finally, the most successful TDR programs provide ongoing information to the general public, as well as staff support and instructional materials to assist TDR buyers and sellers. 4. Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehensive planning efforts are important in developing TDR programs. In the context ora comprehensive plan, ~ Page 5 Town of Southold TDR Program Planning Report the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (i.e., the sending areas). Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential should not excessively concern local government, as the intent of TDR is to locate development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental factors such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that, given water resource limitations, receiving area constraints and a unique real estate market, equal density will have a high probability of success. This will be examined further in this report and the Supplemental GEIS for the Town of Southold TDR program. It is noted that the Town of Southold has made great progress in considering the key elements of a successful TDR program. The following steps have been taken to date, that will facilitate a successful program in the Town of Southold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the rural areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built community support by assembling stakeholders and conducting the 2005 Hamlet Study to determine the desires and concerns of local residents and identify hamlet centers and surrounding HALO boundaries (receiving sites), resulting in direction on a community-by- community basis to build community support. · The Town has reduced expansion of utilities primarily involving water supply expansion to rural areas, in order to maintain a balance of ~owth potential due to limited water resources, aquifer management and public health safety in coordination with the Suffolk Cotmty Water Authority and several prior initiatives including the Water Supply Management & Water Protection Strategy, and adoption of an official Water Map (of water supply extension areas) in 2000 and 2007. The challenges that lie ahead include the following: Page 6 Town of Southold TDR Program Planning Report · Defining sending and receiving sites, particularly in view of the myriad of preservation programs currently in use, and the desire to continue a policy of density reduction through purchase of development rights. · Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. · Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. · Ensuring a margin of program success in consideration of the Suffolk County Department of Health Services (SCDHS) policy on density transfer. The remainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the Board's ability to preserve land while promoting sustainable hamlet development. 2.3 Town Objectives The overall program is intended to discourage/eliminate inappropriate development on important lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where such development can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. · The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. · The Town Board acknowledges that agricultural and other rural lands are a significant resource in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, rural atmosphere. · As a result of the Town's efforts, a number of mechanisms are being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. The proposed TDR program is expected to provide the following public benefits: Page 7 Town of Southold TDR Program Planning Report · Protect critical resources associated with sending parcels including rural character, farm and agricultural land use to promote land preservation and environmental protection. · Provide an increase in the amount of diverse housing stock for a variety of income levels, including affordable housing. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use areas. · Promote beneficial design guidelines and standards within the hamlets including nco-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, and promoting appropriate development consistent with good design and planning principles. 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rate and pattern of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of HALO areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply SCDHS sanitary density restrictions and ensuring that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic EIS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also addressed. The 2003 report was a broad-based planning study and implementation of many of Page 8 Town of Southohl TDR Program Planning Report the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Attachment A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, studied in the Generic EIS and is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Attachment A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 socioeconomically 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of development fights, capture the sanitary development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which development rights are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into a Town Community Preservation Fund, for the purchase of additional lands or development rights, in accordance with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lands in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for ~ Page 9 To'~'vrl] Of Southold TDR Program Planning Report transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. Overall, the program involves establishing "sending areas" which would enable a landowner to obtain TDR credits for land to be preserved through density transfer. Receiving zones would be established in designated Hamlet HALO areas; these would represent locations where TDR credits would be redeemed at a density that would not otherwise be permitted without the credit redemption. It is contemplated that sending and receiving areas would be within the same school district and that the program would be voluntary.. The Town Hamlet Study of 2005 provided a basis for defining the hamlets business centers and HALO zones. The Study, which involved participation of stakeholders from each hamlet, also allowed residents and business owners to identify and promote features that contribute to the unique identity of their communities and make recommendations for future improvements and growth. For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Mattituck-Cutchogue Union Free School District Mattituck and Cutchogue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southo!d Union Free School District Southold and. eco..ic; ..... q,,¢c,.lv re 1 '~,'~ Greenport Union Free School District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greenport (9-12) Page 10 Town of Southold TDR Program Planning Report In 2006, the Town's Planning and Zoning Committee appointed a TDR Work Group, whose members also belong to this TDR Team. The group's task was to create a Hamlet Development Model designed to study the feasibility of establishing a Town wide TDR program that would provide the Town with another land use tool for desirable farmland preservation without creating undesirable over development within the hamlets. The work group held meetings with each of the hamlet stakeholder committees during mid to late 2006, to explain the model, review the potential impacts on preservation and development in their respective hamlets, and obtain feedback. Based upon projected Town wide numbers, the work group's study concluded that a TDR program was feasible and that stakeholders recognized the benefits that would accrue to the Town through the transfer of density. These results were presented to the Town Board. The original Hamlet Development Model was based on the 2005 earlier geography of the hamlet HALO boundaries, but has been updated in this report (see section 4.4 for further discussion). Based on the TDR Work Group, Town Board, and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an alternative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential units, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone can be considered on a case-by-case basis. · Each hamlet will retain open space, with a goal of 30 percent within hamlets, devoted to both public use and visually open public and private space. At this time, the Town has formally adopted the HALO boundaries for Mattituck, Cutchogne, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the HALO areas and the program components noted above provides a basis for further efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. 4.0 Program Elements 4.1 Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. Page 11 Town of Southold TDR Program Planning Report The general concept is to specify areas where new residential development is to be discouraged due to agricultural use, rural/pastoral character, environmental sensitivity and/or lack of infrastructure to support development. For Southold Town, areas outside of the hamlets are being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary and has been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far Southold has been successful in using land transfer tax monies and bonds for this purpose. Additional preservation tools are needed to leverage public funds with private investment, which would achieve the same result of land preservation in the sending areas, with managed density increases in the receiving areas. The Town and County also use outright purchase of fee title lands, and has found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lands. This understanding helps to target the application of a TDR program and identification of sending areas. Definition of Sending Areas Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past and contains suitable prime farm soils. Given the allowable density of 1 dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered on ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that preservation goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be fertilized through farming or golf course use.. In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process began by eliminating land types that did not require preservation; these included: acreage) and residential zoned land of twice the minimum zoning lot size requirement) · Unbuildable land (wetlands, dune, beach, surface water) Land in hamlet and HALO areas Business zoned land not subdividable (single and separate lots of less than the minimum zoning Page 12 ¢2;; Town of Southold TDR Program Planning Report · Existing community facilities (lands in public ownership, used for public purpose and certain non-public lands (churches, utilities, etc.) · Land currently protected through prior PDR, acquisition or conservation subdivision The remaining land area included all buildable, subdividable, unprotected, non-community facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas. It was believed that larger pamels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place.. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential from non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in more detail in Section 4.4. An additional discussion centered around how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS inventory observed to be actively farmed has been created. In reviewing this inventory, it was soon evident that there was too much room to debate whether parcels were actively farmed, fallow, how long they were fallow and if they could potentially be returned to farm use. It was also evident that maintaining an updated inventory for the purpose of designation of specific sending parcels was logistically unfeasible. An alternative means of designation of farmland was sought. The Town has an Agricultural District designation, which is a recorded parcel status for the purpose of tax relief. Active farms seeking tax relief are designated through Agricultural District status. The inventory is in GIS and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Agricultural District parcel inventory and lands which are the subject of an individual commitment were believed to be the most appropriate method of designating farm status sending parcels. Consideration of TDR off All and/or Part of a Parcel Extensive discussion was held regarding whether transfer of only part of the development rights from a given parcel was appropriate. A major concern was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to preservation goals. In addition, the logistics of identifying what part of a parcel the rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it concluded that for the initial program partial transfer would not be recommended; however, if in the future an Agricultural PDD (AgPDD) were created, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel ~' Page 13 'l'n~ n of Southold TDR Program Planning Report enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. Recommended Criteria for Sending Areas As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels which meet all of the following criteria: · Land not in a designated HALO or hamlet; · Land recorded in Town GIS as being greater than 7 acres in size; · Land not in Town GIS database as community facility lands; · Land not in Town GIS database as including wetlands (greater than 90 percent), dune, beach and/or surface water; · Land not in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database as having an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds, which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the exact sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mattituck-Cutchogue Union Free School District 1,972 107 I New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 843 458 Greenport Union Free School District 13 7 Oysterponds Union Free School District 252 122 Notes: Mattituck-Cutchogue UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for ~rade level transfers between school districts. Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80; and 4.60 for R-200. This yield factor is consistent with the formula used by the Towa for yield of conservation subdivisions. Page 14 To','*II of Southold TDR Program Planning Report Sending zone parcels are mapped in Figure 4-1 [note: all figures are included in a separate section immediately following the text of this report.] A list of parcels designating the proposed sending zone is included in Attachment B; this Iist includes parcel tax number, zoning and size. 4.2 Receiving Zones Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The unique configuration and historical origin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO Study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: · LI-light industrial · B-business · HB-hamlet business · LB-limited business · RO-residence office · AHD-affordable housing district · HD-hamlet density · R-40 residential · R-80 residential · A-C agriculture-conservation · R-200 residential Page 15 Town of Southold TDR Program Planning Report For the purpose of this program, it was determined that a simple and easy to implement initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. As a result, use of credits in the LI district would not be possible. Each of the other districts including B, HB, LB, RO, AHD, HD, R-40, R-80, A~C and R-200, all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself, and should not be burdened ~vith pumhase of credits that could potentially increase building costs and cost of units and thereby defeat the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board continues to consider changes of zone to AHD where appropriate based on sound planning principles and community needs and the merits of placing this zoning on a given parcel of land. This leaves B, LB, RO, HD, R-40, R-80, A-C and R-200 as potential receiving zones, plus potential future use of a PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Recommended Receiving Zones which are coincident with the HALO boundaries are mapped in Figure 4-2. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and Page 16 Town of Southold TDR Program Planning Report · Mixed use or flexible zoning developments under potential future Planned Development District The following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes · Apply to B, HB, RO, R-40, R-80, A-C, R-200 zones. · Allow in zoning district through further subdivision. · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF. · Consider creation of R-20 zone to establish dimensional requirements for 20,000 SF lot size which does not currently exist. Two-Family Homes · Apply to R-40, R-80, A-C zones. · Allow in zoning district through creation of one structure per lot. · Allow in zoning district through further subdivision. · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF in the R-40 and 40,000 SF in the R-80 and A-C zones. · Dimensional requirements pursuant to 1.25 times the underlying zone except area which is specified above. Multiple Family Dwellings · Allow in residential zoning district through change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · Town Board locates use based on change of zone which would require use of TDR's. · Dimensional requirements pursuant to HD/HB Detached Accessory Dwelling Units · Not currently provided for in Town Code; recommend new form of dwelling unit to be allowed in R-40, R-80, A-C and R-200 zones through Zoning Board of Appeals (ZBA) special permit. · Minimum permitted lot size to be 40,000 SF. Planned Development District · Encourage adoption of PDD local law. · Apply to HALO's through change of zone at Town Board discretion. · Identify lots 5 acres and greater as candidates. · Seek mixed use development with public benefits. · Major public benefit is extinguishing TDRs and providing sewage treatment. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. ~,~:,~ ~.~ ~ ,o:*~ ~L= Page 17 To~u of Southold TDR Program Planning Report 4.3 Interrelationship of Land Preservation Programs The TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision · Clustering Fee title land purchase and PDR are both methods which involve total density reduction of the parcel based on its potential yield. Conservation subdivision is a partial density reduction technique which results in percent density reduction and preservation of percent of the land. This in effect is a creative land use technique that involves a combination of clustering and yield reduction through voluntary yield loss, PDR or other creative tax incentive and owner benefit programs through the assistance of Peconic Land Trust (PLT) and/or other land preservation groups. Clustering results in no yield reduction, but can retain anywhere from half to two-thirds of a property in open space, depending on the final clustered lot size. In designing the TDR program, strong consideration was given to the interrelationship of these programs. There is a desire to not compete with successful programs that achieve Town goals. There is an awareness that agricultural land has residual value in farming, after the purchase or transfer of development fights, whereas woodland and non-agricultural areas do not have residential value, except as open space. The Town has primarily directed the PDR program toward agricultural lands, and utilized fee title land purchase more for open space preservation. Once the land is owned, management of open space for passive public recreational use (i.e. hiking, birdwatching, etc.) provides public benefit beyond just maintaining rural character of open space which is achieved in farmland preservation where the land continues in agricultural production. These factors compelled the team to consider agricultural lands as target locations for the use of TDR to supplement the Town PDR program. This allows public funds to be leveraged in a manner that private purchase of development fights frees up funds for continuance of the PDR program to preserve farmland as well as for acquisition of open space. Directing the TDR program toward the larger agricultural parcels ensures several additional important considerations. As noted in Section 4.1, use of TDR from part of an agricultural parcel could provide a landowner/developer with revenue to pursue development on the balance of the parcel which would be contrary to overall land preservation goals. The TDR program was also felt to be inappropriate for preservation of smaller open space areas which would remain in private ownership with no potential use or value, which could result in maintenance and nuisance issues. Finally, the simplification of the application of the TDR program was considered knowing the commitment of the Town Board toward creating an effective and implementable program. These factors lead to the identification of land types and target preservation programs as related to Town lands outside of the HALO areas. Page 18 Town of Southold TDR Program Planning Report A flow chart has been prepared in order to understand the interrelationship of these land preservation programs. The chart, included as Attachment C, illustrates the options which landowners have in pursuing either controlled development or total land preservation including TDR. The chart relates to the sending areas and lands outside of the HALO's of the Town and assists in defining the Town goals through various land preservation programs relative to parcel size, location, existing use and special district designations. 4.4 Density Limitations in the Receiving Zones Suffolk County Department of Health Services Density Regulations The number of potential sending area credits is computed and listed by school district in Table 4-1. Given the variety of receiving area options for redemption of credits as outlined in Section 4.2, it is difficult if not impossible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with SCDHS requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, this section documents Article 6 density limitations and establishes a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices relative to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone IV allows a 20,000 SF minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981; any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF, would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to thatlot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density unless permitted under the Town Code Accessory apartment provisions and in conformance with the A~ic!e 6 exemption which involves no new sanitary facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occurring after 1981 must conform to the density provisions of Article 6, provide wastewater treatment, or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty subdivisions and site plans. Page 19 Town of Southold TDR Program Planning Report There are several additional aspects of SCDHS implementation of this program which are important to understand. Suflblk County recognizes that consideration can be given to regional compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns establish land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a ~d~ce do~ (#I7) which pertains to Transfer of Development Rights (Attachment D). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer. Further, the guidance document establishes a limit for parcels receiving transferred density of twice the density allowed under Article 6. As a result, the HALO areas can not exceed an equivalent of 20,000 SF lots since the minimum lot size required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density from agricultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum lot size would be 10,000 SF. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include provisions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to undergo review by the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and ~vould be a beneficial aspect of this program. This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies, provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program, coupled with Chapter 117 (which permits transfer of Town preserved transfer credits for the purpose of affordable housing) ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an ~ Page 20 Town of Southold TDR Program Planning Report assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen bearing waste) and therefore density limitations are based on the nitrogen-bearing component of the flow. The Suffolk County design flow factors are contained in Attachment E. Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but may be considered as an alternative under the SEQRA process which will be conducted for TDR program implementation. 2006 Hamlet Development Model As noted, due to the variety of receiving ama options for redemption of credits, it is not possible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. ,In 2006, at the request of the Town's Planning and Zoning Committee, Town staff, all of whom are also members of this TDR program team, prepared a Southold Hamlet Development Model to explore the feasibility of a TDR program and it's potential impact on hamlets, using Southold as a pilot case study. The goal of the model was, "To create a planning model for Southold Hamlet that will prevent undesirable over-development and protect the hamlet's unique qualities, scale and historic character". The model was discussed with the Southold Hamlet Stakeholders, refined, and then applied to all of Southold Town's hamlets in order to estimate the total number of potential TDR credits and the amount of potential farmland preservation Town wide, and the total potential number of residential units within each hamlet. HALO (receiving sites). Meetings were conducted with each of the hamlet stakeholder committees to discuss the individual hamlet model results and to obtain feedback from these communities. The results were presented to the TownBoard. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. In 2007, the hamlet development model calculations were updated to be consistent with the HALO boundaries finally adopted by the Town Board, and the boundary pending for Greenport as of the date of this report. The Goals, Concept and Methodology associated with the model are contained in Attachment F. Ln summapz', the model calculates the additional density which could be achieved in the HALO areas, based on a hypothetical standard subdivision model of 20,000 SF lots. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total Page 21 Town of Southold TDR Program Planning Report buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO; the results are provided for each school district in Table 4-2. TABLE 4-2 POTENTIAL RECEIVING CREDITS Mattituck-Cutchogue UFSD i~ New Suffolk CSD ~ Southold UFSD 5~i Greenport UFSD 0 Oysterponds UFSD ~04 Notes: Mattituck-Cutchogue UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- development. Each hamlet was conceptualized as including both development and open space at a ratio of 70 pement developed area to 30 percent open space. In review of the pilot model run for Southold, the total number of potential credits gave rise to concern that the use of credits should be monitored and capped at a pementage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS VS. RECEIVING CREDITS Mattituck-Cutchogue UFSD 1071 1-50 ~ New Suffolk CSD 0 ~ ~ Southold UFSD 458 ~ 162 Greenport UFSD 7 ~ 0 Oysterponds UFSD 122 :i04 31 Notes: Mattii-ack-Cutchogue UFSD includas Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, ~ Page 22 To;', n of Southold TDR Program Planning Report there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The quantity of existing open space in the HALO's should be reviewed, and for those HALO's where more than 30 percent open space exists, consideration should be given to identifying additional potential TDR redemption strategies. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects. Parcels in excess of 5 acres located within the HALO boundaries would be target parcels for such development, as this size permits adequate buffering and provides sufficient area for potential single or mixed-use projects, and would also provide the potential for location of on-site wastewater treatment facilities such as a Cromoglass TM system which can treat up to 15,000 gpd on single and separate parcels in conformance with SCDHS policy and regulations. Parcels of 5 acres or more (according to tax map data) are inventoried as candidate parcels for PDD's; a map of these parcels is provided as Figure 4-3. Given the ability to buffer such development, provide compatible single or mixed-use projects and provide a means for wastewater treatment, with resultant public benefits, such projects could potential be considered for TDR credit redemption in addition to the HALO area credit cap. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in Town of Southold TDR Program Planning Report recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model. 4.5 Program Mechanics Summary Quality Communities Grant This TDR Program Planning Report has been prepared with funding through a New York State Quality Communities Grant. The grant included a work program that identified the basic requirements to be fulfilled. The language included in the work program of the grant is useful in understanding the intent of the Town TDR program: The quest for controlled growth requires creative planning and foresight. Transfer of development rights is just one tool used in the battle to contain sprawl. TDR is the exchange of zoning privileges from areas with low population needs, such as farmland, to areas of high population needs, such as the Hamlet Centers. These transfers allow for the preservation of open space and historic landmarks, while giving the Hamlet Centers areas a chance to expand and experience continued growth. There are three basic elements to a TDR program: the sending district, the receiving district, and the TDR credits themselves. The grant work program includes eleven (11) tasks that must be examined in order to fulfill the grant. A review of these tasks will be used for the purpose of providing a program mechanics summary. The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work ~ Page 24 Town of Southold TDR Program Planning Report program tasks under the grant are outlined below, and are followed by an examination of program mechanics in a summary form and based on other sections of this report. Examination of Grant Tasks 1. How will the TDR Program work? The program involves designation of sending zones which primarily include larger farm pamels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of Southold benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development rights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use which strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. 3. How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. 4. How is the value of the TDR's established? Page 25 Town of Southold TDR Program Planning Report The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. Is the program voluntary or mandatory? The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and will facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The To~vn will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate its success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. 7. How do I participate ifI own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. 8. How do I participate ifI own land in a Receiving Area? A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Additional details are provided in Section 4.2 of this report. 10. Where are the Sending Areas located? Sending areas are outlined in detail in Section 4.1 and mapped in Figure 4-1 of this report. ~l~ Page 26 'l'm~ n of Southohl TDR Program Planning Report 11. Where are the Receiving Areas located? Receiving areas are outlined in detail in Section 4.2 and mapped in Figure 4-2 of this report. 5.0 CONCLUSION This TDR Program Planning Report provides a basis for the Town to move forward with the SEQRA process relating to this action, and to consider public and agency input for additional deliberation by the Town Board in reaching an informed decision on thc Town's TDR program. To he completed Page 27 Town of $outhold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board CONTENTS EXECUTIVE SUMMARY 1.0 INTRODUCTION 2.0 PROGRAM FOUNDATION 2.1 Components of a Successful TDR Program 2.2 Public Need 2.3 Town Objectives 2.4 Background and History of Town TDR and Related Programs 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS 4.0 PROGRAM ELEMENTS 4.1 Sending Zones 4.2 Receiving Zones 4.3 Interrelationship of Land Preservation Programs 4.4 Density Limitations in the Receiving Zones 4.5 Program Mechanics Summary 5.0 CONCLUSION ATTACHMENTS Attachment A Land Preservation Flow Chart Page i Attachment B Attachment C Attachment D Table 3-1 Table 4-1 Table 4-2 Table 4-3 SCDHS TDR Policy SCDHS Design Flow Factors Hamlet Development Model Tables School Districts and Hamlets Sending Area Credits by School District Town of Southold TDR Program Planning Report Deleted: ....... Page Break- Figure 4-1 Figure 4-2 Sending Area Parcels Receiving Area Parcels Figures Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board EXECUTIVE SUMMARY To be completed Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draft 5-184)7 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Developm?~nt Rights (TDR) Program for the purpose of enhancing the range of tools ava able for land ~0~. The Town Board of the Town of Southold is pro-actively involved in advancing this initiative. As a means of defining a program that recognizes the complexities of a TDR program in Southold, the Town Board retained an environmental planning consulting finn to coordinate efforts with a team of Town representatives to define the planning parameters for a Southold TDR Program. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the prior Generic Environmental Impact Statement (GEIS) for the Southold Comprehensive Implementation Strategy (CIS)] and to facilitate drafting of a proposed Local Law to implement the Program. ~~S on elements o e pro The program contained herein provides recommendations only, based on the judgment of the team members~ The team was designed to include Town representatives that recognize the inter-relationships among~9~d preservation programs, data managements, smart growth planning princ!ples, and the. planning and legal process, and would be expected to continue, in a capacity that wi!! assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed relative ,to y~rious program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, final decisions are to be made by the Town Board, and flexibility exists in outhning and implementing program elements as directed by the Board. Team participants are listed as follows: Mark Terry, Principal Planner and Project Manager John Sepenoski, Data Processing Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Land Preservation Coordinator Leslie Weisman, Member Town ZBA & Chair of Southold Hamlet Stakeholder Committee Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC (NP&V), consultant to the Page 2  Town of Southold , TDR Program Planning Report Town, were used in the preparation of this study. This report constitutes the study's findings and team recommendations resulting from these efforts. shou be noted that, through the TDR Program, the Town seeks to provide an additi0hal mechanism for the preservation of open spaces, without expenditure of public funds. At present, the Town has successful farmland and woodland open space preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. ~,',~e Conservation Subdivision program provides a means to reduce density and maximize open space preservation, and Town Planning staff and the Planning Board have used this tool for successful preservation of open space and to ensure alignment of contiguous open space through project review. The Town seeks to continue these programs, but seeks to provide a means to expand programs which provide for total land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development fights which result in the permanent ex6nguishment of development fights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance of preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Town of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through sound land use planning. Since early 2005, the Town Board has had a TDR ordinance (Chapter 117), to use as an additional tool in achieving affordable housing goals in tandem with land preservation efforts. The TDR mechanism was recommended for widespread use in the Town CIS of 2003 and the Town Hamlet Locus (HALO) Study of 2005. Additional insight regarding the existing Town TDR law and the prior findings of the Town CIS are contained of Section 2.0. It is noteworthy that the Town CIS included TDR as an mechanism number 12, and the CIS was the subject of a Generic Environmental Statement. The Findings of the CIS recognized TDR as a valuable land relocation mechanism subject to further definition of the program. This TDR Program Report and any subsequent SEQRA review builds upon the prior Town CIS of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use of sites in established rural areas of the Town ("sending areas"), parcels within the respective hamlet HALO zones where appropriate potential, reuse potential, public services and/or lack of environmental c ("receiving areas"). infill present The following sections present additional information ~ such a program, the Town-wide objectives of preservation, and the h to preserve land through TDR. the Town's need for of the Town's efforts 2.1 Components of Successful TDR Programs Transfer of Development Rights is defined in the New York by which development rights are transferred from one lot, district to another lot, parcel, or area of land in tool is used to protect land were development is not appropriate areas. s "...theprocess or area of land in a sending districts. ' This planning by ,shiftin~g density to more TDR is a well-established, progressive land preserve one or more si entire community, while at the same time enabling the development potential of that land to 1 location more appropriate for development. has been utilized nationwide in order to the value of landowners' property by realized elsewhere in the community, in a A TDR program permits the transfer of density, land. Transferred development credits can measures to facilitate the program. The Town or density may be used. For instance, units in hamlet areas where density and planm would retain landowners' equity in their n determine in advance how transferred credits credits can be targeted for use as residential is appropriate and sustainable. In order Page 4 Deleted: and Town of Soulhold TDR Program Planning Repor~ for a TDR program to work, the Town must identify sending and receiving areas for reduction and corresponding increase in development. A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups and other stakeholders. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program. Southold Town has already implemented some of these recommendationsm which will be reviewed in the next section of this repiner: 1. Encouraging TDR Sales ~ / Successful TDR programs encourage TDR sales by reducing the development potential of the sending/ sites through zoning incentives, favorable alternatives to development, restrictions, environmen~l regulations, farmland protection measures, and ordinances that require adequate public faci/~es before development can occur. ~ Just as sending site owners need to be encouraged to sell their development rights, receivt/ng site developers must be motivated to buy TDRs. Developers will only buy TDRs if they ca~ make a greater profit from a project that uses TDRs. A most important concept is that ther~ must be sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. ~ 2. Selecting Receiving Sites ~ One approach is for the community to consider designating village or hamlet areal/where more concentrated development will be encouraged. TDRs can then be used to obtain the I~gher densities that are possible in these select areas. 3. Facilitating Use ofTDRs After appropriate stakeholder involvement and adoption of appropriate legislation subject to public disclosure, hearings and review processes, most corarnunities approve TDRs administratively, without public hearings or discretionary decisions. This approach can increase the use of TDRs since it gives developers greater certainty over the cost, timing, and approval of their projects. Many communities also facilitate transfers by treating TDRs as a commodity, available for sale to anyone at any time. In addition, some programs feature a "TDR bank" which serves as a buyer and seller of TDRs when private transactions become too time consuming. Finally, the most successful TDR programs provide ongoing information to the general public, as well as staff support and instructional materials to assist TDR buyers and sellers. 4. Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehensive planning efforts are important in developing TDR programs. In the context ora comprehensive plan, Town of Southold TDR Program Planning Report the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (i.e., the sending areas). Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential should not excessively concern local g~, as the intent of TDR is to locate development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental limitations such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that given water resource limitations, receiving area constraints and a unique real estate market, ~laal ~i~ will have a high Pmbabi!itY of success- This will be examined further in this report and the Supplemental GEIS for the Town of Southold TDR program, xx .x It is noted that the Town of Southold has made great pYl~ress in considering the key elements of a successful TDR program. The following steps have b~en taken to date, that will facilitate a successful program in the Town of Southold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the raml areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built con~nunity support by assembling stakeholders and conducting the 2005 / Hamlet Study,t0 de[e~ne the dfs!rq5 and c0ncerns of'!ocal residents and identify hamlet centers { I>el~nl'~ALO ~may end surrounding HALO boundaries (receiving sites), resulting in direction on a community-by- community basis to build community support. / · The Town has reduced expansion of utilities primarily involving water supply expansion to rural areas, in order to maintain a balance of growth potential due to limited water resources, aquifer management and public health safety in coordination with the Suffolk County Water Authority and several prior initiatives including the Water Supply Management & Water Protection Sirategy, and adoption of an official Water Map (of water supply extension areas ~ in 2000 and l 2007.  Town of $outhold · TDR Program Planning Report The challenges that lie ahead include the following: · Defining sending and receiving sites, particularly in view of the myriad of preservation programs currently in use, and the desire to continue a policy of density reduction through pumhase of development rights. · Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. · Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. · Ensuring a margin of program success in consideration of SCDHS policy on density transfer. The remainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed hction would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the I Board's ability to preserve land, while promoting sustainable hamlet a~!~~. 2.3 Town Objectives The overall program is intended to discourage/eliminate inappropriate development on important lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where such development can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. · The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. · The Town Board acknowledges that agricultural and other rural lands are a significant resource in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, mral atmosphere. · As a result of the Town's efforts, a number of mechanisms are being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. The proposed TDR program is expected to provide the following public benefits: Town of Southold TDR Program Planning Report · Protect critical resources associated with sending parcels including rural character, farm and a~-icultural land use to promote Iand preservation and environmental protection. · Provide an increase in the amount, of,diversg, housing stock for a variety of income levels, '~ including affordable housing. -. i Deleted: a~d Reduce suburban sprawl and promote "smart growth" development principals including · i~elete~: strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use i~yofavailablc development, improvements to and use of existing infrastmctare, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, and promoting appropriate development consistent with good design and planning principles. 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rote and pattern of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of Hamlet Locus (HALO) areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply with Suffolk County Depamnent of Health Services (SCDHS) sanitary density restrictions and ensuring that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program would have to discourage~eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic EIS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered· The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also addressed. The 2003 report was a broad-based planning study and implementation of many of I~ Page 8 Town of Southold TDR Program Planning Report the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Appendix A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, studied in the Generic EIS end is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Appendix A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 socioeconomically 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of development rights, capture the development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development end re-development in hamlet areas. For background, Chapter 117 defines a "senitary flow credit" as the equivalent to a right to develop a single-family residential parcel with en individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which development rights are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into a Town Community Preservation Fund, for the purchase of additional lends or development rights, in accordence with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lends in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for transfer of development into those Receiving Districts. Receiving Districts are defined as all ~ Page 9 Town of $outhold TDR Program Planning Repori lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). 3.0 PROGRAM OVERVIEW AND GENERAL pARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. Delet~l: ...... Page Break ..... ,Ove~, the program involves establishing "sending areas" which wou d enab e a andowner to obtain TDR credits for land to be preserved through,denslt7 transfer. Recewmg zones would be established in~,designated, H~!et HALO areas; these would represent locations where TDR c ed ts ould be redeemed at a density.that would not otherwise b erm~tted w~thout the credit redemption. It is contemplated that sending and recelwng areas would be w~thra the same school d~stnct and that the program would.be voluntary~ The Town Hamlet ,Study of 2005 provided a basis for defining the hamlets business centers and HALO zones. The Study, which involved participation of stakeholders from each hamlet, ,also allowed residents and business owners to identify and promote features that conthbute to the unique identity of their communities and make recommendations for future improvements and growth. ~For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Mattituck-Cutchogue Union Free School District Mattituck and Cutchogue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southold Union Free School District Southold and Peconic; New Suffolk (8-12) Greenport Union Free SchooI District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greenpmt (9-12) ~6' th~ TP~iS ~!~ning mid CP~i~g C0mmi,U. ee appointed a TDR Work Gr0Up~ whose [ ~.,.t~: o~i,s ~ members also belon~ to this TDR Team, ~e group S t~ w~ i~ ~[~ ~ hami~{ De~$i;pm~{ ~ Dele~: ~e s~ md fall of j ( Dele~: Town develop~ Town of Southold TDR Program Planning Report Model designed to study the feasibility of establishing a Town wide TDR program that would provide the *gown with another land use tool for desirable famfland preservation without creating undesirable over development within the hamlets. The work group held meetings during August through September of 2006 with each of the hamlet stakeholder committees to explain the model~ review the potential impacts on preservation and development in their respective hamlets~ and obtain feedback. Based upon proiected Town wide numbers~ the work egoup's study coacluded that a TDR pro,ram was feasible and that stakeholders recognized the benefits that would accrue to the Town through the transfer of density. These results were presented to the Town Board. The original Hamlet Development Model was based on the 2005 earlier geography of the hamlet HALO boondaries, but has been updated in this report. (see section 4.4 for further discussion)., Based on the TDR Work Group~ Town Board~ and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an alternative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential units, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone can be considered on a case-by-case basis. · Each hamlet will retain open space, with a goal of 30 percent within hamlets, devoted to both pubic use and visually open public and private space. At this time, the Town has formally adopted the HALO boundaries for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the Hamlet Locus areas and the program components noted above provides a basis for further efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. 4. l Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. Break ...... Page Town of Southold TDR Program Planning Report The general concept is to specify areas where new residential development is to be discouraged due to aghcultural use, rural/pastoral character, environmental sensitivity and/or lack of infrastructure to support development. For Southold Town, areas outside of the hamlets are being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary end has been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far Southold has been successful in using land transfer tax monies for this purpose. Additional preservation tools are needed to leverage public funds with private investment, which would achieve the same result of lend preservation in the sending areas, with managed density increases in the receiving areas. The Town also uses outright purchase of fee title lands, and has found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lends. This understanding helps to target the application of a TDR program end identification of sending areas. Definition of Sending Areas ~' Sending areas are typically identified by a mapped geographic area end/or by designation of individual parcels of lend in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past end contains suitable prime farm soils. Given the allowable density of 1 dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered,on ensuring that the pro~m t~g~ts prime areas of ~ Delete: ~o~mS concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that preservation goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be actively farmed. In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process begen by eliminating land types that did not require preservation; these included: · Lend in hamlet end HALO areas · Land not subdividable (single and separate lots of less than the minimum zoning acreage) · Unbuildable land (wetlends, dune, beach, surface water, excessively steep slopes) · Existing community facilities (lands in pubic ownership, used for public purpose) · Land carrenfly protected through prior PDR, acquisition or conservation subdivision Town of $oulhold TDR Program Planning Report ,Thc remaining land area included all bui!dable, subdividab!e~ unprotected, non-community (Oeleted:1 facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas. It was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. TDR off Farmland and Open Space'? ,Several discussions about ,including farmland, non-farmland, or both as sending: placev Given the targeting of non-farmland for total preservation, and income potential from non-farmland, it was felt that PDR would be most continued fee title acquisition of non-farmland. As a result, a appropriate for designation as sending areas under the TDR program, criteria would be met in the receiving zones. This can be accomplished, and i detail in Section 4.4. took ( Deleted: Discussion ,ua! ..... felt to be t in more An additional discussion centered areas. The Town has ,various farmland strategies ~ observed to be actively farmed has been created. which a and GIS Deleted: There arc sought. An The inventory is in GIS and is maintained parcels in this district are recognized. As a result, inventory was believed to be the most appropriate parcels. · Transfering Partial Development Rights Extensive discussion was held regarding a given parcel was appropriate. A major concern was would provide revenue that preservation goals. In addition, the logistics transferred from and the record keeping of these result, it concluded that for the initial program [ however, if in the future an Agricultural (AgPDD) legislation to allow TDR as a means of selling all AgPDD since full protection is guaranteed development rights over time. Recommended Criteria for Sending Areas was A District parcel farm status sending part of the development rights balance of the contrary to rights were : were believed to be onerous. As a transfer would not be recommended; possible to amend this credits of a parcel enrolled in the the Town is unable to Deleted: not Town of Southold TDR Program Planning Report As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels which meet all of the following criteria: · Land not in a designated HALO or hamlet; · Land recorded in Town GIS as being greater than 7 acres in size; · Land not in Town GIS database as community facility lands; · Land not in Town GIS database as including wetlands and excessively steep slope areas (greater than 90 percent), dune, beach and/or surface water; · Land not in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database as having an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, idenfifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the exact sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mattituck-Cutchogue Union Free School District 1,972 1071 New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 843 458 Greenport Union Free School District 13 7 Oysterponds Union Free School Dislrict 252 122 Notes: Mattituck-Cutehogue UFSD includes Mathtuck and Cutchogae HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80 and 4.60 for R~200. This yield factor considers loss due to need for roads and recharge facilities and is consistent with other Town program yield calculations and the 208 study demographic siudy of yield based on zoning. Sanding zone parcels are mapped in Figure 4-1 [note: all figures are included in a separate section immediately following the text of this report. A list of parcels designating the proposed sending zone is included in Attachment A; this list includes parcel tax number, zoning and size. 4.2 Receiving Zones Page 14 Town of Southold TDR Program Planning Report Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). In all cases except for Orient, the hamlet was within the HALO zone. The unique configuration and historical or/gin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Ohent. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's end areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable lend in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: · B-business · HB-hamlet business · LB-limited business · RO-residence office · LMight industrial · AHD-affordable housing district · HD-hamlet density · R-40 residential · R-80 residential · A-C agriculture-conservation · R-200 residential · - Oeleted: ...... Page Break pro,ram would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. As a result, use of credits in the LI district would not be possible. Each of the other districts including B, LB, RO, AHD, HD, R-40, R-80, A-C and R-200, all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself and should not be burdened with Town of Southold TDR Program Planning Report purchase of credits which could potentially increase building costs and cost of units thereby defeating the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, end it is recommended that the Town Board consider chenges of zoning to AHD where appropriate based on affordable housing needs and the merits of placing this zoning on a given parcel of lend based on sound planning principles and community needs. This leaves B, LB, RO, HD, R-40, R-80, A-C and R- 200 as potential receiving zones, plus potential future use of a PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the tmderlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Recommended Receiving Zones which are coincident with the HALO boundaries are mapped in Figure 4-2. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory,Dwelling Units, and { nelet~: Residential · Mixed use or flexible zoningdevelopments under potential futura Planned Development District following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes · Apply to B, HB, RO, R-40, R-80, A-C, R-200 zones. ow in zoning district through further subdivision. Pagel6 Town of Southold TDR Program Planning Report · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF. · Consider creation of R-20 zone to establish dimensional requirements for 20,000 SF lot size which does not currently exist. Two-Family Homes · Apply to R-40, R-80, A-C zones. · Allow in zoning district through creation of one structure per lot. · Allow in zoning district through further subdivision. · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF in the R-40 and 40,000 in the R-80 and A-C · Dimensional requirements pursuant to 1.25 times the underlying zone except area which is specified above. Multiple Family Dwellings · Allow in residential zoning district through change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · Town Board locates use based on change of zone which would require use of TDR's. · Dimensional requirements pursuant to HD/HB Detached Accessory,Dwelling Units · Not currently provided for in Town Code; recommend new form of dwelling unit to be allowed in R-40, R-80, A-C and R-200 zones through Zoning Board of Appeals (ZBA) special permit. · Minimum permitted lot size to be 40,000 SF. Planned Development District · Encourage adoption of PDD local law. · Apply to HALO's through change ofzone~Town Board discretion. · Identify lots 5 acres and greater as candidates. · Seek mixed use development with public benefits. · Major public benefit is extinguishing TDRs and providing sewage treatment. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. 4.3 Interrelationship of Land Preservation Programs The TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs listed as follows: Fee Title Land Purchase Pagel7 Town of Southold TDR Program Planning Report · Purchase of Development Rights · Conservation Subdivision Fee title land purchase and PDR are both methods which involve total density reduction of the parcel based on it's potential yield. Conservation subdivision is a partial density reduction technique which results in ~::>; percent density reduction and preservation of percent of the land. This in effect is a creative land use technique that involves a combination of clustering and yield reduction through voluntary yield loss, PDR or other creative tax incentive and owner benefit programs through the assistance of Peconic Land Trust (PLT) and/or other land in no yield reduction{but can retain anywhere from half(a,~' preservation C7,1~ffi~results groups. to two-thirds of a property in open space, d~pendi~m~the final ele~2;:'~ ]?+ ?i?~ In designing the TDR program, strong consideration was given to the interrelationship of these programs. There is a desire to not compete with successful programs that achieve Town goals. There is an awareness that agricultural land has residual value in fanning, aRer the purchase or transfer of development rights, whereas, woodland and non-agricultural areas do not have residential value, except as open space. The Town has primarily directed the PDR program toward agricultural lands, and utilized fee title land purchase more for open space preservation. Once the land is owned, management of open space for passive public recreational use (i.e. hiking, birdwatching, etc.) provides public benefit beyond just maintaining rural character of open space which is achieved in farmland preservation where the land continues in agricultural production. These factors compelled the team to consider agricultural lands as target locations for the use of TDR to supplement the Town PDR program. This allows public funds to be leveraged in a manner that private purchase of development rights frees up funds for continuance of the PDR program to preserve farmland as well as for acquisition of open space. Directing the TDR program toward the larger agricultural parcels ensures several additional important considerations. As noted in Section 4.1, use of TDR to purchase part of an agricultural parcel could provide revenue to pursue development on the balance of the parcel which would be contrary to overall land preservation goals. The TDR program was also felt to be inappropriate for preservation of smaller open space areas which would remain in private ownership with no potential use or value, which could result in maintenance and nuisance issues. Finally, the simplification of the application of the TDR program was considered knowing the commitment of the Town Board toward creating an effective and implemantable program. These factors lead to the identification of land types and target preservation programs as related to Town lands outside of the HALO areas.  Town of Southold , TDR Program Planning Report A flow chart has been prepared in order to understand the interrelationship of these land preservation programs. The chart, included as Attachment A, illustrates the options which landowners have in pursuing either controlled development or total land preservation including TDR. The chart relates to the sending areas and lands outside of the HALO's of the Town and assists in defining the goals of the Town through various land preservation programs as related to parcel size, location, existing use and special district designations. 4.4 Density Limitations in the Receiving Zones Suffolk County Department of Health Services Density Regulations The number of potential sending area credits is computed and listed by school district in Table 4-1. Given the variety of receiving area options for redemption of credits as outlined in Section 4.2, it is difficult if not impossible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with Suffolk County Department of Health Services (SCDHS) requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, this section documents Article 6 density limitations and establishes a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices due to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone 1V allows a 20,000 square foot (SF) minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981 and as a result, any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to the lot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density tmless permitted under the Town Code Accessory apartment provisions and in conformance with the Article 6 exemption which involves no new sanitmy facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occuning after I981 must ,conform to the density provisions of Article 6, provide wastewater treatment~ or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty  ns and site plans. Town of Southold TDR Program Planning Report There are several additional aspects of SCDHS implementation of this program which are important to understand. Suffolk County recognizes that consideration can be given to regional compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns seek land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a ~1:7~ whmh pertains to Transfer of Development Rtghts (Attachment B). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer. Further, the guidance document establishes a limit for parcels receiving transferred density of two-times the density allowed under Article 6. As a result, the HALO areas can not exceed an equivalent of 20,000 SF lots since the minimum lot size required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density from agricultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum lot size would be 10,000 SF. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include previsions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to go to the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and would be a beneficial aspect of this program. This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program coupled with Chapter 117 which permits transfer of Town preserved transfer credits for the purpose of affordable housing ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. Page 20 Town of Southola TDR Program Planning Report SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen beating waste) and therefore density limitations are based on the nitrogen-beating component of the flow. The Suffolk County design flow factors are contained in Attachment C. Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but may be considered as an alternative under the State Environmental Quality Review Act (SEQRA) process which will be conducted for TDR program implementation. 2006 Hamlet Development Model As noted, due to the variety of receiving area options for redemption of credits, itis not possible to determine the actual number of credits that will be used and by what means they will become established in a receiving ama. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. ,In 2006, $t the request of the TowWs Plannine and Zoning Committee* Town staff, a!! of whom are also .members of this TDR program team, prepared a Southo!d Ham!et Development Mode! to explore the feasibility of a TDR program and it's potential impact on hamlets,.,using Southold as a pilot case study~ The goa! of the model wa~ "To qreate a planning model for Southold Hamlet that will prevent undesirable over-development and protect the hamlet's unique qualities, scale and historic character". The model was ,discusse~ with the Southold Hamlet Stakeholders, refined, and then applied to~a!! of S0utho!d Town!s hamlets in order to,estimate the total number of potential TDR credits and the amount of potential farmland preservation Town wide, and the total t~otential number of residential units within each hamlet. ,HALO (rece!v!ng sites)~Meetings were conducted with each of the ,hamlet stakeholder committees ,to discuss the individual hamlet model results and to obtain feedback from these communities. The results were Deleted: presented to the TownBoard. ' ..,'( Deleted: ring area credits. The concept and methodology of the Hamlet Development Model is recommended as a basis ~ establishin~g limitations on the amount of development which can occur within each hamlet. In 2007~, the hamlet development model calculations were, updated to be consistent with the HALO boundaries flnaliy adopted by the T0wn B0ard, and the boundary pendthg for Greenport as of the , date of this report. The Goals, Concept and Methodology associated with the model are ' iDe~et~: contained in Attachment D. In summary, the model calculates the additional density which could be achieved in the HALO areas, based on a hypothetical standard subdivision model of 20,000 SF lots. The total acreage of each HALO was determined, then reduced by removing Town of Southold TDR Program Planning Report unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO; the results are provided for each school district in Table 4-2. TABLE 4-2 POTENTIAL RECEIVING ~REDiTS ] Mattituck-Cutcho~ue UFSD ~6~ New Suffolk CSD Southold UFSD 5~ Greenport UFSD ~ Oysterponds UFSD ~ Notes: Mattituck*Cutchogue UFSD includes Mailituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Ohent HALO's See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- : Each ha~!etwas conceptua!ized as includ!ng both ~evelopm~pt.qn~ open space at a ratio of 70 percent developed area to 30 percent open space. In review of the pilot model run for Southold, the total number of potential credits gave rise to concern that the use of credits I should be monitored and capped at a percentage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS VS. RECEIVING Mattituck-Cutcho~ue UFSD 1071 New Suffolk CSD 0 ~ .~, Southold UFSD 458 Mi Greenport UFSD 7 Oysterponds UFSD 122 ~ ~ Notes: Mattituck-Cutch¢ ueUFSDincludesMattituckandCutchogueHALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's Town of Southold TDR Program Planning Report Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are mom sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be ,achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that the there is a continuing place for PDR as well as Conservation Subdivision. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent ca,t/ and the total [_~e~et~:½_ ................................... j potential receiving zone credits. An annual audit by the Town's Planning Department would maintain ,~;rowth rate by recommending rn~cl~fic~ti0p~ ~S needed. {~let~l: ~owt~er The quantity of existing open space in the HALO's should be reviewed, and for those HALO's where more than 30 percent open space exists, consideration should be given to identifying additional potential TDR redemption strategies. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. Thc use of Planned Development Districts remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects. Parcels in excess of 5 acres located within the HALO boundaries would be target parcels for such development as this size permits buffering and provides sufficient area for potential single or mixed-use projects, and would also provide the potential for location of on-site wastewater treatment facilities such as a Chromoglass m system which can treat up to 15,000 gpd on single and separate parcels in conformance with SCDHS policy and regulations. Parcels of 5 acres or more (according to tax map data) are inventoried as candidate parcels for Planned Development Districts; a map of these parcels is provided as Figure 4-2. Given the ability to buffer such development, provide compatible single or mixed-use projects and provide a means for wastewater treatment, with resultant public benefits, such projects could potential be considered for TDR credit redemption in addition to the HALO area credit cap. The Hamlet Development Model provides communities with the assurance that reasonable density limits will be established in their respective communities. From a land use perspective, the ovemding benefit of TDR is the preservation of land where development is inappropriate  Town of Southold · TDR Program Planning Report (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALO's pmvides opportunity for alternative transportation such as walking and bicycle travel · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above~ is ,a ~tobe responsible form of development which allows the Town to achieve both ~significant land ~ preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate desi~m~ standards and guidelines are established, as per the recommendation in the Hamlet Development Model. 4.5 Program Mechanics Summary Quality Communities Grant This TDR Program Planning Report has been prepared with funding through a New York State Quality Communities Grant. The grant included a work program that identified the basic requirements to be fialfilled. The language included in the work program of the grant is useful in understanding the intent of the Town TDR program: The quest for controlled growth requires creative planning and foresight. Transfer of development rights is just one tool used in the battle to contain sprawl. TDR is the exchange of zoning privileges from areas with low population needs, such as farmland, to areas of high population needs, such as the Hamlet Centers. These transfers allow for the preservation of open space and historic landmarks, while giving the Hamlet Centers areas a chance to expand and experience continued growth. There are three basic elements to a TDR program: the sending district, the receiving district, and the TDR credits themselves. The grant work program includes eleven (11) tasks that must be examined in order to fulfill the grant. A review of these tasks will be used for the purpose of providing a program mechanics summary. The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further Town of Southold TDR Program Planning Report evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work program tasks under the grant are outlined below, and are followed by an examination of program mechanics in a summary form and based on other sections of this report. Examination of Grant Tasks 1. How will the TDR Program work? The program involves designation of sending zones which primarily involve larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to parcel size and potential development yield based on zoning. Applicants would file for recognition of credits associated with a given parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO boundaries associated with each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of SouthoM benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development fights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use which strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. 3. How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand.  Town of Southold ~ TDR Program Planning Report 4. How is the value of the TDR's established? The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, ,developer or investor. 5. Is the program voluntary or mandatory? The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and will facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The Town will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred from are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate program success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. 7. How do I pa[ticipate ifI own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. 8. How do I participate ifI own land in a Receiving Area? A sending area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory ,Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Additional details are provided in Section 4.2 of this report. 10. Where are the Sending Areas located? Deleted:  Town of $outhold 4 TDR Program Planning Report Sending areas are outlined in detail in Section 4.1 and mapped in Figure 4-1 of this report. 11. Where are the Receiving Areas located? Receiving areas are outlined in detail in Section 4.2 and mapped in Figure 4-2 of this report. CONCLUSION q3fis TDR Program Planning Report provides a basis for the Town to move forward with the SEQRA process relating to this action, and to consider public and agency input for additional deliberation by the Town Board in reaching an informed decision on the Town's TDR program. To be completed Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board EXECUTIVE SUMMARY CONTENTS 1.0 INTRODUCTION 2.0 PROGRAM FOUNDATION 2.1 Components of a Successful TDR Program 2.2 Public Need 2.3 Town Objectives 2.4 Background and History of Town TDR and Related Programs 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS 4.0 PROGRAM ELEMENTS 4.1 Sending Zones 4.2 Receiving Zones 4.3 Other Program Components 5.0 PROCESS CONSIDERATIONS 6.0 SUMMARY AND CONCLUSION APPENDICES Town of Southold TDR Program Planning Report Town of Southold TDR Program Planning Report Table 3-1 Table 4-1 Tables School Districts and Hamlets Sending Area Credits by School District Figure 4-1 Figures Page iii Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Development Rights (TDR) Program for the purpose of enhancing the range of tools available for land preservation. ~ Town Board of the Town of Southold is pro-actively involved in advancing this initiative. Asa means of defimng a program that recognizes the complexities of a TDR program in Southold, the Town Board retained an environmental planning consulting firm to coordinate efforts with a team of Town representatives to define the planning parameters for a Southold TDR Program. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the prior Generic Environmental Impact Statement (GELS) for the Southold Comprehensive Implementation Strategy (CIS)] and to facilitate drafting of a proposed Local Law to implement the Program. It is recognized that there are varying opinions on elements of the program. The program contained herein provides recommendations only, based on the judgment of the participants. The team was designed to include Town representatives that recognize the inter-relationships between land preservation programs, data management and the planning and legal process, and would be expected to remain in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed as related to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, final decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. Team participants are listed as follows: Mark Terry, Project Manager John Sepenoski, Data Processing Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Land Preservation Coordinator Leslie Weisman, Member Town ZBA & Chair of Southold Hamlet Stakeholder Committee Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant Town of Southold TDR Program Planning Report The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC (NP&V), consultant to the Town, were used in the preparation of this study. This report constitutes the study's findings and team recommendations resulting from these efforts. The purpose of this report is to define the elements of a Town of Southold TDR Program. It should be noted that, through the TDR Program, the Town seeks to provide an additional mechanism for the preservation of open spaces, without expenditure of public funds. At present, the Town has successful farmland and Woti:!!a~l open space preservation programs underway through the Purcha,~of Development Rights (PDR) program and fee title acquisition of land. ~-~l~ acqui~iti~, lhe Conservation Subdivision program provides a means to reduce density and maximize open space preservation, and Town Planning staff and the Planning Board have used this tool for successful preservation of open space and to ensure alignment of contiguous open space through project review. The Town seeks to continue these programs, but seeks to provide a means to expand programs which provide for total land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance of preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Town of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through I sound land use planning. Since early 2005, the Town Board has had a limited ~ ordinance (Chapter 117) to use as an additional tool in achieving affordable housing goals in tandem with end preservation efforts The TDR mechanism was recommended for widespread use in the Town CIS of 2003 and the Town Hamlet Locus (HALO) Study of 2005. Additional regarding the existing Town TDR law and the prior findings of the Town CIS are subsections of Section 2.0. It is noteworth) mechanism number 12, and the CIS was the subject of a Generic Statement. The Findings of the CIS recognized TDR as a valuable land relocation mechanism subject to further definition of the program. This TDR ] Planning Report and any subsequent SEQRA review builds upon the prior Town of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use sites in established rural areas of the Town ("sending areas"), parcels where appropriate infrastructure, infill potential, reuse lack of environmental constraints are' mechenism whereby services and/or The following sections present additional information on t such a program, the Town-wide objectives to preserve land through TDR. TDR concept, the Town's need for and the history of the Town's efforts 2.1 Components Transfer of Development Rights is defined in t York State Town Law as "... the process by which development rights are one lot, ~ or area of land in a sending district to another lot, parcel, or area ~ districts." This plenning ] tool is used to protect lend were end shift density to more appropriate areas: TDR is a well-established, progressive preserve one or more significant entire community, while at the enabling location more ~ t use tool that has been utilized nationwide in order to time protecting the value of lendowners' property by land to be realized elsewhere in the community, in a A TDR program permits the land. measures to facilitate the or density may be used. units in hamlet areas for a TDR which would retain landowners' equity in their credits can be marketed privately or through municipal support The Town can determine in advance how transferred credits instance, trensferred credits can be targeted for use as residential and planned growth is appropriate and sustainable. In order the Town must identify sending and receiving areas for reduction : in development. Town of Southold TDR Program Planning Report A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups end other stakeholdem. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program: l. Encouraging TDR Sales Successful TDR programs encourage TDR sales by reducing the development potentiaI of the sending sites through zoning incentives, favorable alternatives to development, restrictions, environmental regulations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. Just as sending site owners need to be encouraged to sell their development rights, receivin developers must be motivated to buy TDRs. Developers will only buy TDRs if they can greater profit from a project that uses TDRs. A most important concept is that there sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. a 2. Selecting Receiving Sites One approach is for the community to consider designating village or concentrated development will be encouraged. that are possible in these select areas. where more 3. Facilitating Use ofTDRs After appropriate stakeholder involvement and adoption disclosure, hearings and review processes, most without public hearings or discretionary decisions. This al it gives developers greater certainty over the cost, timing, and: Many communities also facilitate transfers by anyone at any time. In addition, some programs feature seller of TDRs when private transactions become too TDR programs provide ongoing infomaation to the legislation subject to public TI)Rs fTDRs since projects. a commodity, available for sale to ank" which serves as a buyer and Finally, the most successful public, as well as staff support and 4. Building Public Support A successful TDR as a whole needs to understand and accept planning efforts are important in developing the receiving areas) sites. The community Community-wide, comprehensive rograms. In the context of a comprehensive plan, tppropriate (i.e., reserved (i.e., the sending areas). Town of Soulhold TDR Program Planning Report Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDK An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential retum on investment. ~u¢~ an increase in development potential should not excessively concem local government, as the intent of TDR is to locate development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental limitations such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that given water resource limitations, receiving area constraints and a unique real estate market, equal density will have a high probability of success.] This will be examined further in this report and the Supplemental GElS for the Town o[ Southold TDR program. 1 / It is noted that the Town of Southold has made great progress in considering the key elements o~ a successful TDR program. The following steps have been t~kan to date, that will facilitate aX. successful program in the Town of $outhold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the rural areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built community support by assembling stakeholders and conducting the HALO study to determine the &sims and concerns of local residents and identify hamlet centers and surrounding HALO boundaries (receiving sites), resulting in direction on a community~by- community basis to build community support. · The Town has reduced expansion of utilities primarily involving water supply expansion to rural areas, in order to lnaintain a balance of growth potential due to limited water resources, aquifer management and public health safety in coordination with the Suffolk County Water Authority and several prior initiatives including the Water Supply Management & Water Protection Strategy, and adoption of an official Water Map (of water supply extension areas) in 2000 and 2007. The challenges that lie ahead include the following: Town of $outhold TDR Program Planning Report · Defining sending and receiving sites, particularly in view of the myriad of preservation programs currently in use, and the desire to continue a policy of density reduction through purchase of development rights. · Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. · Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. · Ensuring a margin of program success in consideration of SCDHS policy on density transfer. The rcnnainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the Board's ability to preserve land. 2.3 Town Objectives The overall program is intended to ~ ~/eliminate inappropriate development on important lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where suc. h, dfvelopment can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. · The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. · The Town Board acknowledges that agricultural and other rural lands are a significant resource in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, rural atmosphere. · As a result of the Town's efforts, a number of mechanisms are being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. The proposed TDR program is expected to provide the following public benefits: · Protect critical resources associated with sending parcels including rural character, farm and agricultural land use to promote land preservation and environmental protection. ~/ Page 6 Town of Southold TDR Program Planning Report · Provide an increase in the amounts of and diversity of available housing stock for a variety of income levels~including affo~ h0Ps!ng. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use · Promote beneficial design guidelines including nco-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance offue Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing divemified housing to meet Town needs, and promoting appropriate development consistent with good design and planning principles. 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rate and pattem of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of Hamlet Locus (HALO) areas, strengthening of hamlet centers and preservation of mml areas of the Town. The Town CIS TDR component recognized a need to comply with Suffolk County Department of Health Services (SCDHS) sanitary density restrictions and ensuring that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic EIS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also addressed. ~l~ne 2003 report was a broad-based planning study and implementation of many of the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Town of Southold TDR Program Planning Report Appendix A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, studied in the Generic EIS and is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Appendix A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 socioeconomically 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of development rights, capture the development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which evelopment rights are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into a Town Community Preservation Fund, for the purchase of additional lands or development rights, in accordance with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lands in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). I~ Page 8 Town of Southold TDR Progrnm Planning Report The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). Town of Southold TDR Program Planning Report 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. The TDR program is viewed as an important tool to assist with preservation efforts of land outside of the HALO areas, which would shift a limited number of development rights to each of the hamlets in the Town of Southold. Overall, the program involves establishing "sending areas" which would enable a landowner to obtain TDR credits for land to be preserved through the density transfer. Receiving zones would be established through the designation of HALO areas; these would represent locations where TDR credits would be redeemed to allow additional development in the HALO that would not otherwise have been permitted absent the credit redemption. It is contemplated that sending and receiving areas would be within the same school district and that the program would provide an additional preservation tool (with resultant density shift) under a voluntary program. The Town HALO study of 2005 provided a basis for defining the hamlets. The Study involved participation of stakeholders from each hamlet and allowed residents and business owners to identify and promote features that contribute to the unique identity of their communities. Through the Town Planning Office, follow up meetings were conducted with stakeholders of each individual hamlet to introduce the planning rationale for a Town-wide TDR program. For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Mattitack-Cutchogue Union Free School District Mattituck and Cutchogue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southold Union Free School District Southold and Peconic; New Suffolk (8-12) Greenport Union Free School District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greeport (9-12) During the summer and fall of 2006, the Town developed a Hamlet Development Model for each hamlet to explore the density that would occur under certain assumptions. The Model served the purpose of establishing parameters for increased density of the hamlets. The intent was to allow communities to better understand the implications of density transfer and provide input to be considered in establishing open space targets and determining a "cap" on the maximum number of additional development rights and resultant residential units that would be acceptable within I~ Page 10 Town of Southold TDR Program Planning Report the hamlets. The potential density was determined by applying 20,000 square foot (SF) lot yield to the total HALO acreage after removing unbuildable lands (wetlands, community facility/infrastructure lands, existing protected lands), lots of less than ~A acre in size and a factor of 15 percent for loss due to roads and recharge. Meetings were held during August through September of 2006 with the hamlet stakeholder committees to review the results and obtain feedback. The program was found to be feasible and stakeholders recognized the benefits that would accrue to the Town through the transfer of density. Stakeholders expressed concern over ensuring a cap that is appropriate for each hamlet, and the form that development would take within the hamlets. This lead to a cap, which was a percentage of the total potential TDR units. The form of development was intended to be addressed through further study of the specific design standards to address qualities of scale and character unique to each hamlet. The ohginal Model was based on earlier geography of the HALO boundaries. Based on the Tovm Board and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an altemative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential mits, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone can be considered on a case-by-case basis. · Each hamlet will retain open space, with a goal of 30 pement within hamlets, devoted to both pubic use and visually open public and private space. At this time, the Town has formally adopted the HALO boundaries for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the Hamlet Locus areas and the program components noted above provides a basis for fu~her efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. Town of Southold TDR Program Planning Report 4.0 Program Elements 4.1 Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. The general concept is to specify areas where new [e~id~tia1 d~xe!0pmen? !~ [0 he dis?~ged due to agricultural use, ifi~Stimeture ~ mpp~ ~a,qelo~, For S09th~!d Town, areas 09tsicl~ ?f th~ ham!ets ar~ being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary and has been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far I Southold has been successful in using land transfer tax monies and bonds for this propose. Additional preservation tools are needed to leverage public funds with private investment, which would achieve the ~am~ result of land preservation in the sanding areas, with managed dansity I increases in the receivin~ areas/ Th~ T~wn and C~t~nt,/~ls~ us~s Outright purchase Of fee title lands, and has found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lands. This understanding helps to target the application of a TDR program and identification of sending areas. Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning disthcts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservatiun (A-C) and is in farm use or has bean farmed in the past and contains suitable prime farm soils. Given the allowable density of 1 dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered around ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficiant number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that In~X~a,a~fi~ ~o~!~ are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be actively farmed. In order to ansure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatmant is provided) must be observed. Town of Southold TDR Program Planning Reporl The sending area identification process began by eliminating land ' i ! i i · Land in hamlet and HALO areas · Land not subdividable (single and separate lots of less than the minimum zoning acreage) · Unbuildable land (wetlands, dune, beach, surface water, excessively steep slopes) · Existing community facilities (lands in pubic ownership, used for public purpose) · Land currently protected through prior PDR, acquisition or conservation subdivision The remaining land area included all buildable, subdividable, unprotected, non-community facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas. It was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Discussion regarding including farmland, non-farmland, or both as sending zones were conducted. Given the targeting of non-farmland for, fee title preservation, and the lack of residual income potential fi.om non-farmland, it was felt that£e~ ti~!~ ac0u~sitipn:w~u[d h_e.m9~ ~ appropriate for continued,acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as S~dihg hreas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in more detail in Section 4.2. An additional discussion centered around how to designate farmland for the purpose of sending areas. There are various farmland strategies of the Town and these have resulted in a listing of parcels and GIS inventory observed to be actively farmed. In reviewing this inventory, it was soon evident that there was too much room to debate whether parcels were actively farmed, fallow, how long they were fallow and if they could potentially be retumed to farm use. It was also evident that maintaining an updated inventory for the purpose of designation of specific sending parcels was logistically not possible. An alternative means of designation of farmland was sought. The Town has a Agricultural District designation, which is a recorded parcel status for the purpose of tax relief. Active farms seeking tax relief are designated through Agricultural District status. The inventory is in GIS and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Aghcultural District parcel inventory was believed to be the most appropriate method of designating farm status sending parcels.. Extensive discussion was held regarding whether transfer of part of the development rights fi.om a given parcel was appropriate. A major concem was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to preservation goals. In addition, the logistics of identifying what part of a parcel rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it concluded that for the initial program partial transfer would not be recommended; Town of $outhold TDR Program Planning Report however, if in the future an Agricultural (AgPDD) were created, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels which meet all of the following criteria: · Land not in a designated HALO or hamlet; y · Land recorded in Town GIS as being greater than 7 acres in size; ~ · Land not in Town GIS database as community facility lands; f _ _ · Land not in Town GIS database as including wetlands and ~esSi~?'~p/$~ areas ~greater than 90 percent), dune, beach and/or surface water; [ ..... · Land not in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database as having an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds which includes 41 acres of R-200 (200,000 SF minimum lot size for y/eld). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the ~.~xact sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mathtuck-Cutchogue Union Free School District 1071 1071 New Suffolk Common School District 0 0 Southold Union Free School District 458 458 Greenport Union Free School District 7 7 Oysterponds Union Free School District 122 ~ Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80 and 4.60 for R-200. This yield factor considers loss due to need for roads and recharge facilities and is consistent with other Town program yield calculations and the 208 study demographic study of yield based on zoning. Town of Southold TDR Program Planning Report Sending zone parcels are mapped in Figure 4-1 [note: all figures are included in a separate section immediately following the text of this report. A list of parcels designating the proposed sending zone is included in Attachment A; this list includes parcel tax number, zoning and size. 4.2 Receiving Zones Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogne, New Suffolk, Peconic, Southold, East Marion and Orient (Cn'eenport is pending). In all cases except for Orient, the hamlet was within the HALO zone. The unique configuration and historical origin of 0rient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not beating one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning disthcts in the hamlets that could potentially receive credits. These include: · B-business · HB-hamlet business · LB-limited business · RO-residence office · Ll-light industrial · AHD-affordable housing district · HD-hamiet d~nsity · R40 residential · R-80 residential · A-C agricultare-conservation Page 15 R-200 residential Town of $outhold TDR Program Planning Report For the purpose of this program, it was determined that a simple and implementable initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. As a result, use of credits in the LI district would not be possible. Each of the other districts including B, LB, RO, AHD, HD, R40, R-80, A-C and R-200, alt allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself and should not be burdened with purchase of credits which could potentially increase building costs and cost of units thereby defeating the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board consider changes of zoning to AHD where appropriate based on affordable housing needs and the merits of placing this zoning on a given parcel of land based on sound planning principles and community needs. This leaves B, LB, RO, HD, R-40, R-80, A-C and R- 200 as potential receiving zones, plus potential future use of a PDD local law. Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Residential Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District Town of Southold TDR Program Planning Report The following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes · Apply to B, HB, RO, R-40, R-80, A-C, R-200 zones. · Allow in zoning district through further subdivision. · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF. · Consider creation of R-20 zone to establish dimensional requirements for 20,000 SF lot size which does not currently exist. Two-Family Homes · Apply to R-40, R-80, A-C zones. · Allow in zoning district through creation of one structure per lot. · Allow in zoning district through fuflher subdivision. · Use TDR code to permit such development by application to the Planning Board. · Minimum permitted lot size to be 20,000 SF in the R40 and 40,000 in the R-80 and A-C zones. · Dimensional requirements pursuant to 1.25 times the underlying zone except area which is specified above. Multiple Family Dwellings · Allow in residential zoning district through change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · Town Board locates use based on change of zone which would require use of TDR's. · Dimensional requirements pursuant to HD/HB Detached Accessory Residential Dwelling Unit · Not currently provided for in Town Code; recommend new form of dwelling unit to be allowed in R-40, R-80, A-C and R-200 zones through Zoning Board of Appeals (ZBA) special permit. · Minimum permitted lot size to be 40,000 SF. Planned Development District · Encourage adoption of PDD local law. · Apply to HALO's through change of zone, therefore Town Board discretion. · ldentify lots 5 acres and greater as candidates. · Seek mixed use development with public benefits. · Major public benefit is extinguisl~mg TDRs and providing sewage treatment. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. ~RT~ TOWN OF SOUTHOLD TRANSFF~R OF DI~VF~OPMRNT RIGllTS PROGRAM AS A SUPPLEMENT TO THE GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE SOUTHOLD COMREHENSIVE IMPLKMENTATION STRATEGY TOWN OF SOUTHOLD SUFFOLK, NEW YORK APRIL 2008 DRAFT GENERIC ENVIRONMENTAIJ IMPACT STATEMENT TOWN OF SOUTHOLD TRANSFER OF DEVELOPMENT RIGHTS PROGRAM as a SUPPLEMENT to the GENERIC ENVIRONMENTAL IMPACT STATEMENT for the SOUTItOLD COMPREHENSIVE IMPLEMENTATION STRATEGY Town of Southold Suffolk County, New York Town Board of the Town of Southold (SEQRA Lead Agency) Supervisor, Hon. Scott A. Russell Justice Louisa P. Evans Councilman William P. Ruland Councilman Thomas H.Wickham Councilman Vincent M. Orlando Councilman Albe~t J. Krupski, Jr. Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Contact: Charles J. Voorhis, CEP, AICP (631) 427-5665 Prepared by: Town TDR Program Team Patricia A. Finnegan, Esq., Town Attorney John Sepenoski, Deputy Supervisor Mark Terry, Town Principal Planner Melissa Spiro, Town Land Preservation Coordinator Leslie Weisman, Member, Town ZBA & Chair, Town Hamlet Stakeholder Committee April 2008 Pagei Town of Southold Transfer of Development Rights Program Draft Sdpplemental Generic EIS TABLE OFCONTENTS COVER SHEET Page i TABLE OF CONTENTS ii SUMMARY 1.0 DESCRIPTION OF THE PROPOSED ACTION 1.1 Purpose, Need and Benefits of the Proposed Action 1.1.1 Background and History 1.1.2 Public Need and Municipality Objectives 1.1.3 Benefits of the Proposed Action 1.2 Location of the Proposed Action 1.3 Description of the Proposed Action 1.3.1 Overview 1.3.2 Program Implementation 1.3.2.1 Sending Areas 1.3.2.2 Receiving Areas 1.3.3 Program Mechanics 1.4 Permits & Approvals Required 1-1 1-2 1-2 1-3 1-4 1-5 1-5 1-5 1-9 1-9 1-12 1-16 1-17 2.0 EXISTING ENVIRONMENTAL CONDITIONS 2.1 Geological Resources 2.1.1 Surface Soils 2.1.2 Topography 2.2 Water Resources 2.2.1 Groundwater . 2.2.2 Surface Water and Drainage 2.3 Ecological Resources 2.4 Transportation Resources 2.5 Land Use, Zoning and Plans 2.5.1 Land Use 2.5.2 Zoning 2.5.3 Land Use Plans 2.6 Community Services 2.7 Community Character 2.7.1 Visual Resources 2.7.2 Cultural Resources 2.8 Socio-Economic Conditions 2-1 2-1 2-1 2-2 2-2 2-2 2-2 2-4 2-4 2-5 2-5 2-5 2-6 2-6 2-7 2-7 2-8 2-8 3.0 SIGNIFICANT ENVIRONMENTAL IMPACTS 3.1 Geological Resources 3.2 Water Resources 3-1 3-3 3-3 3.3 3.4 3.5 3.6 3.7 3.8 3.9 Ecological Resources Transportation Resources Land Use, Zoning and Plans Community Services Community Character Socio-Economic Conditions Cumulative Development Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 3-9 3-10 3-12 3-13 3-14 3-15 3-16 4.0 MITIGATION MEASURES 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 Geological Resources Water Resources Ecological Resources Transportation Resources Land Use, Zoning and Plans Community Services Community Character Socio-Economic Conditions Cumulative Development 4-1 4-2 4-2 4-2 4-4 4-4 4-5 4-5 4-6 4-6 5.0 ADVERSE IMPACTS THAT CANNOT BE AVOIDED 5-1 6.0 GROWTH-INDUCING ASPECTS 6-1 7.0 ALTERNATIVES 7.1 No Action 7.1.1 Description of Alternative 7.1.2 Assessment of Compliance with Town Goals & Impacts 7.2 Density Transfer Incentive 7.2.1 Description of Alternative 7.2.2 Assessment of Compliance with Town Goals & Impacts 7.3 Use of Open Space as Sending Areas 7.3.1 Description of Alternative 7.3.2 Assessment of Compliance with Town Goals & Impacts 7.4 Non-Residential Credit Redemption 7.4.1 Description of Alternative 7.4.2 Assessment of Compliance with Town Goals & Impacts 7.5 TDR Bank 7.5.1 Description of Alternative 7.5.2 Assessment of Compliance with Town Goals & Impacts 7-1 7-1 7-1 7-1 7-3 7-3 7-3 7-6 7-6 7-6 7-8 7-8 7-8 7-11 7-11 7-11 TABLES 1-1 3-1 4-1 7-1 Sending Area Credits by School District Summary of Anticipated Impacts Summary of Mitigation Measures Commercial Credit Equivalency Schedule 1-12 3-4 4-3 7-9 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS APPENDICES: A B C D Findings Statement, CIS, Town Board, date Planning Report to the Town Board, TDR Program, updated 3-26-08for DSG£1S EAF Part 1, Town Board, date Positive Declaration, Town Board, date Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS TDR PROGRAM PLANNING REPORT AND SGE1S SUMMARY Summary of Proposed Action The proposed project is the creation of a Transfer of Development Rights ("TDR") Program for the Town of Southold. A Draft Supplemental Generic Environmental Impact Statement ("DSGEIS") has been prepared for the Southold Town Board as lead agency, to analyze the potential impacts of an amendment to the Southold Town Code to implement a voluntary TDR program (the "proposed action") to permit and facilitate private transactions that would shift development from agricultural lands in the Town ("sending areas") to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones referred to as "receiving areas"). The program would not increase net density, as I transferred credit is proposed to equal 1 receiving credit. A variety of unit types would be considered in hamlet areas; this would be change the resulting demographics depending upon unit type since fewer large homes would be built in rural areas and logically, any unit types received in the hamlets would include smaller and/or multiple-family units. In addition, the proposed action would include a "cap" on the number of units that can be received in the HALO zones to maintain a careful balance of existing community character and ensure compliance with density limitations of the Suffolk County Department of Health Services ("SCDHS"). The proposed action considers implementation of an important planning and program tool described and recommended in the numerous planning studies undertaken within the Town over the past 20 years. Objectives of the Project The Town's "objectives" in this case, are the previously stated Town goals: · To preserve land including farmland, open space and recreational landscapes · To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. · To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resoumes back to their previous quality. · To preserve and promote a range of housing and business opportunities that supports a socio- economically diverse community. · To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. How the TDR Program Works The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Areas associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. ~ Summary Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. To participate, a sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the furore when the Town Board enacts a PDD local law. Potential Adverse and Beneficial Impacts There are six (6) key factors which are expected to significantly limit the potential for impacts with respect to new development in hamlet areas, noted as follows: 1. The proposed action is voluntary on the part of both landowners that choose to sell development rights from sending parcels and those that wish to advance a land use project involving purchase and redemption of development credits in a receiving area. 2. The proposed action is to create legislation that would establish a TDR program in the Town of Southold; the action does not authorize actual land use, as any development which would use transferred credits would be subject to individual site plan and/or subdivision review for the specific land use application that would involve the redemption of transferred credits. As a result, further review would occur on a site-specific, project-specific basis. This document is a Supplement to a Generic ElS that identified this program as potentially beneficial, and as is required under SEQRA, analyzes the potential impacts associated with the creation of this legislation. The analysis is by necessity generic and can not anticipate all site-specific or project- specific impacts. Each future action which proposes to redeem transferred credits must be evaluated in terms of conformance to the Statement of Findings that will be generated on the Supplemental GEIS record, and a decision made if the project is consistent with the Findings and/or if there are potential impacts which have not been adequately addressed. 3. There is a limit on the amount of new residential development which would be received in the hamlets, primarily as a function of the need to comply with Article 6 of the Suffolk County Sanitary Code. 4. Hamlet growth will be monitored through program implementation to ensure that open space remains in hamlet areas, and development occurs in a manner that is consistent with design goals of the Town. ~ Summary Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS Development will take the form of small incremental increases as a result of the various options for redemption of credits in receiving zones, specifically, options include: · Single Family Homes through limited density increases of new subdivisions; · Two-Family Homes through creation of such homes where appropriate; · Multiple Family Dwellings where appropriate and subject to Town Board change of zone. · Detached Accessory Dwelling Units associated with existing homes, and · Mixed use or flexible zoning developments under potential future Planned Development District Purchase of development rights and outright land purchase programs will continue, thus continuing to reduce density and potential impacts of land development primarily outside of hamlet areas. A summary of potential adverse and beneficial impacts is included in Table 1 at the end of this sununary. It should be noted that this proposed action does not propose any development, construction or growth; it has been formulated specifically to control the amount and pattern of future growth expected in the Town. In this sense, the prospect that the Town will experience growth is inevitable - it is the control of this growth and how it is accomplished that is the thrust of the TDR program. The proposed action is simply intended to channel expected growth into appropriate areas while reducing the amount of this growth in areas which the Town Board, based upon numerous prior plans and studies, proposes to preserve and protect, and to minimize the potential impacts of this growth on the environment. Obviously, relocation of growth to hamlets and commercial centers will increase the amount of and need for infrastructure improvements in these areas, if such are not already present or prove inadequate. These improvements include sanitary, water supply and drainage systems, roadway improvements, increased community services capacities (solid waste handling, energy supply, public transportation, parking, etc.). In addition, increased populations may increase the potential for changes in need for and types of commercial businesses, particularly if these population changes include shifts in age and/or income distribution. The proposed Town Board action would provide an increased level of protection for agricultural land and open space and the rural qualities of the Town associated with these uses, while maintaining the capability of these privately-held properties tO provide a reasonable economic return. Residential units would be available for development as transferred development rights or credits, to be used in designated receiving areas. In consideration of the foregoing, it may be concluded that the proposed action is not expected to result in a significant adverse change in the growth potential in the Town and that changes would be beneficial as a result of better conformance to land use plans and location of growth in more appropriate locations. Summary of Mitigation The smnmary of impacts includes the identification of six (6) factors that present a potential for adverse impacts. These are a form of mitigation that are inherent in the TDR program. A brief table of additional mitigation measures is included in Table 2 at the end of this summary document. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Alternatives Considered The following alternatives are considered in detail in the DSGEIS: 1. No Action - assumes that the proposed action is not implemented. 2. Density Transfer Incentive - assumes that development credits are increased when transferred to a receiving area. 3. Use of Open Space as Sending Areas - assumes that farmland combined with open space (non- agricultural and/or wooded lands) or open space alone are established as sending areas. 4. Non-Residential Credit Redemption - assumes that development credits can be redeemed for non- residential use. 5. TDR Bank - assumes the Town establishes a method for purchase and re-sale of transfer credits. Next Steps and Approval Process The Town Board has received and approved the TDR Program Planning Report for the purpose of commencing review under the State Environmental Quality Review Act ("SEQRA"). This DSGEIS for the TDR program provides an opportunity for further review by the Town Board, the public and involved agencies. The DSGEIS will be the subject of a public hearing and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. After completion of a FSGEIS, a 10-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. The Town Board will consider the SGEIS record and Statement of Findings on the TDR program prior to any decisions on legislative changes, policy or Town management/implementation associated with the proposed action. The Town Board is the primary and, in effect, the only board that has approval authority to implement the program. As necessary, the Board will direct preparation of legislation by the Town Attorney and follow proper hearing, notice and filing requirements prior to enacting legislation. This document is intended to comply with the SEQRA requirements as administered by the Town Board of the Town of Southold. In conclusion, Southold Town has been progressive and successful in planning efforts to preserve farmland and maintain the character and quality of the Town. The Town has considered TDR as a useful tool to help achieve planning goals. The TDR program differs from other preservation programs in that it would not eliminate development potential, but would shift the location of development to appropriate locations in the Town which have been identified through previous studies. The program also differs in that expenditure of public funds is not necessary. The use of TDR credits would therefore preserve farmland and locate an equivalent density to the yield of a parcel in a hamlet area where infrastructure exists. This allows public funds to go farther in achieving total preservation goals through continued use of PDR. This form of development would also achieve a greater level of sustainability since it would promote various forms of residential development (not only single family homes) in areas where residents may live, work or seek recreation using multiple forms of transportation (walking, biking, car pooling, public transportation). ~ Summary m,~o~. ~,~. ~,_~,~ Page 4 Transfer of Development Rights Program Draft Supplemental Generic ElS Table 1 SUMMARY OF ANTICIPATED IMPACTS Reqource ,, Beneficial Impacts Potential Adverse Impacts · Would preserve existing farmland on Sending sites, and eliminate development · Would result in clearing and grading in Geological Resources potential from these properties. HALO areas for development resulting from · Would retain agricultural soils on existing farmland parcels, density shift. · Would use public water supply in HALO · Would eliminate increase in groundwater withdrawals in rural areas, areas and not in sending area locations. Water Resources · Would eliminate discharge of sanitary effluent in sending areas. · Would locally increase nitrogen load in HALO areas through transfer conforming to Article 6, with reduced load in sending areas. · Would eliminate clearing of natural vegetation and habitat loss in rural areas. · Would decrease natural vegetation and habitat Ecological Resources · Would enable preservation of existing agricultural land in large contiguous blocks, acreages in HALO areas for those parcels with less fragmentation of farmland open space, which currently possess such characteristics. · Would minimize potential increase in traffic and congestion in rural areas. · Would generate traffic in HALO areas with Transportation · Would place additional density in areas where road systems and infrastructure reduced traffic generation in sending areas; Resources exists. HALOs are more walkable and promote use · Would encourage pedestrian activity and use of alternative forms of transportation, of alternative transportation. · Would maintain rural land use patterns. · Would provide for diversity of housing types in HALO areas, which would Land Use, Zoning & otherwise not be possible. · No adverse impacts expected. Plans * Would establish conditions to address affordable housing needs. · Would minimize potential for "sprawl" pattern of growth. · Would conform with land use plans. · Would eliminate potential increase in rural development, with associated reduction · Would result in need for community services Community Services in impacts to rural services, and infrastructure in HALO areas, with · Would eliminate need to expand or increase infrastructure services in rural areas, reduced demand in sending areas; HALOs can · Would protect watersheds and wellfields (existing and proposed), more readily provide infrastructure. · Would maintain the existing high aesthetic quality of the hamlet areas. · Would result in more development in HALO Community Character · Would strengthen consumer base for business interests in hamlets, adding to areas, with resultant reduction of development character and vitality of hamlets, in sending areas; HALO development would · Would stimulate increase in social interaction, adding to fabric of community, be varied and potentially smaller in unit size. Socio-Economics · Would increase taxes generated in the Town. · Would necessitate costs to provide services to · Would stimulate establishment of new business in HALO areas, the HALO development. Town of Transfer of Development Rights Program Draft Supplemental Generic EIS Table 2 SUMMARY OF MITIGATION MEASURES Resource Potential Adverse Impacts Mitigation Measures Geological Resources * Would result in clearing and grading in HALO · No significant unique features exist; clearing and grading will be localized to specific areas for development resultin~ from density shift, project sites; site plan and subdivision review wil~ minimize potential impacts. · Would use public water supply in HALO areas Public water will be supplied by the Suffolk County Water Authority in conformance with and not in sending area locations. * the approved water map; hamlet locations are identified as appropriate water supply areas. Water Resources I · Would locally increase nitrogen load in HALO · A model was used to ensure that the average density of new development will not exceed areas through transfer conforming to Article 6, I with reduced load in sendin~ areas. Article 6 limitations based on 20,000 SF lots. · HALO areas generally are suitable for development due to the current land use pa~ern; · Would decrease natural vegetation and habitat current activity levels preclude the presence of unique or sensitive wildlife species; impacts Ecological Resources acreages in HALO areas for those parcels which would be localized to specific projects sites and site plan and subdivision review would be currently possess such characteristics, used to ensure that significant adverse impact will not occur. · Though traffic would increase in some areas, it is noted that density is transferred from · Would generate traffic in HALO areas with other locations within the hamlet and many of these trips would exist on area roads; Transportation reduced traffic generation in sending areas; development in hamlets is encouraged for walkabi]ity shared parking and trips and use of Resources HALOs are more walkable and promote use et' public transportation where available; individual land use proposals will be subject to site alternative transportation, plan and subdivision review for site access geometry, sight distance and traffic impacts which can be mitigated once a problem is identified. · The proposal would implement the Towns intended land use pattern through zoning law Land Use, Zoning & · No adverse impacts expected, measures in conformance with past land use plans and studies; land use can be monitored Plans and adjustments made if found to be necessary. · Service providers would experience small incremental increases in demand over a long · Would result in need for community services and period of time and as a result, providers would have time to anticipate and serve Community Services infrastructure in HALO areas, with reduced community needs; it is noted that the TDR program anticipates equal density between demand in sending areas; HALOs can more transfer and receiving areas and would not increase density. readily provide infrastructure. · Existing infrastructure is more prevalent in the hamlet areas and therefore better able to accommodate localized land use projects which redeem development credits. · Would result in more development in HALO * Communities participated in planning during the hamlet study and in the fall of 2006 when areas, with resultant reduction of development in the Hamlet Density Model was discussed; a limit on development that will be monitored will be used to control density and assist in addressing community character; community Community Character sending areas; HALO development would be use will be subject to small incremental changes over time and as a result can accommodate varied and potentially smaller in unit size. reasonable use throu~a equal density transfer. · The program anticipates equal density with no increase in what is permitted under f~ll build out Townwide; the TDR program is voluntary which is a mitigation in itself; the program Socio-Economics · Would necessitate costs to provide services to the HALO development, provides options to landowners wishing to preserve agricultural use, and will be used to supplement the PDR program; increased service demand will be addressed by utility providers in accordance with their charters, these providers will regain costs through rates. Summary Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 1.0 DESCRIPTION OF THE PROPOSED ACTION This document is a Draft Supplemental Genetic Environmental Impact Statement ("DSGEIS") prepared for the Southold Town Board as lead agency, to analyze the potential impacts of an amendment to the Southold Town Code to implement a voluntary Transfer of Development Rights ("TDR") program (the "proposed action") to permit and facilitate private transactions that would shift development from agricultural lands in the Town to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones). The program would not increase net density, as 1 transferred credit is proposed to equal 1 receiving credit. A variety of unit types would be considered in hamlet areas, which would actually be expected to decrease density, since fewer large homes would be built in rural areas and logically, any unit types received in the hamlets would include smaller and/or multiple-family units. In addition, the proposed action would include a "cap" on the number of units that can be received in the HALO zones to maintain a careful balance of existing community character and ensure compliance with density limitations of the Suffolk Cotmty Department of Health Services ("SCDHS"). The proposed action considers implementation of an important planning and program tool described and recommended in the numerous planning studies undertaken within the Town over the past 20 years. These studies, plans and recommendations were recently (2002-03) reviewed in terms of current needs and Town goals, in order to achieve the Town's vision as articulated in those plans. That review, known as the Southold Comprehensive Implementation Strategy ("CIS"), found that many of the newer planning documents reiterated recommendations of prior Town plans and studies, resulting in much consistency between studies and the goals of the Town over the years. It should be emphasized that the proposed action involves primarily legislative changes, with no specific physical changes proposed. This DSGEIS describes and discusses the concepts behind the proposed Town Code amendments and the potential impacts of its implementation (including the impacts of development conducted in conformance with them). [A useful summary of anticipated impacts is provided in Section 3.0, Table 3.1.] This document also discusses the features of the amendment that would tend to mitigate those impacts and includes other pertinent sections required in an EIS. As required by the NYS Environmental Quality Review Act ("SEQRA"), the potential environmental impacts associated with the CIS were determined, described and analyzed in a GEIS, and a Findings Statement was prepared (see Appendix A). As noted above, this document is a supplement to that prior GEIS. The planning tool that is the subject of this document is known as Transfer of Development Rights, or TDR Program. The Town seeks to make use of a land use tool whereby sites in established rural areas of the Town ("Sending Areas"), would shift density to target hamlet parcels within the respective hamlet zones where appropriate infi'astmcture, infill potential, reuse potential, public services and/or lack of environmental constraints are present ("Receiving Areas"). TDR is an appropriate tool for preservation of farmland and envisions shifting density to appropriate areas, thereby providing a means for land protection without the resulting public cost of purchasing the development rights. Receiving areas can include limited density increases Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS in subdivisions, multiple-family housing, detached accessory residences and potentially through Planned Development District ("PDD") in areas referred to as HALO zones. In addition, the Town's TDR program will be consistent with the Suffolk County TDR policy, which recognizes that groundwater protection needs are served when land is protected in a sending area, and controlled increase in density is permitted at a receiving site. The County policy has been reviewed and is incorporated into this Strategy. A PDD local law is recognized as a way to promote compatible land use projects through zoning and land use flexibility for well-designed projects that provide special public benefits such as affordable housing, community investment, redemption of transferred development rights and other creative land use benefits. This DSGEIS will be subject to the full procedures of Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 617, providing a proper and complete forum for interagency review and public comment on the proposed action. 1.1 Purpose, Need and Benefits of the Proposed Action 1.I.1 Background and History The proposed action considers implementing one of the planning and program tools and measures recommended in the CIS. The CIS included a review of 19 plans and studies and found much consistency in their recommendations. The CIS contains a detailed listing of the recommendations of each of the 19 studies, then indicated the conflicts, definitions, implementation tools and needs associated with the recommendations for each of the goals, then collated and summarized the 19 sets of conflicts, tools, etc. Finally, the CIS combined and collated the recommendations; ultimately, there were a total of 43 different recommendations. The use of TDR was recommendation #12 as contained in the CIS. Recommendations of the CIS are considered by the Town Board for implementation; these changes would be provided to better implement the Town's Comprehensive Plan. As noted previously, the proposed action involves legislative changes, with no specific physical changes within the Town proposed. The Town's objectives in focusing on these goals are two-fold: 1) to maintain the unique cultural and historic sense of place found within Southold's communities, and 2) to maintain the high quality of the Town's environmental resources. The proposed action will provide a means to ensure that these Town goals will be achieved through a comprehensive, well-established and well-considered land use decision-making framework. The TDR mechanism was also recommended in the Town Hamlet Study (which was prepared in 2005 as a result of Recommendation #31), and was implemented in early 2005. However, that ordinance was enacted primarily to provide for affordable housing. In order to provide the ability to use the TDR concept to implement non-affordable housing as well, the Town Board determined to design and enact a program that would make use of the TDR Program attractive to landowners and developers, while continuing to maintain equity and adhere to the goals of the CIS. Page 1-2 Town of Southold Transfer of Development Rights Program Draft SOpplemental Generic ElS The Town Board is pro-actively involved in advancing this proposed action. As a means of defining this program, the Town Board retained an environmental planning consulting firm to coordinate planning efforts with a team of Town representatives (that was formed to oversee the design of the proposed action). The program as recommended by the team is outlined in Section 1.3.1 of this document, and the full content of the "TDR Planning Report to the Town Board" is contained in Appendix B, and is intended to provide a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the program. Team members include: · Mark Terry (Town Principal Planner and Project Manager) · John Sepenoski (Town Data Processing) · Patricia Finnegan, Esq. (Town Attorney) · Melissa Spiro (Town Land Preservation Coordinator) · Leslie Weisman (Member, Southold Town ZBA & Chair of Southold Hamlet Stakeholder Committee) · Charles Voorhis, CEP, AICP (Nelson, Pope & Voorhis, LLC; Consultant) The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance. Other Town staff and resources of Nelson, Pope & Voorhis, LLC (NP&V) were used. The proposed action provides recommendations only, based on the judgment of the team members. The team was designed to include Town representatives who recognize and appreciate the inter-relationships among land preservation programs, data management, smart growth planning principles, and the planning and legal process, and would be expected to continue in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various recommendations is discussed relative to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues that remain are identified and studied as alternatives in this document. While recommendations and guidance are provided herein, final decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. The proposed action was considered in a Part I EAF and the Town Board adopted a Resolution to assume lead agency status and require this Supplemental GEIS (see Appendices C and D). 1.1.2 Public Need and Municipality Objectives As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code in combination with the hamlet receiving areas outlined in the Hamlet Study, to enhance the Board's ability to preserve land while promoting sustainable hamlet development without Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS' significant impact to those qualities which have made the hamlets so attractive and beneficial to the Town. Through the proposed TDR Program, the Town seeks to provide an additional mechanism for the preservation of farmland without expenditure of public funds. At present, the Town has successful farmland and open space preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. In addition, the Conservation Subdivision program provides a means to reduce density and maximize open space preservation. The Town seeks to continue these programs, but seeks to provide a means to expand programs that provide for land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") fi.om the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance between preservation, density shift and ability of the hamlet areas to absorb density, while maintaining the character and qualities valuable to the residents of Southold, are key elements of the overall program. 1.1.3 Benefits of the Proposed Action The proposed TDR program is expected to provide the following public benefits: · Protect critical resources such as rural character, farm and agricultural land use associated with sending parcels, to promote land preservation and environmental protection. · Provide an increase in the mount of diverse housing stock for a variety of income levels. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infi'astmcture, controlled in-fill development, reduction in vehicle trip ends, and increase hi inter-modal transportation oppommities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use areas. · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protec! critical and valuable resources while helping to address the housing and social needs of the Town. · Facilitate land preservation without the expenditure of public funds. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS diversified housing to meet Town needs, managing limited resources, facilitating appropriate infrastructure in hamlet areas and promoting appropriate development consistent with good design and planning principles. 1.2. Location of the Proposed Action The proposed action would potentially affect lands designated by this action either as Sending Areas or Receiving Areas. Figures contained in Appendix B depict these areas. Appendix B also includes a list of the tax lot numbers for the Sending Areas. 1.3 Description of the Proposed Action 1.3.1 Overview Use of the TDR concept as a way to better control the rate and pattern of growth in the Town (as well as to minimize potential adverse land use impacts) was recommended in the CIS. The Town CIS provided additional guidance regarding TDR as related to SCDHS regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of HALO areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply with SCDHS sanitary density restrictions and ensure that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Generic ElS for the Town CIS included an assessment of potential impacts related to TDR, which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to balance preservation with land values and to ensure that affordable housing needs are also addressed. The 2003 report was a broad-based planning study and implementation of many of the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town CIS, was studied in the Generic ElS, and is under ongoing consideration by the Town Board. This TDR Program Report recognizes PDD legislation as a tool that can assist in the use of TDR credits, as did the CIS. Page 1-5 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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 socioeconomically 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 sanituryflow 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of open space, capture the sanitary development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which sanitary flow credits are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into the Town Community Preservation Fund, for the purchase of additional lands or development rights, in accordance with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lands in the Town not defined as a Receiving District, as a Sending District, to maximize the potential for transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staff recognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. The TDR Program is intended to provide for private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). The program must be consistent with SCDHS TDR provisions and must provide an overall community benefit to preserve open space, improve groundwater recharge in sending areas, and promote "smart growth" and other community benefit in receiving areas. Sending areas should be those areas the Town wants to protect such as environmentally sensitive parcels, critical  Town of Southold Transfer of Development Rights Program · Draft Supplem'ental Generic ElS woodlands, and groundwater recharge areas. Receiving areas must be identified in zoning districts where a small incremental increase in density may be permitted without serious enviromncntal or other detrimental impacts; these areas might include the Hamlet Locus zones. Other receiving opportunities could involve special land use projects that provide mixed-uses or that otherwise advance planning goals of the Town. A TDR program can be designed to work with incentive zoning provisions through a PDD and can be used to promote affordable housing. In any case, a receiving area must have one or more of the following characteristics: · Proximity to hamlet centers; · Lack of environmental sensitivity; · Suitable road access; · Available public water; and · Ability to handle sewage or access to a sewage treatment plant (STP). In Southold, a TDR program will have to assume a number of basic parameters to guide the program and provide consistency with the SCDHS TDR policy, specifically as follows: · Transfers should be generally within the same school district, · Transfers must occur within the same Groundwater Management Zone as def'med by the SCDHS, · Density must be determined based on underlying single family residential zoning (by accepted yield factors), with the intent that a formula for providing additional density for less-intensive units (multiple family and senior citizen units) will be established as an incentive to shifting and creating appropriate development in receiving locations, · Sending parcels must be appropriately encumbered through dedication to a public or recognized non-profit entity or covenants restricting furore development, and should be registered by an appropriate tracking method through the Town, · Receiving parcels should be within areas serviced by public water, · Receiving parcels should not exceed twice the density allowed under the Suffolk County Sanitary Code (SCSC) unless an appropriate form of sewage treatment is available, · Receiving parcels should be subject to fertilized area restrictions, clearing restrictions and site plan or subdivision review, · Receiving parcels should be subject to further design standards and/or special exception criteria as may be determined through further review and analysis; such standards may include design parameters, development guidelines, buffering, clearing restrictions, fertilized area restrictions, setbacks, infraslrucmre installation and measures to improve community compatibility. Because of Southold's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained. The Town would benefit fi.om a sound TDR program in a number of ways, noted as follows: · Preservation of open space and watershed recharge areas associated with sending sites. · Ability to redirect growth to areas suitable from such growth considering environmental resources and infrastructure. · Ability to transfer density credits from outside to inside hamlet centers in a manner that promotes creation of affordable housing. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS · Ability to promote mixed use, multifamily residential use and diverse housing opportunities including affordable housing through density incentives and transfer. · Reduction in the mtmber of development rights and/or fee title purchases that would need to be made to achieve the Towns open space preservation goals. The program would not be expected to result in groundwater impacts, provided it is consistent with the SCDHS TDR Standards, issued September 30, 1995. These standards recognize that groundwater protection needs are served when open space is protected in a sending area, and controlled increase in density is permitted at a receiving site and are therefore incorporated into the Town of Southold TDR program. Very minor density increases may be permitted in areas that are currently experiencing growth in accordance with zoning. Under this portion of the program, receiving areas would be provided in zoning districts where a small incremental increase in density may be permitted without serious environmental or other detrimental impacts; these areas might include the Hamlet Locus (HALO) zones. An additional potentially beneficial aspect of the TDR program is the ability of the Town to use acquired parcels for redirection of growth to appropriate locations or for appropriate programs that would specifically include providing diverse and affordable housing. NYS Town Law 261- (a) requires that "the town shall evaluate the impact of transfer of development rights upon the potential development of low or moderate income housing lost in the sending districts and gained in receiving districts and shall find either there is approximate equivalence between low and moderate housing units lost in the sending district and gained in the receiving district or that the town has or will take reasonable action to compensate for any negative impact upon the availability or potential development of low or moderate income housing caused by the transfer of development rights." The proposed TDR program has given strong consideration to ensuring that the program will not negatively affect the availability of affordable housing, and in fact provides significant benefit in terms of providing diverse housing opportunities including affordable housing. The 2000 Census data provides relevant information with regard to TDR and affordable housing, including: demographics, income levels, housing characteristics and values. The data clearly indicates a distinct lack of affordable housing throughout the hamlets of Southold Town. Based on the cost of homes as noted in the Census and Home Sales data, there are few if any housing affordable housing oppommities, particularly in the environmentally sensitive (as well as scenic and desirable areas of the Town) coinciding with R-80 and some A-C lands that would become the sending areas under this TDR program. In addition, there are virtually no new multifamily unit opporttmities in the Town and there is a greater demand for housing than supply. The designation of sending parcels, and identification of receiving site opportunities which include multifamily housing, mixed housing, and smaller unit development, as well as a density incentive for the creation of new housing oppommities at receiving sites, significantly increases the potential for affordable housing in the Town of Southold. Therefore, a Town TDR program would conform to NYS Town Law 261-(a), as it would provide opportunities for affordable housing that currently do not exist, and no affordable housing would be removed by the program. Page 1-8 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS Further, there is little likelihood of developing new affordable units in the sending sites, as the necessary infrastructure is not present or sufficient to service such development, and the locations of sending sites is such that natural resources would have made such development unlikely. With regard to TDR, it is noted that wastewater impacts are not expected to be significant, as the Regional Impact Assessment Model predicted the full Build-Out concentration of nitrogen in recharge for each zoning district, and found that the highest potential concentration was 6.09 mg/l in the R-40 zoning district. Only very limited increases would be permitted in the R-40 district, and only in conformance with SCDHS TDR standards. Other hamlet zoning districts (HD, HB, AHD and others) all were 5 mg/l or less, unless full density is achieved at the maximum allowed by the zoning district (if public water is available). This comes with the added benefit that natural recharge areas would be preserved in sending areas and the overall density would be reduced as the Town achieves success in meeting density reduction goals through voluntary PDR, upzoning or both. As this tool will comply with SCDHS and Town planning initiatives, and site-specific review of any proposal would occur, no significant adverse impacts are expected. 1.3.2 Program Implementation Upon completion of the SEQRA process, and in conformance with requirements of the New York State Town Law, the Southold Town Board will implement the proposed action by first enacting a TDR local law. This ordinance would legally establish the regulations and procedures that will implement the proposed action, and formally empower the Town Board to conduct and oversee its use. It is expected that the Town would then issue credit certificates to sending area landowners, and would facilitate the redemption of TDR credits through its land use review process for projects within the receiving areas. The Town Board will record redeemed credits in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town Board may, in the future, pursue a credit registry or credit bank to more actively encourage and participate in the TDR process; however, this is not essential to the initial program. 1.3.2.1 Sending Areas The following description and discussion of the rationale behind the Sending Areas has been taken from the Planning Report. Sending zones must be selected to identify the parcels l~om which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. Page 1-9 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS The general concept is to specify areas where new residential development is to be discouraged. Fo~ Southold Town, areas outside of the hamlets are being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary and has been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far Southold has been successful in using land transfer tax monies and bonds for this purpose. Additional preservation tools are needed to leverage public funds with private investment, which would increase land preservation in the sending areas, with managed density increases in the receiving areas. The Town and County also use outright purchase of fee title lands, and have found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lands. This understanding helps to target the application of a TDR program and identification of senffmg areas. Def'mition of Sending Areas Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past and contains suitable prime farm soils. Given the allowable density of 1 dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development fights in a given area can be computed. Discussions conducted by the team centered on ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that Town goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be fertilized through farming or golf course use. In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process began by eliminating the following: · Land in hamlet and HALO areas · Business zoned land not subdividable (single and separate lots of less than the minimum zoning acreage) and non-subdividable residential zoned land of twice the minimum zoning lot size requirement · Unbuildable land (wetlands, dune, beach, surface water) · Existing community facilities (lands in public ownership, used for public purpose and certain non-public lands (churches, utilities, etc.) · Land currently protected through prior PDR, acquisition or conservation subdivision The remaining land area included all buildable, subdividable, unprotected, non-community facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS as sending areas. It was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential from non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. An additional discussion centered mound how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS inventory observed to be actively fanned has been created. This however does not constitute an official map and involves subjective determination of land use status. The team felt it was necessary to seek a more objective inventory and as a result considered the Town database which records existing Agricultural District parcels and parcels with individual commitment status. This inventory was found to already have controls in place to objectively determine whether a parcel is actively fanned. The inventory is in GIS and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Agricultural District parcel inventory and lands that are the subject of an individual commitment were believed to be the most appropriate method of designating farm status for sending parcels. It should be noted that parcels can apply for Agricultural District and individual commitment status, as long as they meet the parameters for such designation. As a result, the sending area will be updated periodically as parcels are accepted or removed to or from the Agricultural District or individual commitment status. The Town may wish to consider adopting a revised sending area map every three (3) years based on the updated inventory. Consideration of TDR off All and/or Part of a Parcel Extensive discussion was held regarding whether transfer of only part of the development rights from a given parcel was appropriate. A major concern was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to presexvation goals. In addition, the logistics of identifying what part of a parcel the rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it was concluded that for the initial program partial transfer would not be recommended except to allow an owner to maintain any existing use plus one additional credit to be subtracted from the parcel yield to be used in the future subject to subdivision filing. During the preparation of this DSGEIS, the Town adopted an Agricultural PDD (AgPDD). With the adoption of the AgPDD, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. Recommended Criteria for Sending Areas As a result, the following defmition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels considered to be buildable and would _exclude lands that exhibit the following criteria: · Land in a designated HALO or hamlet; Page 1-11 Town of Southold Transfer of Development Rights Program 'Draft Supplemental Generic ElS Land recorded in Town GIS as being less than 7 acres in size; · Land in Town GIS database as community facility lands; · Land in Town GIS database as including wetlands, dane, beach and/or surface water; · Land in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database that does not have an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A~C or R-80 (both 80,000 SF minimum lot size for yield), except Oysterponds, which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 1-1: TABLE 1-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mattituck Union Free School District 1,907 1,030 New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 825 439 Greenport Union Free School District 8 4 Oysterponds Union Free School District 235 110 Notes: Mauituck UFSD includes Manituck and Cutchogue HALO's. Southold UFSD includes PeconJc and Southold HALO's. Oysterponds UFSD includes East Marion and Or/ent HALO's. Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80; and 4.60 for R-200. This yield factor is consistent with the formula used by the Town for yield of conservation subdivisions. Sending zone parcels are mapped in and a list of parcels designating the proposed sending areas are included in Appendix B. 1.3.2.2 Receiving Areas The following description and discussion of the rationale behind the Receiving Areas has been taken from the Planning Report. Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, Greenport, East Marion and Orient. The unique configuration and historical origin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO Study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: · B-business · HB-hamlet business · LB-limited business · RO-residence office · AHD-affordable housing district · HD-hamlet density · R-40 residential · R-80 residential · A-C agriculture-conservation For the purpose of this program, it was determined that a simple and easy way to implement the initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. As a result, use of credits in the LI district (which exists in some hamlets) would not be possible. Increased commercial density through TDR could be considered in the future, and will be explored as an alternative in the SGEIS. Each of the other districts including B, HB, LB, RO, AHD, FID, R~40, R-80 and A-C, all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself, and should not be burdened with purchase of credits that could potentially increase building costs and cost of units and thereby defeat the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board continues to consider changes of zone to AHI) where appropriate based on sound plarming principles and community needs and the merits of placing this zoning on a given parcel of land. This leaves lands within the HALO zoned B, LB, RO, HD, R-40, R-80 and A-C as potential receiving zones, plus potential future use ofa PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of  Town of Southold Transfer of Development Rights Program · Drat't Supplemental Generic ElS inccntivizing the redemption of credits in a form that will result in compatible land usc design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate rrDR local law based on each individual zoning district, was thc most appropriate option. This option would involve creating a TDR section of thc Town Zoning Law that would recognize thc specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Recommended Receiving Zones that are coincident with the HALO boundaries are mapped in figures included in Appendix B. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District The following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes - The intent is to permit transfer of credits to develop single-family homes in areas where additional density can be accommodated. The mechanics of how this can occur are described below: · Existing zones that are recommended for or permit single-family residential uses include the B, HB, RO, R-40, R-80, A-C, R-200 zones. · Additional single-family residential homes would be allowed in the zoning district through further subdivision under guidelines noted herein. · The TDR code would be used to permit such development by subdivision application to the Planning Board. · The recommended minimum permitted lot size would be 20,000 SF to ensure consistency with SCDHS Article 6, and not over-intensify development. · The Town may wish to consider creation of an R-20 zone to establish dimensional requirements for 20,000 SF lot size, which does not currently exist. Two-Family Homes - The intent is to permit transfer of credits to develop two-family homes in appropriate areas, by the methods noted below: Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS · Existing zones that arc recommended for or permit two-family homes include thc R-40, R-SO, A- C zones. · Two-family homes would be permitted in these zoning districts by allowing one, two-family structure per lot. · The establishment of a two-family dwelling would be allowed in the zoning district through further subdivision under the guidelines noted herein. · The TDR code would be used to permit such development by site plan/subdivision application to the Planning Board. · The recommended minimum permitted lot size would be 20,000 SF in the R-40 and 40,000 SF in the R-80 and A-C zones to ensure consistency with SCDHS Article 6, and not over-intensify development. · Consideration could be given to requiring dimensional requirements pursuant to 1.25 times the underlying zone to provide a larger lot to accommodate the two-family dwelling. Multiple Family Dwellings Multiple family dwellings could be constructed in appropriate areas using transfer of credit through the measures noted below: New multiple family dwellings would be allowed on appropriate parcels through application for a change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · The Town Board would determine the appropriateness and location of such uses based on change of zone review which would require use of TDR's. · The recommended dimensional requirements would be the same as for the existing HD/HB zones. Detached Accessory Dwelling Units - A new provision is recommended which would allow an existing residence or principal use to add an additional residence to an existing lot. This is not currently provided for in Town Code. Recommendations are included below: · This new form of dwelling unit is recommended for consideration in the R-40, R-80 and A-C zones, through a Zoning Board of Appeals (ZBA) special permit. · The recommended minimum permitted lot size would be 40,000 SF. Planned Development District - PDD is an important tool that was recognized in the Town of Southold CIS. PDD's are provided for under NYS Town Law dealing with incentive zoning. A PDD is a change of zone, typically to a more intense use than permitted by the underlying zoning; however, any increase in density must be offset by public benefits that would be provided to the community. Projects may include mixed uses, and project sites typically require larger size for appropriate setbacks, land use compatibility and potential location of sewage treatment facilities. Redemption of TDR credits would be an appropriate public benefit, or other benefits that enhance land use in the HALO's could also be considered. Recommendations are provided below: · This TDR Planning Study encourages the adoption of a PDD local law. · The PDD would apply to HALO's through change of zone review at the discretion of the Town Board. · Larger lots are typically more appropriate, therefore identification of lots of 5 acres and greater should be performed to identify potential PDD candidate sites. The Town should seek mixed-use development with public benefits. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS A major public benefit would be redemption of TDRs and potentially providing sewage treatment facilities that could accommodate additional flow from off-site parcels, provided this conforms with hamlet character and Town goals. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. 1.3.3 Program Summary The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work program tasks are stated below and are followed by an examination of program mechanics in a summary form. 1. How will the TDR Program work? The program involves designation of sending zones that primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of Southold benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development rights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use that strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. 1-16 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS 3. How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. 4. How is the value of the TDR's established The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. 5. Is the program voluntary or mandatory? The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and wilt facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The Town will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate its success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. 7. How do l participate if l own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. 8. How do I participate if I own land in a Receiving Area? A receiv'mg area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. 1.4 Permits and Approvals Required This document is intended to comply with the SEQRA requirements as administered by the Town Board of the Town of Southold. This DSGEIS is intended to provide the Southold Town Board with information that will assist it in rendering its decision on the proposed action. Town of Southold Transfer of Development Rights Program Draft Suplilemental Generic EIS The Town Board must accept this document as complete for the purpose of commencing a period of public and agency review. At the Town Board's discretion, the DSGEIS may be the subject of a public heating during this period; regardless of whether a public heating is held, all substantive comments on the DSGEIS will be addressed in a Final SGEIS ("FSGEIS"). After completion of a FSGEIS, a 1 O-day public consideration period must pass, after which the Town may issue a Statement of Findings that would form the basis for its decision on the proposed action. In addition to compliance with SEQRA, completion of this process ensures that interested agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. The Town Board will consider the GEIS record and Statement of Findings on the CIS prior to any decisions on legislative changes, policy or Town management/implementation associated with the proposed action. The Town Board is the primary and, in effect, the only board that has approval authority to implement key elements of the CIS. As necessary, the Board will direct preparation of legislation by the Town Attorney and follow proper heating, notice and filing requirements prior to enacting legislation. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 2.0 EXISTING ENVIRONMENTAL CONDITIONS Section 2.0 of the GElS prepared for the CIS (May 2003) contained a thorough and complete description and discussion of the existing environmental resources of the Town. As this document is a supplement to that prior document, those previous analyses that are valid need not be repeated h~re. Appropriate reference is made to prior analyses contained in the CIS in conjunction with the proposed TDR program. Where necessary, supplemental information is included to update the understanding of existing environmental conditions, or to provide more specific information as related to the TDR program. This section provides brief descriptions and discussions of the limitations that these resources may present to the proposed action. The Environmental Setting for each resources is divided into Sending and Receiving areas to assist in the understanding of resources as related to the TDR program. The potential impacts to these resources from the proposed action are assessed and discussed in the following Section 3.0. 2.1 Geological Resources 2.1.1 Surface Soils Refer to Section 2.1.2 of the prior GEIS for a discussion of the existing soil resources of the Town of Southold. The Soil Survey of Suffolk County, on which the above-referenced discussion was based, identified the following soils pertinent to the proposed action: Carver-Plymouth-Riverhead Association soils are characterized as deep, rolling, excessively drained and well-drained, coarse to moderately textured soils on moraines. In the Town of Southold these soils are found predominantly along the north shore along Long Island Sound. Carver-Plymouth- Riverhead soils are also found on the south shore along Peconic Bay in the areas of Great Hog Neck and Little Hog Neck and within an area that extends through the hamlet of Mattituck along Mattituck Creek from the north shore to the south shore of the North Fork. The rolling landscapes, wooded areas and proximity to the water make soils in this association desirable as prime homesites. The sand texture and steep slopes make the soils in much of this association poorly suited for farming and the slopes are the dominant limitation to use of these soils for building sites. Haven-Riverhead Association soils are characterized by deep, nearly level to gently sloping, well- drained, medium-textured and moderately coarse textured soils on outwash plains. These soils are the predominant soil type found within the North Fork area of Southold. Due to the gently sloping to nearly level topography and good drainage, these soils are utilized primarily for farming purposes but are also suited for the development of residential housing. This soil is used extensively for crops, and is well suited to all crops grown on the North Fork. Identification of these soils may be helpful to identify areas to target as open space or agricultural land. Other areas not designated as prime farm soils may contain soils suitable for agriculture. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Sending Areas The Sending Areas are characterized by farmlands, which are mantled by prime agricultural soils of the Haven-Riverhead Association, and are in active cultivation and therefore, appropriate for protection. For this reason, it is this type of soil that is considered so valuable to the Town that the proposed action has been designed Receiving Areas The designated Receiving Areas are located in the hamlet areas, where developed lands on Carver-Plymouth-Riverhead Association soils are already present and/or in the immediate vicinity, and necessary infrastructure and services are available. Thus, these areas are less constrained as to potential development than lands in the Sending Areas, and are considered more appropriate for development. It should be noted, however, that adherence to the applicable restrictions and requirements of the Town's site plan, subdivision and/or special permit review processes, as well as SCDHS requirements for water use and wastewater disposal, would further protect natural resources in these areas. 2.1.2 Topography Section 2.1.1 of the GEIS contains a generalized description of the existing topographic character of the Town. The land surface across the Town consists generally of a varied topography characterized by rolling hills, kettle holes, drainage swales, beaches and glacial end moraines. The topography of the Town generally slopes downward from the north to the south, and is characterized by two predominant features: the Harbor Hill end moraine and a glacial outwash plain. The Harbor Hill moraine consists of a prominent ridge that extends towards the northeast along the shore of Long Island Sound and exhibits a maximum elevation of approximately 150 feet above mean sea level (asl). The glacial outwash plain, on which farmland and hamlets have been developed, extends from the ridge to the south at a slope of approximately 20 to 30 feet per mile and consists of gently rolling topography with numerous shallow depressions throughout. The outwash plain was formed as erosional processes resulting from glacial meltwater carried sediments away from the mora'me and distributed them throughout the region. Sending Areas The farmlands, on which the Sending Areas are located, are of necessity relatively flat and therefore would present few constraints on development. Receiving Areas The Receiving Areas are located in the Town's hamlets and are therefore relatively flat. Some topographic relief may be present on the outskirts of the hamlets; however, slopes are generally not excessive. It is expected that any natural or artificial slopes would not be of such steepness that they would present any significant impediment to additional controlled grading and development subject to site plan and/or subdivision review. Page 2-2 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS 2.2 Water Resources 2.2.1 Groundwater Refer to Section 2.2.1 of the GEIS for a discussion of the groundwater resources of the Town. Sending Areas As these areas are presently active farmlands, they are an efficient route for groundwater recharge, but are also subject to applications of various agricultural chemicals that constitute a significant potential for adverse impact to groundwater quality. This, in addition to the relative absence of supply infrastructure in these areas, would tend to minimize the attractiveness of these areas as a source of public water supply. The system of Groundwater Management Areas established by the SCDHS under Article 6 with respect to wastewater treatment means that development densities in these areas would be limited to 300 gpd/aere, or 1 dwelling uniffacre, if on-site septic systems are proposed and no public water is provided. Receiving Areas The Receiving Areas designated in the proposed action are located within and/or in close proximity to the various hamlets of the Town. In consideration of this, it is expected that these areas would he provided with or close to the infrastructure necessary to serve these sites. As such, these areas would have fewer constraints on development than would be the case for development in the Sending Areas. In addition, the SCDHS Groundwater Management Areas noted above stipulate that for these areas, development densities yielding 600 gpd/acre of wastewater (corresponding to 2 units/acre) are permissible for on-site sanitary discharge, provided public water is available. This provides the versatility which enables the TDR program to be viable while conforming to Article 6 of the SCSC. Since the hamlets are currently developed, the depth to groundwater, while variable from hamlet to hamlet is generally adequate to permit installation of on-site septic systems. The siting of such systems is reviewed by SCDHS through test hole review at the time of subdivision, and through review of individual permits to construct at the time of site plan or building permit plan review. 2.2.2 Surface Water and Drainage Section 2.2.2 of the GElS contains a thorough description off the surface water and drainage characteristics of the Town. Sending Areas These areas are characterized by farmlands, which are less likely to contain surface water bodies than would be expected for natural, undisturbed lands. However, farm ponds may be present, though such bodies would tend to be small and their close proximity to active farmlands, with Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS their associated potential for agricultural chemicals, would tend to minimize or preclude their potential for tree wetland formation and value though such designations may exist. Receiving Areas As the Receiving Areas are located in or near the hamlet areas, where there is less likelihood that surface water bodies would be found, it is anticipated that there would be less potential for constraints on development here due to the presence of such features. 2.3 Ecological Resources The GEIS prepared for the prior CIS, Section 2.3, should be reviewed for Town-wide information with respect to ecological resources. Sending Areas Because the Sending Areas are characterized by agricultural use, there would be little or no natural vegetation present on these properties (beyond possibly fringing windbreaks, a woodlot or the like), and therefore, little or no natural habitat would be expected. This would minimize their value for wildlife usage; only limited areas of trees and smaller farm ponds (see above) may be present to provide some minimal amounts of habitat. The lack of natural vegetation would also tend to minimize the potential for rare or otherwise protected natural vegetation species. Receiving Areas The proximity of the Receiving Areas to the hamlets also places these areas in proximity to development, which means minimal natural vegetation (and both habitats and rare or protected vegetation) and proximity to human activity (with associated impacts such as traffic, odors, noise, etc.). This would which tend to minimize the potential presence of wildlife. However, for those sites where such resources exist, judicious design and conformance to the applicable Town site plan, subdivision and special permit (where applicable) regulations would allow for a reasonable balance between landowners' rights and natural resource preservation. 2.4 Transportation Resources Refer to Section 2.4 of the CIS GEIS for a description of the Town's transportation resources and characteristics. Sending Areas The Sending Areas are located on farm sites served primarily by local rural roadways, which have less capacity to accommodate an increased level of traffic that would result from development, and less ability to be improved and expanded in capacity. In compensation, these local roadways presently serve a relatively lower level of traffic than the more heavily-used network of roadways that serve the hamlets. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS Receiving Areas Because the Receiving Areas are located in the hamlets, they are served by existing roadways that have signalization at critical intersections and a network of roads for maximum circulation. Should road improvements be necessary, it is more appropriate to provide such improvements in hamlet areas, subject to Town, County and State review as part of site plan, subdivision and, if necessary, special permit reviews. In addition, development in the Receiving Areas would occur in closer proximity to the hamlets, so that there would be a greater ability for residents to walk to these centers and use public transit, which are options not available to the Sending Areas. 2.5 Land Use, Zoning and Plans 2.5.1 Land Use Section 2.6.1 of the GElS prepared for the CIS contains a thorough discussion of the Town's land use characteristics. Sending Areas The Sending Areas are located on existing farmlands; as a result, the character of these sites is generally of open, flat and farm use properties adjacent to other sites of a similar use, nature and appearance. The general intensity of land use in these areas is significantly lower than that of the hamlet areas, and the patterns of land use are more consistently agricultural and/or rural in nature, or complementary to these uses. Thus, development of these sites could potentially be out-of-character or at a minimum would have to be similar to or complementary to vacant and/or agricultural land. Receiving Areas The Receiving Areas are undeveloped or partially developed sites found in proximity to hamlet areas, so that the pattern of land uses adjacent to these properties will be characterized by a wider mix of uses, including various residential types and densities, vacant land, commercial/retail and possibly industrial uses. There would therefore be an ability to provide compatible land use through zoning provisions and site plan/subdivision review. In general, a variety of incremental increases in land use density would be expected to be able to be better accommodated in the hamlet Receiving Areas, in comparison to the Sending Areas. 2.5.2 Zoning Consult Section 2.6.2 of the GEIS for the CIS for a description of the Town's zoning pattern and characteristics. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Sending Areas The vast majority of land in the Town that is outside of the hamlets is zoned Agriculture- Conservation (A-C), and is in farm use or has been farmed in the past and contains suitable prime farm soils. It is on these lands that the Sending Areas were designated, in order to protect the business of agriculture in the Town. Receiving Areas As discussed in Section 1.3.2.2, lands within the HALO areas are zoned B, LB, RO, HD, R-40, R-80 and A-C, and also have the potential for future development under a Town PDD local law. Any development of these sites would be conducted by the Town and County under their appropriate site plan, subdivision and, if necessary, special permit reviews, and would thereby protect the environmental resources in these areas. 2.5.3 Land Use Plans Consult Section 2.6.3 of the GElS for the CIS for a description of the land use plans and recommendations pertinent to the proposed action. Sending Areas As discussed in Section 1.0, the proposed project has been designed to implement one of the recommendations common to the 19 plans analyzed in the CIS. The locations of the proposed Sending Areas reflect the intent of these plans, in that these valuable farmlands will be preserved while their yields will be redistributed to areas in the Town where such growth would be appropriate and can be accommodated. Receiving Areas As noted above, the proposed action represents conformance with a recommendation of the numerous land use plans analyzed in the CIS, and will provide for the same amount of development as would occur absent this action, but located in areas of the Town where appropriate infi.astructure and aesthetics are already present to accommodate this growth. Simultaneously, the valuable farmlands of the Town will be preserved permanently, and at no cost to the Town or its residents. The proposed action will accomplish this while retaining landowners' ability to realize a return on their land investment, and the Town will benefit fi.om well-regulated, high-quality and appropriate growth with the least impact on the Town's aesthetics. 2.6 Community Services The GEIS for the CIS (2003), Sections 2.8 and 2.9 present information on the Town's community services and infrastructure, respectively. Town of Southold Transfer of Development Rights Program Draft Supplemen'tal Generic ElS Sending Areas As the Sending Areas include lands presently in agricultural use, these sites are located in areas relatively distant from the more developed portions of the Town. While community services (e.g., schools, police and fire protection, recreational facilities, etc.) and infrastructure (such as energy supply, water supply, wastewater treatment facilities solid waste removal and disposal, etc.) are available throughout the Town, it is expected that the distance between the Sending Areas and the hamlets (where services and infrastructure are expected to be, overall, more extensive) would tend to reduce the availability and potentially raise the cost of these facilities and services. Receiving Areas In contrast to the Sending Areas, the Receiving Areas are deliberately located in and in proximity to the hamlet areas, where development has occurred and the above-noted community services and infrastructure are already present. One of the goals of the proposed action is to limit the potential for growth in the Sending Areas (to enable their preservation), by making it possible to relocate this growth to areas of the Town in proximity to the hamlets, where the necessmy community services and infrastructure are already available. 2.7 Community Character Sections 2.10 and 2.11 of the GElS for the CIS contain detailed descriptions and discussions of the Town's visual and cultural resources, respectively. 2.7.1 Visual Resources Sending Areas The Sending Areas are characterized by large, open, relatively flat farmlands, some of which may be bordered by vegetated windbreaks or woodlots. As such, these fields contribute to the scenic beauty and aesthetics that have provided these portions of the Town and region with its valuable rural character. Receiving Areas The Receiving Areas are located in or in proximity to the hamlet areas which were historically settled and possess the character and visual attributes of an established community center. The hamlet centers are characterized by multi-story buildings accommodating a mix of retail and office often with residential uses above, and in proximity to one another. A higher intensity of land use is present, and the road network and utility system is evident. With distance fi.om the hamlet centers, some hamlets exhibit more office and residence-office uses, with some intermixed highway business and/or light industrial use. Also flinging the hamlet centers, and more typically oriented north or south of the road corridor, are more frequent residential subdivision, with remaining open space, parks and enviromnental resources. Uses in the hamlets Page 2-7 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS are g~nerally characterized by smaller properties; substantial and proximate views of adjacent developed properties having a variety of uses, shorter, narrower viewsheds; and associated activity. 2.7.2 Cultural Resources Sending Areas The Town as a whole is sensitive with respect to archaeological resources as aboriginal inhabitants used the abundant resources available throughout the north fork. As a result, Sending Areas potentially have pre-historic resources. Receiving Areas The Receiving Areas are located in proximity to or within the hamlets, where development occurred based on historic settlement pattm-ns. The resources associated with historic settlement are extant throughout the hamlets. Pre-historic resource potential is also present in the hamlets as a result of contact period and pre-contact activity. Development of these areas would therefore carry a greater potential to recover any such resources that may be present, and thereby incrementally increase the amount of knowledge of these eras. Hamlet areas while important due to historic settlement, and for the presence of historic resources are not pristine. It is because these areas are attractive and maintain infrastructure that development has occurred since the historic period. As a result, further land use intensity must carefully consider specific resources and sensitivities through design review which would occur as a result of site plan and/or subdivision processing. 2.8 Socio-Economic Conditions Section 2.12 of the CIS GEIS should be consulted for a description and discussion of the Town's socio-economic conditions. S~nding Areas These areas are presently in active fanning use and so they provide a level of direct economic activity for their owners from their agricultural use. Southold is attractive to visitors based on agrarian activity, and as a result abundant farm and agricultural areas of the Town contribute to the regional economy by maintaining a land use that supports tourism. Receiving Areas These areas are located on undeveloped or partly utilized sites in proximity to or within the hamlet areas of the Town. As a result, the Receiving Areas do not generate the full economic return to their owners that could be achieved, and likewise do not provide their full potential in terms of tax revenue or business activity to the local economy. As a result, such locations remain available for potential future land use based on carefully considered legislation to enable their use in keeping with socio-economic goals of the Town. Page 2-8 Town of Southold Transfer of Development Rights Program Draft Supplemental Gefieric EIS 3.0 SIGNIFICANT ENVIRONMENTAL IMPACTS This section analyzes potential impacts of the proposed TDR program with a focus on receiving sites. Overall, the project would provide a significant benefit to the Town in terms of protecting valuable agricultural land, and by providing opportunities for housing other than typical single family homes. The use of TDRs would limit development in environmentally sensitive areas, while redirecting and encouraging growth in HALO areas. This is consistent with the Town's planning initiatives as documented in the record of decisions and planning studies and reports referenced in Section 2.5.3 and included in the Town Comprehensive Implementation Strategy and subsequent reports including the 2005 Town Hamlet Study. Potential adverse impacts are analyzed in more detail in this section. The impact analyses in this section assumes that development of only the properties designated as receiving sites in the HALO areas occurs. The reason these sites were so designated was to enable growth to occur in the Town in a manner that is limited and directed to areas appropriate for such growth; these sites were chosen because they are located where .development is appropriate due to existing infrastructure and lack of sensitive environmental resources. The overall impact would result in a shift of development patterns. New development would be located in areas where appropriate infrastructure exists to support development, thereby reducing density in the areas intended for preservation. In addition, impacts are reduced by relocating larger single family homes from sending areas where new development is inappropriate to hamlet areas where smaller homes and residential units would be expected and encouraged. The type of residential units (i.e. smaller homes) as compared with conventional single family homes, would be expected to reduce density derived impacts such as population and number of school- aged children, thereby generating more taxes with less demand for services. This results in a significant beneficial impact to the school districts. In addition, as the TDR program would supplement an on-going Town land acquisition program, increases in housing units resulting from TDRs would be offset by land pumhases, thereby further reducing development densities and potential impacts. There are six (6) key factors which are expected to significantly limit the potential for impacts with respect to new development in hamlet areas, noted as follows: ~?ne proposed action is voluntary on the part of both landowners that choose to sell development rights from sending parcels and those that wish to advance a land use project involving purchase and redemption of development credits in a receiving area. The proposed action is to create legislation that would establish a TDR program in the Town of Southold; the action does not authorize actual land use, as any development which would use transferred credits would be subject to individual site plan and/or subdivision review for the specific land use application that would involve the redemption of transferred credits. As a result, further review would occur on a site-specific, project-specific basis. This document is a Supplement to a Generic EIS that identified this program as potentially beneficial, and as is requked under SEQRA, analyzes the potential impacts associated with the creation of this legislation. The analysis is by necessity generic and can not anticipate all site-specific or project- specific impacts. Each future action which proposes to redeem transferred credits must be Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS evaluated in terms of conformance to the Statement of Findings that will be generated on the Supplemental GEIS record, and a decision made if the project is consistent with the Findings and/or if there are potential impacts which have not been adequately addressed. 3. There is a limit on the amount of new residential development which would be received in the hamlets, primarily as a function of the need to comply with Article 6 of the Suffolk County Sanitary Code. 4. Hamlet growth will be monitored through program implementation to ensure that open space remains in hamlet areas, and development occurs in a manner that is consistent with design goals of the Town. 5. Development will take the form of small incremental increases as a result of the various options for redemption of credits in receiving zones, specifically, options include: · Single Family Homes through limited density increases of new subdivisions; · Two-Family Homes through creation of such homes where appropriate; · Multiple Family Dwellings where appropriate and subject to Town Board change of zone. Detached Accessory Dwelling Units associated with existing homes, and · Mixed use or flexible zoning developments under potential future Planned Development District 6. Purchase of development rights and outright land purchase programs will continue, thus continuing to reduce density and potential impacts of land development primarily outside of hamlet areas. Section 4.4 of the TDR Program Planning Report contained in Appendix B, outlines in detail the provisions for Density Limitations in the Receiving Zones. The report and specifically Section 4.4 outlines the basis for conformance with Article 6 of the SCSC, the application of a Hamlet Development Model to determine the potential number of receiving credits in hamlets and on a school district basis, and the considerations which tend to reduce impacts to hamlets. As noted in the report: "The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel · Use ofTDR's in the HALO's maypromote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus providing opportunities for housing stock of various types. As a result, the author's of this report believe that transfer of density to the H/tLO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land ~l~ Page Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model." Table 3-1 summarizes the overall beneficial and potential adverse impacts of implementing the proposed TDR program. The table provides an abbreviated assessment of beneficial and potential adverse impacts. Comparison of beneficial to adverse impacts finds that there are substantial benefits expected as a result of the TDR program. A more detailed assessment of potential adverse impacts is provided below. 3.1 Geological Resources The proposed action would be expected to reduce impacts with regard to geology, by maintaining prime farm soils and directing development to appropriate areas where geologic resources are less sensitive. Development in the hamlet areas will necessitate grading and excavations for utilities, foundations, roadways, etc.; however, this development would occur in areas considered appropriate for development and therefore lacking in significant geological features (such as steep slopes, glacial features, etc.) and on soils having less value relative to fanning potential, no significant impacts would result from these grading activities. Site specific land use would be subject to subdivision and/or site plan review which would ensure that grading, proper drainage installations and proper erosion control practices are implemented at the time of development. 3.2 Water Resources The proposed action would result in a pattern of development that would take place primarily as in-fill and in the hamlets, where the necessary infi'astmcture is already located, reducing costs of development services for utilities and public agencies. Hamlet areas have infrastructure in terms of public water, and it is expected that most development would occur using on-site sanitary systems. These systems are simple, effective systems in use throughout Suffolk County, that provide an adequate method of wastewater handling when appropriate densities are maintained. Sewage treatment facilities may be explored in connection with some development, depending upon density proposed, parcel size and available space for plant siting as well as economic factors. A key factor is that each hamlet would be subject to a limit on the amount of development that could be sustained in conformance with Article 6 of the SCSC. A second key factor is that the program is based on an equal density approach, where each sending credit equals a single development unit of the types specified for receiving parcels. It is likely that many of the units will be smaller with a concomitant reduction in sanitary flow. Finally, continued purchase of development rights would further reduce nitrogen input and maintain natural recharge areas. Town Transfer of Development Rights Program Draft Supplemental Generic ElS Table 3-1 SUMMARY OF ANTICIPATED IMPACTS Resource , Beneficial Impacts Potential Adverse Impacts · Would preserve existing farmland on Sending sites, and eliminate development · Would result in clearing and grading in Geological Resources potential from these properties. HALO areas for developmeat resulting from · Would retain agricultural soils on existing farmland parcels, density shift. · Would use public water supply in HALO · Would eliminate increase in groundwater withdrawals in rural areas, areas and not in sending area locations. Water Resources · Would eliminate discharge of sanitary effluent in sending areas. ,, Would locally increase nitrogen load in HALO areas through transfer conforming to Article 6, with reduced load in sending areas. · Would eliminate clearing of natural vegetation and habitat loss in rural areas. · Would decrease natural vegetation and habitat Ecological Resources · Would enable preservation of existing agricultural land in large contiguous blocks, acreages in HALO areas for those parcels with less fragmentation of farmland open space, which currently possess such characteristics. · Would minimize potential increase in traffic and congestion in rural areas. · Would generate traffic in HALO areas with Transportation · Would place additional density in areas where road systems and infrastructure reduced traffic generation in sending areas; Resources exists. HALOs are more walkable and promote use I· Would encourage pedestrian activity and use of alternative forms of transportation, of alternative transportation. ~· Would maintain rural land use patterns. '· Would provide for diversity of housing types in HALO areas, which would Land Use, Zoning & otherwise not be possible. Plans , ,, Would establish conditions to address affordable housing needs. · No adverse impacts expected. I · Would minimize potential for "sprawl" pattern of growth. · Would conform with land use plans. · Would eliminate potential increase in rural development, with associated reduction · Would result in need for community services Community Services in impacts to rural services, and infrastructure in HALO areas, with · Would eliminate need to expand or increase infrastructure services in rural areas, reduced demand in sending areas; HALOs can · Would protect watersheds and wellfields (existing and proposed), more readily provide infrastructure. · Would maintain the existing high aesthetic quality of the hamlet areas. · Would result in more development in HALO Community Character · Would strengthen consumer base for business interests in hamlets, adding to areas, with resultant reduction of development character and vitality of hamlets, in sending areas; HALO development would · Would stimulate increase in social interaction, adding to fabric of community, be varied and potentially smaller in unit size. · Would increase taxes generated in the Town. · Would necessitate costs to provide services to Socio-Economics · Would stimulate establishment of new business in HALO areas, the HALO development. ,~ ~o~ g voo~ ~c Page 3-4 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS With respect to Article 6, transfer off of agricultural lands is not viewed as a shift in sanitary flow since farmed parcels are considered to cause nitrogen loading similar to residential development. As a result, receiving parcels must conform to Article 6 of the SCSC by providing development densities on lots greater than 20,000 SF in size, unless double density is permitted through Board of Review decisions consistent with SCDHS General Guidance Memo//17. The Town has endeavored to create a program that ultimately will not increase density over what would be allowed under Article 6 and General Guidance Memo 4/17. Given the variety of receiving area options for redemption of credits, it is difficult if not impossible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with SCDHS requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, Article 6 density limitations were considered in developing the program, and were used in part to establish a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices relative to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone IV allows a 20,000 SF minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981; any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF, would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to that lot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density unless permitted under the Town Code Accessory apartment provisions and in conformance with the Article 6 exemption which involves no new sanitary facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occurring after 1981 must conform to the density provisions of Article 6, provide wastewater treatment, or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty subdivisions and site plans. There are several additional aspects of SCDHS implementation of this program which are important to understand. Suffolk County recognizes that consideration can be given to regional Page 3-5 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns establish land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a General Guidance Memorandum #17 which pertains to agricultural and golf course density (see Attachment E of TDR Planning Report contained in Appendix B). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer to increase sanitary flow above Article 6 limits. Further, the guidance document establishes a limit for parcels receiving transferred density of twice the density allowed under Article 6. Consequently, the HALO areas cannot exceed an equivalent of 20,000 SF density since the minimum lot size required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density fi.om aghcultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum density would be 10,000 SF as SCDHS permits doubling of density on a receiving parcel if flow is received from a non-contiguous parcel in the same watershed. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include provisions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to undergo review by the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and would be a beneficial aspect of this program. Compliance with Article 6 and the Guidance Memo #17 is achieved through use of a development model (described in the next subsection) that determines the vacant buildable land remaining in a hamlet and the potential yield which could be achieved on that land based on 20,000 SF lots. The Hamlet Development Model was run to determine the potential TDR credits that could be placed in the HALO's based on a 20,000 square foot (SF) lot size. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO area. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS As a result, the Hamlet Development Model was used to create a maximum number of units that a HALO can receive, and not exceed SCDHS allowed density due to the average lot size. In addition, there is a maximum number of receiving credits that can be placed in the HALO's, which is less than the theoretical additional density (see next section). It must be recognized that TDR to receiving areas is part of an overall watershed management program that includes density reduction through purchase of development fights and fee simple acquisition of land which in many cases involves sterilization of land from further development, and that much of the remaining land does not cause nitrogen load (i.e. vacant land, woodland, parcels subject to modified farm practice and parcels not fully used for agriculture). It is noted that density could be increased to the equivalent of 10,000 SF density if the parcels from which density is transferred are not used for aghculture. As a result, density reduction and nitrogen load reduction are occurring through the Towns planning initiatives and the receiving areas would be limited to an average density based on a 20,000 SF lot size and resulting yield. Transfer of density to hamlets based on an average 20,000 SF yield in the hamlet areas provides flexibility for the Town to promote compatible land use and density shift, which will achieve land use goals by leveraging funds to be used for PDR and fee simple acquisition. Measures have been taken to ensure that nitrogen load in the receiving areas, does not exceed guidance provided by SCDHS. The TDR program does require SCDHS to allow double density of receiving parcels with respect to specific projects that contemplate placement of residential units, recognizing that the overall increase in density will remain less than would be required under Article 6 (i.e. less than 20,000 SF average density). This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies, provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program, coupled with Chapter 117 (which permits transfer of Town preserved transfer credits for the purpose of affordable housing) ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. Town of Southold Transfer of Development Rights Program Draft Supplen~ental Generic ElS SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen beating waste) and therefore density limitations are based on the nitrogen-beating component of the flow. Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but is considered as an alternative in Section 7.0. Increase in water usage to serve this growth is not anticipated to significantly impact the groundwater supply or the ability of water suppliers to serve the area. Although the volume of available water supply is limited, Suffolk County Water Authority has continued to seek appropriate well sites and increase the distribution system in order to provide service to existing residents and businesses, and in areas where current water supply infrastructure is present. As a result, it is expected that the volume of this resource is adequate, and the infrastructure is in place, or can be economically extended. SCWA will continue to coordinate with the Town of Southold with respect to the water map which recognizes where water main extensions are appropriate and able to be sustained. Individual projects will require letters of water availability and commitment fi.om SCWA to provide water supply. Private wells are not an option if land use occurs on lots of less than 20,000 SF as required under Article 6. As a result, use of water resources can be controlled through the purveyor, in concert with the Town, in a manner that allows continued water supply for the Town's residents. As a consequence of the overall relocation of development, the potential for adverse impact to groundwater supplies and quality would be significantly reduced, as growth would be directed towards areas already served by public water suppliers, where adequate water supply and infi.aslructure already exist. As development would occur in areas distant from agricultural use, the potential for impact to irrigation water would be reduced. Additionally, there will be a reduced potential for impact to groundwater quality, as the volume of sanitary sewage will be reduced, and the reduced acreage of lawns will reduce the potential for impacts from lawn chemicals, particularly due to nitrogen loading. The hamlet areas where development is proposed are already developed and suitable for development. The depth to groundwater will be determined on a site-by-site basis to ensure that there is adequate vertical leaching depth to allow installation of on-site systems. In summary, conformance with Article 6, use of water supply from SCWA, a one-to-one, sending-to-receiving unit ratio, continued purchase of development rights and land acquisition, and location of development in areas that are less environmentally sensitive with more appropriate infi'astmcture, are all considerations which ensure that no significant adverse water resource impacts will occur as a result of the proposed action. Page 3-8 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 3.3 Ecological Resources Clearing for new development would take place primarily in and near the hamlets in accordance with the prescribed development pattern that allows for preservation of larger contiguous open space areas and natural recharge lands. As receiving areas would be less likely to have significant areas of natural vegetation present, or in the event, natural vegetation of sufficient quality and/or quantity to provide habitat areas, it would not be expected that ecological functions of such areas would be significantly impacted. Impacts to ecological resources are typically a direct result of clearing of natural vegetation, the resulting loss and fi'agmentation of ecosystems and hence of wildlife habitat, and the increase in human activity. Additionally, it is noted that secondary or indirect impacts can also be significant, as well as cumulative impacts depending on site and area conditions. The following list provides broad examples of ecological impacts including direct impacts, indirect impacts and cumulative impacts: Direct Impacts: · Habitat loss or destruction · Altered abiotic/site factors · Mortality of individuals · Loss of individuals through emigration · Habitat fragmentation · Disturbance (i.e., construction, traffic, people) Indirect Impacts: · Reduced carrying capacity · Reduced population viability due to reductions in habitat area or quality · Altered abiotic/site factors · Mortality of individuals · Loss of individuals tkrough emigration · Habitat Fragmentation · Disturbance (i.e., construction, traffic, people) · Habitat isolation caused by a variety of development types, resulting in increased edge effects and sometimes loss of diversity · Reduced breeding success possibly resulting in reduced population viability · Delayed effects (i.e., altered predator-prey relationships) Cumulative Impacts: · Progressive loss and fragmentation throughout an area · Reduced habitat diversity · Ongoing habitat loss or fragmentation over time, resulting in progressive isolation and reduced gene flow (reduced genetic diversity can result in loss of resilience to environmental change and increased risk of extinction · Irreversible loss of biological diversity · Exceedence of viability thresholds Page 3-9 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS The negative effects of cleating and development have been well documented on ecological resources. The effects of cleating are cumulative and need to be taken into regional planning consideration. Developments typically result in habitat reduction, habitat fragmentation, degradation of existing habitats, loss of corridors, increase in edge effects, and likely changes in species composition among other impacts. Development projects typically favor those species that are tolerant of human activity, with more sensitive species typically abandoning areas altogether. Habitat fragmentation may result in a decline in species numbers as habitat patches are reduced, loss of characteristic species and concomitant invasion by edge species, changes in community composition and altered parasitic, symbiotic and predator-prey relationships, altered relationships, and altered population dynamics. In addition to habitat fragmentation, development may create additional barriers to the area reducing and impacting wildlife movement. It is noted that several barriers to wildlife exist currently, causing localized stresses to wildlife populations. The effects of disturbance tend to trigger displacement may also vary depending on life-cycle stage or season resulting in higher densities within receptor sites, more individuals forced to use suboptimal feeding or breeding habitat, and direct mortality of no alternative habitat can be found. Additionally, species composition is often altered as a result of direct changes in habitat following post development conditions. The proposed action would result in an increase in the amount of developed areas within the Town, but these increases would occur on lands not optimal for habitat use; conversely, the action will permanently preserve open spaces in the Town that would be much more likely to provide habitat value, resulting in a significant net positive impact on ecological resources. Additionally, few impacts to the Town's wetland resources are expected, as all future development will continue to be required to obtain both Town and State wetland permits, requiting conformance with current regulations. 3.4 Transportation Resources With respect to transportation, there are a number of factors which would tend to reduce potential adverse impacts related to traffic, noted as follows: - Density transfer may involve reduction of unit sizes and bedroom counts, thus reducing trip generation as large single family home units are transferred to in part become smaller units in the hamlets. · The proposed density transfer is proposed such that one sending credit equals one receiving credit. · Transfer of density to the hamlets will encourage alternative forms of transportation including pedestrian and other transit options. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS · Site and use specific projects will still need to conduct traffic studies which will allow agencies which issue road cut and land use permits to monitor intersection volumes and seek mitigation in connection with larger developments. · Small incremental increases in density due to infill and minor projects would not be expected to cause significant impacts. · Trips generated outside of the hamlets are likely to f'md their way to the hamlets anyway, given the demographics and geography of the Town, as a result, an equal density shift would not increase vehicle trips in all cases. · PDR and land acquisition programs will continue, and these programs ultimately reduce density and vehicle trips. Hamlets are generally situated along NYS Route 25; Southold is fortunate to have alternative east-west arterial roads (NYS Route 25 and CR 48), and many north-south local roads to inter- connect the road system. As a result, access to hamlets is generally good, but congestion in hamlets and at destination locations does tax transportation resources, particularly during seasonal periods. In addition, Southold is unique in that there is a ferry service that connects the east end to New England, thus causing trips through the Town with no destination within the Town. Ferry service is a source of traffic; however, internal trip generation, seasonal uses that increase traffic volumes, and destination locations within the Town for agh-tourism, visitation to quaint hamlets, dining experiences and general tourism are all traffic generation factors that affect transportation patterns in Southold. In many cases, it is the attraction of hamlets for shopping, dining and a destination experience that creates this congestion. This is an existing condition, which may experience small incremental increases as a result of TDR; these increases are not expected to be significant given the seven (7) factors noted in the bullet list above. The Town will need to pursue traffic calming measures in coordination with State and County agencies. In addition, a transportation management plan and outgrowth of efforts identified in the SEEDS project will assist in public education and promoting alternative forms of transportation. Management and redirection of growth, reduction in ultimate density, coordination with State and County transportation agencies, promotion of intermodal transportation, and continuing monitoring efforts with further transportation management are intended to control transportation resources. In summary, existing roads presently experience varied levels of congestion during seasons when visitors come to Town. As development occurs in the HALO zones, roadway conditions are generally sufficient to accommodate this increased volume given existing infi'astructure, signalization and the Towns roadway systems which allow altemative east-west routes and a variety of circulation options. In addition, as this growth would be in proximity to the hamlets, vehicle dependency could be reduced due to enhanced public transportation opportunities, providing an additional potential means to reduce veh/cular impacts. Equal density transfer and density reduction through other preservation programs will assist in reducing vehicle trips. Site and use specific projects will still need to conduct traffic studies which will allow agencies which issue road cut and land use permits to monitor intersection volumes and seek mitigation in connection with larger developments. Small incremental increases in density due to infill and minor projects would not be expected to cause significant impacts. Cooperative efforts between 3-11 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS transportation agencies will assist in addressing east end regional traffic issues. As a result, significant adverse impacts are not expected to be significant. 3.5 Land Use, Zoning and Plans The proposed action would tend to reinforce the land use pattern of the rural areas, as vacant and/or agricultural land would not be changed in land use. Development in conformance to this proposed action would result in an increase in development in the Town's hamlet areas rather than be distributed throughout the Town. The hamlets have infrastructure in place that is better able to accommodate this development. The Town met with hamlet stakeholders in order to gain input for consideration in development of the TDR and other land use programs. Each hamlet has been evaluated through the Hamlet Development Model and hamlet specific receiving credits have been determined in a manner that ensures an average overall density that is reasonable. The density limitations are based on land that is already available for development, and provides a maximum number of units to ensure that some remaining undeveloped land remains as open space in the hamlets. The proposed TDR program recommends an equal ratio of sending credits to receiving credits, which helps to mitigate potential impacts. In terms of zoning, changes will be made to Town Zoning Law to permit the various options for receiving area development. Options include: · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District These uses will be facilitated primarily by small incremental uses in the number of these types of units, to be allowed in connection with development that is consistent with the zoning districts which permit these types of development. As a result, the integrity of the existing general zoning pattern will remain and HALO areas where development is appropriate will be strengthened with a resulting decrease in density in rural areas. The project would advance numerous goals of the Town. The Town CIS recommended the use of TDR for land preservation and to achieve other goals of redirecting growth to appropriate areas. As this proposed action is intended to implement the recommendations of the numerous Town plans and studies of the CIS, and the zoning of these sites would be changed where appropriate to reflect these recommendations, it may be assumed that this growth would not impact these plans. Furthermore, implementation of the recommendations of relevant studies will allow the Town to more closely conform with goals such as protecting open space, agricultural, rural character and resources, as well as providing housing diversity and a ~..~ Page 3-12 Town of Soutbold Transfer of Development Rights Program Draft Supplemental Generic ElS reasonable pattern of growth and development consistent with the comprehensive plan. As a result, significant adverse impacts to land use, zoning and land use plans are not expected. 3.6 CommuniW Services As a result of the growth in the hamlets resulting from this proposed action, demand for emergency services such as police and fire protection would be increased in these areas. However, this redirected growth would occur where these services are already present; thus, while there would be an increased need for and usage of these services as controlled and limited development occurs, these impacts would be minimized because the proposed action locates potential impacts in these areas, thereby reducing the extent of further necessary infrastructure. Tax revenue would be provided to taxing jurisdictions, and overall there is a significant benefit in terms of taxes and school district revenue. The increased amount of development would also result in increased needs for and demands upon the various infrastructure services, as follows: Solid Waste Handling and Recycling - The amount of development represents an increased amount of residential solid waste generated than that associated with existing conditions. While there would be a shift in the geographical distribution of solid waste generation toward the hamlet areas, this would not be significant as all wastes would be handled in the same facility regardless of where they originate. Water Supply - The amount of residential development would not increase the number of residential units in the Town above current density allowed by zoning and may in fact reduce density through development of some smaller units. Growth resulting from TDR would be distributed preferentially to the hamlets and toward areas already served by adequate supplies of groundwater. Drainage - The new development associated with this scenario would have to provide on-site stormwater retention facilities, in conformance with Town and/or County regulations. Wastewater Treatment - The volume of sanitary wastewater generated will increase, and the pattern of this generation will likewise change, to be directed toward the hamlets. This may have the result of increasing the number of on-site septic systems or, if economic and density factors prove sufficient, the establishment or extension of existing community sewer systems. Section 3.2 addresses water resource impacts. Electricity and Natural Gas - The locally increased amount of residential development would increase the demand for expanded electrical services in hamlet areas. LIPA and Keyspan are utilities chartered to provide these services for a fee charged to ratepayers. Services would have to be provided in areas where development occurs regardless of whether it is spread throughout the Town or located in the hamlets. The small incremental increases in density, and existing infrastructure in the hamlets would tend to minimize impacts to these service providers. Page 3-13 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS As mentioned above, the comparative increase in development and associated populations on a Town-wide scale (with locations of these impacts directed toward the hamlet areas) would represent an increase in the impacts on community services. Additionally, as the geographic distribution of these impacts will be limited primarily to hamlet areas, the needs for and costs of expansions and improvements will also be limited to these areas and associated services providers. 3.7 Community Character Implementation of the proposed action would direct growth toward the hamlets, thereby enhancing existing community character and vitality by use of well-regulated building and site design, layout and architecture. In addition, the increased local population, some of which would be in close proximity to the hamlet centers (enabling pedestrian visits in lieu of auto trips and associated congestion, to the detriment of character) will add to the fabric and economies of these communities, by increasing the customer bases of existing and potential new local businesses. In addition, the "small town" character of the individual hamlets would be protected, by locating appropriate residential uses in proximity to these areas. Shifting the geographic distribution of new residential development would have the effect of reducing the potential for adverse impacts to the rural quality and character of the entire Town (by maintaining and preserving the breadth and depth of viewsheds and the character of the land and land uses within those viewsheds). With respect to historic and archaeological resources, the shift in the pattern of development resulting from the proposed action would reduce the potential for adverse impacts to known and potential undiscovered cultural resources in the Sending Areas, by shifting development to the hamlets (the Receiving Areas). The proposed TDR program would however increase the level of development in the Sending Areas and, therefore, for the potential to impact cultural resources in the hamlets. However, whether there are any such resources on a particular site would be determined on a case-by-case basis during the site plan review process for each application, which is the process that currently exists in the Town. As a result, there will be no change in the potential for impacts to cultural resources in the hamlets, as all existing regulatory mechanisms to protect these resources will remain in effect. In summa, many aspects of this program reduce potential impacts on community character. These have been identified in prior sections and are summarized below: · There are various options for credit redemption which would tend to amortize new development in a manner that reduces the impact of any one form of new development. · Changes to commnnity character will occur in small incremental changes over a period of time. · Hamlet areas currently exist and their community character would be expected to benefit as a result of appropriate increased utilization which provides a consumer base for businesses. · There are limitations on growth in the hamlets which were subject to public review and input. · Open space will remain in the hamlets as a result of this program. Page 3-14 Town of Southold Transfer of Development Rights Program Drhft Supplemental Generic ElS As a result, significant adverse impacts to community character are expected to be minimized to the maximum extent practicable. 3.8 Socio-Economic Conditions The proposed action will increase the level of residential development in the hamlet areas, balanced by a reduced level of growth of this use in rural areas of the Town. The short-term economic effect of this would be to increase the amount of construction employment and associated costs, and the long-term effect will be to increase the total amount of taxes generated and tax revenues allocated to all taxing jurisdictions. The social impact will be to increase the total number of residents in the hamlet areas. Both of these will occur through small incremental changes, over a period of time. The proposed action is anticipated to maintain the equity value of the lands designated as sending and receiving sites, as well as of the development rights generated. Experience with Pine Barrens Credits (associated with the Central Pine Barrens legislation and plan) have shown that the value of credits has steadily and significantly grown since the inception of that program; as the proposed action is similar in nature and design as this prior effort, it is expected that similar results would occur. Based on experience gleaned fi:om the Pine Barrens Plan, it is anticipated that the shift in development patterns results in other than conventional single-family homes, and thereby reduces many impacts typically associated with single-family development. More to the point, economic aspects are beneficial, particularly to school districts which will have to address a smaller increase in new students to educate, a greater amount of available tax revenue (due to the reduced cost educate the smaller increase in new students), resulting in overall positive tax revenue to reduce the deficit of educating children fi'om existing single-family homes. In terms of socio-economics, businesses in the hamlets will experience increased customer bases due to the increased populations residing in their vicinities. Associated with these increases will be the fact that this growth would be within a short commute or even walking distance of these local shops, with consequent strengthening of community character and vitality. The program must be successful to realize the benefits of land preservation and redirected growth. The program is designed to be successful as it incorporates the following elements that address housing, fiscal, socio-economic and equity considerations: · The program will conform to SCDHS TDR standards, and as a result is consistent with groundwater management as established under Article 6 of the Suffolk County Sanitary Code. · There are a variety of receiving site types on which the credits can be located; · While there are substantially more sending sites than receiving sites, there are several alternative programs and mechanisms whereby credits can be redeemed, ensuring credit holders that there would be sufficient numbers of potential developers seeking their credits; Page 3-15 Town of Southold Transfer of Development Rights Program Draft Supplemental Generi~ ElS · Experience with pine barrens credits has shown that there is a healthy market for credits, the value of which has steadily grown; · The growth in credits' value indicates that developers consider credits a viable investment; · Town has ability to administer laws already on books; · Preservation of significant natural lands in the Town was established as a priority by the Town; and · The Town and its residents have a legitimate desire to preserve natural resources and promote orderly growth in areas able to sustain such growth. 3.9 Cumulative Development The sending and receiving areas constitute the limits of the areas that may be impacted by the proposed action are also the limits of the areas in which development may occur. These impacts have already been delineated and discussed elsewhere in this section, and no additional cumulative impacts may occur. As such, the individual impact analyses presented and discussed in this section assume and include all potential cumulative development in these areas. Therefore, as cumulative development is already included in the analyses presented here, the associated impacts from such development do not need to be explicitly reanalyzed here. 4.0 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS MITIGATION MEASURES This section discusses measures which can be employed to reduce potential impacts identified in Section 3.0. In general, few impacts were identified in relation to the proposed project as a result of mitigation inherent in the proposed action. Section 3.0 identified six (6) key factors incorporated into the project to reduce impacts. These are summarized below: 1. The proposed action is voluntary on the part of both landowners that choose to sell development rights from sending parcels and those that wish to advance a land use project involving purchase and redemption of development credits in a receiving area. 2. The proposed action is to create legislation that would establish a TDR program in the Town of Southold; the action does not authorize actual land use, as any development which would use transferred credits would be subject to individual site plan and/or subdivision review for the specific land use application that would involve the redemption of transferred credits. As a result, further review would occur on a site-specific, project-specific basis. This document is a Supplement to a Generic EIS that identified this program as potentially beneficial, and as is required under SEQRA, analyzes the potential impacts associated with the creation of this legislation. The analysis is by necessity generic and can not anticipate ail site-specific or project- specific impacts. Each future action which proposes to redeem transferred credits must be evaluated in terms of conformance to the Statement of Findings that will be generated on the Supplemental GEIS record, and a decision made if the project is consistent with the Findings and/or if there are potential impacts which have not been adequately addressed. 3. There is a limit on the amount of new residential development which would be received in the hamlets, primarily as a function of the need to comply with Article 6 of the Suffolk County Sanitary Code. 4. Hamlet growth will be monitored through program implementation to ensure that open space remains in hamlet areas, and development occurs in a manner that is consistent with design goals of the Town. 5. Development will take the form of small incremental increases as a result of the various options for redemption of credits in receiving zones, specifically, options include: · Single Family Homes through limited density increases of new subdivisions; · Two-Family Homes through creation of such homes where appropriate; · Multiple Family Dwellings where appropriate and subject to Town Board change of zone. · Detached Accessory Dwelling Units associated with existing homes, and · Mixed use or flexible zoning developments under potential furore Planned Development District 6. Purchase of development rights and outright land purchase programs will continue, thus continuing to reduce density and potential impacts of land development pr/madly outside of hamlet areas. These factors are relevant to impact analysis but also were tenets of the program that were designed to minimize impacts. Overall, the project will implement Town land use programs in a manner that is consistent with past planning studies. The intent of the program is to provide options for land preservation through alternative forms of compensation to landowners that will leverage the purchase of development rights program. Land use will occur in areas where infrastructure exists and reasonable controlled growth can be accommodated. Discussion of mitigation relating to individual resource areas is provided herein, and summarized in Table 4-1. l~-~ Page 4-1 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 4.1 Geological Resources Mitigation of potential impacts to geological resource is inherent in the proposed action, as it would reduce development on agricultural land and on lands that are presently open spaces. The accompanying relocation of development into hamlet areas (and away fi.om the above-noted geological resources) would be a significant mode of protection to these resources, due to the reduced amount of clearing and grading of valuable lands. Use of erosion control techniques during construction operations will further reduce the potential for adverse impacts to the Town's geological resources. In general, hamlet areas have experienced historic growth as a result of their geographic factors which encouraged settlement and development in the first place. As a result, no significant unique geologic features such as significant slope areas or other major land use limitations would be expected. Individual land use applications will be reviewed for potential geologic impacts; however, overall, clearing and grading will be localized to specific project sites. 4.2 Water Resources Implementation of the proposed action would provide substantial mitigation; the relocation of development to the hamlet areas would result in a reduction in groundwater usage in the rural portions of the Town, with an associated reduction in the potential for adverse impact to groundwater quality fi.om sanitary wastewater recharge and lawn chemical usage in these areas. While development in the hamlets would be increased, the requisite groundwater supply system is already in place and the Town and Suffolk County Water Authority have agreed upon a water map that anticipates increased utilization of hamlet areas where water supply is necessary to serve existing needs. Use of water-saving plumbing fixtures would further reduce potential impacts to groundwater supplies. The Hamlet Density Model establishes an average density based on 20,000 SF lots, and this density is further reduced through a density limit that provides a large safety factor. The density limit is a primary management tool that provides mitigation with respect to land use density and potential impact to groundwater resources. 4.3 Ecological Resources As a consequence of the proposed action, the potential for impacts to ecological resources would be significantly mitigated, in comparison to conditions if the action were not implemented. This is due to the reduced amount of development and guidelines/limitations with respect to development in farm and agricultural areas of the Town, which would tend to retain and preserve wind rows, edge habitat, contiguous rural areas and better protect habitats for wildlife. Transfer of Development Rights Program Draft Supplemental Generic ElS Table 4-1 SUMMARY OF MITIGATION MEASURES Resource potential Adverselmp~cts, Mitigation Measures Geological Resources · Would result in clearing and grading in HALO · No significant unique features exist; clearing and grading will be localized to specific areas for development resulting from densit7 shift, project sites; site plan and subdivision review will minimize potential impacts. · Would use public water supply in HALO areas and not in sending area locations. · Public water will be supplied by the Suffolk County Water Authority in conformance with the approved water map; hamlet locations are identified as appropriate water supply are.as. Water Resources · Would locally increase nitrogen load in HALO · A model was used to ensure that the average density of new development will not exceed areas through transfer conforming to Article 6, Article 6 limitations based on 20,000 SF lots. with reduced load in sendin~ areas. · HALO areas generally are suitable for development due to the current land use pattern; · Would decrease natural vegetation and habitat current activity levels preclude the presence of unique or sensitive wildlife species; impacts Ecological Resources acreages in HALO areas for those parcels which would be localized to specific projects sites and site plan and subdivision review would be currently possess such characteristics. used to ensure that significant adverse impact will not occur. · Though traffic would increase in some areas, it is noted that density is transferred from · Would generate traffic in HALO areas with other locations within the hamlet and many of these trips would exist on area roads; Transportation reduced traffic generation in sending areas; development in hamlets is encouraged for walkability shared parking and trips and use of Resources HALOs are more walkable and promote use of public transportation where available; individual land use proposals will be subject to site alternative transportation, plan and subdivision review for site access geometry, sight distance and traffic impacts which can be mitigated once a problem is identified. Land Use, Zoning & · The proposal would implement the Towns intended land use pattern through zoning law Plans · No adverse impacts expected, measures in conformance with past land use plans and studies; land use can be monitored and adjustments made if found to be necessary. · Service providers would experience small incremental increases in demand over a long · Would result in need for community services and period of time and as a result, providers would have time to anticipate and serve infrastructure in HALO areas, with reduced community needs; it is noted that the TDR program anticipates equal density between Community Services demand in sending areas; HALOs can more transfer and receiving areas and would not increase density. readily provide infrastructure. · Existing infrastructure is more prevalent in the hamlet areas and therefore better able to accommodate localized land use projects which redeem development credits. Communities participated in planning during the hamlet study and in the fall of 2006 when · Would result in more development in HALO · the Hamlet Density Model was discussed; a limit on development that will be monitored Community Character areas, with resultant reduction of development in sending areas; HALO development would be will be used to control density and assist in addressing community character; community use will be subject to small incremental changes over time and as a result can accommodate varied and potentially smaller in unit size. reasonable use through equal density transfer. · The program anticipates equal density with no increase in what is permitted under full build Socio-Economics · Would necessitate costs to provide services to the out Townwide; the TDR program is voluntary which is a mitigation in itself; the program provides options to landowners wishing to preserve agricultural use, and will be used to HALO development, supplement the PDR program; increased service demand will be addressed by ut~ility providers in accordance with their charters, these providers will regain costs through rates. Page 4-3 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS HALO areas generally are suitable for development due to the current land use pattem and historic settlement of these areas. Current transportation corridors, commercial areas, existing residential land use and the current activity levels preclude the presence of unique or sensitive wildlife species. Potential impacts would be localized to specific projects sites and site plan and subdivision review would be used to ensure that significant adverse impact will not occur. 4.4 Transportation Resources Because of the relocation of development associated with the proposed action (into the hamlets), there would be a substantial reduction in the potential for impacts to the Town's rural transportation resources, but a potential increase in impacts in the hamlets. The pattern of development and impacts would be changed, to the vicinities of the hamlets and the roadways linking them, and away from the more rural portions of the Town. Inherent mitigation exists as a result of the availability of public transportation and alternative forms of travel including pedestrian and bike activity. It is noted that most residents of rural areas of the Town require automobiles and travel and between hamlets for goods and services, thus placing vehicle trips on roads associated with hamlet areas by necessity. The program will not increase vehicle trips as the transfer ratio is one-to-one from sending to receiving areas. Trip generation may be reduced if alternative forms of development area sited in the hamlets, such as smaller units with less children that require less vehicle trips for family activities. Further, and as noted above, the walkable environment that is established through mixed, incremental increases in use intensity in the hamlets with also reduce reliance on automobile travel. Site specific actions can be considered as site plans and/or subdivisions are reviewed. Traffic improvements such as site access geometry, sight distance and road improvements, if necessary, can be considered in connection with use and site specific land use projects. The Town may also seek traffic-calming measures which are consistent with hamlet revitalization efforts and are often candidates for funding assistance under various New York State revitalization programs. 4.5 Land Use, Zoning and Plans Mitigation of potential impacts to land use, zoning and land use plans is inherent in the proposed action, as follows: · While the proposal would reinforce the existing pattern of land use in the Town, the goal is to achieve a level of protection for valuable aesthetic and environmental, social and other characteristics and resources that would otherwise not be achievable absent the proposed action. This would be achieved by a relocation of this gxowth toward the hamlets and away 15om the areas where these resources are found. · The proposed action would conform to the zoning pattern in the Town (in order to achieve the specific land preservations and development concentrations inherent in the proposal), and this development would be in conformance with the applicable elements of the Town Zoning Code. Page 4-4 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS The proposed action has been formulated specifically to implement a number of the recommendations contained in numerous Town land use plans and studies prepared over the past 20± years, and therefore is consistent with the Town's comprehensive plan, including preservation of farmland, community character and addressing housing needs. In summary., the proposal would implement the Towns intended land use pattern through zoning law measures in conformance with past land use plans and studies. Over time, land use can be monitored and adjustments made, if found to be necessary. 4.6 Community Services Service providers would experience small incremental increases in demand over a long period of time and as a result, providers would have time to anticipate and serve community needs. It is noted that the TDR program anticipates equal density between transfer and receiving areas and would not increase density. Existing infrastructure is more prevalent in the hamlet areas and therefore better able to accommodate localized land use projects which redeem development credits. Land use review of specific projects would ensure that significant increases in demand for services are addressed prior to the demand for such services. In summary, the relocation of future development in the Town away from primarily rural and agricultural areas and toward the existing hamlets (where infrastructure systems such as solid waste handling and disposal, water supply, wastewater treatment, and energy are established) would minimize impacts on these systems, as the availability of these services would be greater in the hamlets. 4.7 Community Character The proposed action contains its own mitigation of impacts to community character, as the development resulting from this action would tend to enhance the vitality and small-town character of the hamlets, while preserving the rural aesthetics of the adjacent open spaces and farmlands. Potential impacts to cultural resources would be mitigated by the proposed action by its preservation of undeveloped and agricultural lands (under which as-yet undiscovered cultural resources may lie undisturbed), thereby reducing the potential for impacts on established cultural resources. Land use in the hamlets will require consideration of site-specific resources at the time of land use review, which will provide adequate mitigation of cultural resources. From the standpoint of community aesthetics and related considerations with respect to character, stakeholders in individual hamlets participated in planning during the hamlet study and in the fall of 2006 when the Hamlet Development Model was discussed. The Model proposed potential density limitations that will be monitored and will be used to control density and assist in addressing community character. Overall, community use will be subject to small incremental changes over time and as a result can accommodate reasonable use through equal density transfer. Page 4-5 Town of $outhold Transfer of Development Rights Program Draft Suppi'emental Generic ElS 4.8 Socio-Economic Conditions It should be noted that the purpose of the proposed action is to provide for residential development to be located in the hamlet areas of the Town (where necessary infrastructure is present), rather than in the rural areas (where such supporting public facilities and services may not be available). An additional Town consideration is to reinforce and enhance the aesthetics of the hamlets with well-designed and appropriately-located growth that conforms to the character of each hamlet. This will simultaneously preserve and protect the rural character of major portions of the Town, which is the source of much of the Town's attraction for tour/sm and business. Since the program anticipates equal density with no increase in what is permitted under full build out on a Townwide basis, socio-economic aspects are little changed. The TDR program is voluntary which is a mitigation measure in itself in terms of the impact to individual landowners. The program is intended to provide options to landowners wishing to preserve agricultural use, and will be used as a supplement to the PDR program. Increased service demand will be addressed by utility providers in accordance with their charters, and these providers will regain costs through the ratepayers and as a result, major economic changes are not expected. 4.9 Cumulative Development Mitigation measures are inherent in the proposed action itself, as it has been conceived as a way to accommodate legitimate and needed residential development in the Town and simultaneously preserve the Town's valuable rural aesthetics and agriculture industry. The variety of receiving sites and the small incremental increase in density, provides mitigation from multiple projects should such development occur. The program is designed so that there is a limitation on development in the hamlets, and growth can be monitored as it unfolds. As a result, cumulative mitigation would be in-place as a result of the program. Page 4-6 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS 5.0 ADVERSE IMPACTS THAT CANNOT BE AVOIDED Section 2.0 of this document summarizes the character and environmental resources of the Town, and Section 3.0 assesses the potential for adverse impacts to those conditions resulting from the proposed action. Then, Section 4.0 analyzes those features of the proposed action that would mitigate the above-discussed impacts on those resources. Based on the proposed program and these analyses, it is noted that impacts directly caused by this program are very limited. The TDR program is essentially a geographic shift of resident populations that provides a more appropriate and sustainable land use pattern for the overall Town of Southold. This is because the existing pertinent Town Code regulations regarding development would allow for the same number of residential units to be developed in the Town using a different development pattern. There is a recognition that density would continue to be reduced and land would be preserved through purchase of development rights and fee title acquisition only. In addition, a major Town planning goal is to increase transportation efficiency and to create attractive altematives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. The TDR program is expected to further this goal. The program was envisioned in prior Town planning studies and as noted in Section 3.0, there are five significant factors that limit potential impacts: 1) the proposed action is the creation of legislation for a voluntary program to purchase development credits from sending areas, and place the same number of credits in a receiving area; 2) there are limitations on new development density in receiving areas as a result of Suffolk County groundwater management density limits; 3) growth in the hamlet receiving areas will be monitored for density, design, community character and aesthetics; 4) development in the hamlet receiving areas will occur through small incremental increases using a variety of development types; and, 5) purchase of development rights programs will continue and will result in further density reduction and open space preservation. The proposed TDR program is intended as a supplement to these programs so that PDR funds can be leveraged for continued acquisition. As a result, the primary impact is localized and involves physical changes that may occur as a result of an actual development project. Any new development resulting from this program will be subject to SEQRA and will have a corresponding benefit in terms of farmland protection in a nearby location within the Town. Therefore, some impacts may still exist for which no mitigation is available; these impacts are primarily related to site specific land use. Impacts which cannot be avoided are noted below: During the construction period for individual site development, there will be temporary increases in truck lxaffic and potential fugitive dust and noise generation, particularly during grading operations. · Clearing for individual sites will still occur, with possible reductions in vegetation and habitats for sites possessing such resources. · There will be change in the distribution of potable water required from the public water supply. Town of Southold Transfer of Development Rights Program · Draft Supplemental Generic ElS There will be a potential local increase in the concentration of nitrogen in recharge as compared to current conditions; however, the program is intended to conform with SCDHS groundwater management requkements for density. _There will be change in the pattern of vehicle trips generated by !and use in the hamlets, reducing trip generation in the rural areas of the Town and increasing populations in the hamlets. This will cause some local increases in vehicle trips; however, resident population shift to the hamlets will also promote use of other forms of transportation (pedestrian, bicycle, bus, etc.), and the vehicle trips without the program would still entail residents using their cars to access hamlet areas for goods and services. Traffic calming measures in hamlet areas will help minimize this impact. There will be a shift in various demographic patterns, including school-age children and senior citizens, though an increase is not expected since the program involves equal density from sending to receiving areas. There will be increases in the need for and use of the various community services and upon infrastructure resources, though it is noted that the hamlets are better able to accommodate the increased density than rural and farm areas that may not have convenient access to infrastructure and conununity services. In smmnary, the affected resources of the Town have been characterized, and the potential impacts of the proposed action on those resources have been assessed. Some impacts may still exist for which no mitigation is available; however, these impacts are primarily related to development of individual sites when and if tiffs occurs. Where possible, the impacts have been quantitatively and qualitatively discussed in previous sections of this document. The impacts of the proposed action are minimal as discussed in Section 3.0, and site specific development impacts will be minimized where possible by conformance to applicable development standards and regulations. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 6.0 GROWTH-INDUCING ASPECTS Growth-inducing aspects are those characteristics of an action that would cause or promote further development, either due directly to the proposal or indirectly, as a result of a change in the population or development conditions of that community or its market. An action's growth- inducing aspects may be analyzed in conjunction with those of other similar or complementaD, applications in the vicinity, or of its potential for promoting such applications. It should be noted that this proposed action does not propose any development, construction or growth; it has been formulated specifically to control the amount and pattern of future growth expected in the Town. In this sense, the prospect that the Town will experience growth is inevitable - it is the control of this growth and how it is accomplished that is the thrust of the TDR program. The proposed action is simply intended to channel expected growth into appropriate areas while reducing the amount of this growth in areas which the Town Board, based upon numerous prior plans and studies, proposes to preserve and protect, and to minimize the potential impacts of this growth on the environment. Obviously, relocation of growth to hamlets and commercial centers will increase the amount of and need for infrastructure improvements in these areas, if such are not already present or prove inadequate. These improvements include sanitary, water supply and drainage systems, roadway improvements, increased community services capacities (schools, solid waste handling, energy supply, public transportation, parking, etc.). In addition, increased populations may increase the potential for changes in need for and types of commercial businesses, particularly if these population changes include shifts in age and/or income distribution. The proposed Town Board action would provide an increased level of protection for agricultural land and open space and the rural qualities of the Town associated with these uses, while maintaining the capability of these privately-held properties to provide a reasonable economic return. Residential units would be available for development as transferred development rights or credits, to be used in designated receiving areas. In consideration of the foregoing, it may be concluded that the proposed action is not expected to result in a significant adverse change in the growth potential in the Town and that changes would be beneficial as a result of better conformance to land use plans and location of growth in more appropriate locations. Page 6-1 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS 7.0 ALTERNATIVES This section of the DSGEIS presents alternatives to the proposed action. SEQRA calls for a description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives of the project sponsor. The Town's "objectives" in this case, are the previously stated Town goals: · To preserve land including farmland, open space and recreational landscapes · To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. · To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to thek previous quality. · To preserve and promote a range of housing and business opportunities that supports a socio- economically diverse community. · To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. The discussion and analysis of each alternative should be conducted at a level of detail sufficient to allow for the comparison of various impact categories by the decision-making agencies. For the subject application, the following alternatives have been established: 1. No Action - assumes that the proposed action is not implemented. 2. Density Transfer Incentive - assumes that development credits are increased when transferred to a receiving area. 3. Use of Open Space as Sending Areas - assumes that farmland combined with open space (non- agricultural and/or wooded lands) or open space alone are established as sending areas. 4. Non-Residential Credit Redemption - assumes that development credits can be redeemed for non- residential use. 5. TDR Bank - assumes the Town establishes a method for purchase and re-sale of transfer credits. 7.1 No Action 7.1.1 Description of Alternative The no action altemative assumes that the proposed action will not take place, and the status quo will prevail. Under this alternative, existing land preservation programs will continue, but a TDR program will not be implemented. 7.1.2 Assessment of Compliance with Town Goals and Impacts This alternative does not meet the Town's goal of establishing a TDR program as outlined in the Comprehensive Implementation Strategy. Existing zoning and land use controls allow as-of- right development to occur throughout the Town's most important open space and agricultural Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS areas. Under this alternative, Town land use under current zoning would prevail, and land use controls including, conservation subdivision, clustering, PDR and land acquisition, would continue. If build-out continues with land preservation through the techniques noted above, there is a potential that the Town's goals would not be met. Development in areas outside of the hamlets, should it occur, would be more likely to require additional infrastructure and services. Current land preservation efforts will help to prevent potential impacts related to inappropriate development; however, availability of preservation funds and the voluntary nature of participation in conservation subdivision and PDR, could potential place an emphasis on clustering, which would result in development in areas throughout the Town, in contravention of Town goals. Maintaining existing purchase of development rights and acquisition programs would result in long-term cost to taxpayers and/or continuation of the 2 percent sales tax funding for an extended period of time, the fate of which is not known. The Town's goals of providing a range of housing opportunities and promoting properly planned development in the hamlets would also not be served. Existing zoning and land use controls, as well as experience with the nature of development that has taken place within Town, suggests that the type of new development that would take place would not necessarily expand the diversity of the housing stock or the range of housing opportunities. It is anticipated that the type of new housing constructed under this alternative would be typical high-end, detached single-family residences. This type of housing only serves a portion of the housing market, and a limited number of Southold residents. In this sense, the no-action alternative does not comply with the spirit of Town housing goals. Finally, traditional single-family residences do not support the Town's goal of increasing transportation efficiency. Additional single-family homes will generate additional automobile trips and would not promote a more sustainable development pattern which would include placing development in areas where road linkages, alternative transportation including public transit, bike opportunities and walkability are more prevalent. The purpose of the proposed TDR program is to provide an alternative to the expenditure of public funds for the purpose of land preservation. As envisioned, the TDR program would leverage available funding to target other lands for preservation. Since the TDR program involves a shift of development to more appropriate areas, does not increase density and is voluntary, impacts are substantially reduced in terms of private landowner rights. Implementation of the program would add a mechanism to achieve land preservation in rural areas of the Town, while shifting potential development to more appropriate areas in a manner that is more sustainable, and could potentially reduce density as a function of the type of housing units that are created as a result of the transfer. This alternative is not in keeping with the Goals of the project sponsor, the Town Board of the Town of Southold, as this governmental body initiated the TDR Planning Report and is moving forward with a variety of land preservation methods including TDR in order to maintain the qualities and character of the Town of Southold through sound land use planning. Town of Southold Transfer of Development Rights Program D~aft Supplemental Generic ElS 7.2 Density Transfer Incentive 7.2.1 Description of Alternative This alternative considers a program where an increase in the number of units is achieved when transferring density. For example, for each credit purchased, more than one development unit could be achieved within a receiving area. 7.2.2 Assessment of Compliance with Town Goals and Impacts The Town has had a history of seeking to reduce overall density in the Town. Density reduction is achieved through PDR, land acquisition and conservation subdivision, where participants use other compensation methods or voluntary density reduction to build less than the as-of-right density. Increased density resulting fi.om TDR would appear to be counter to density reduction initiatives of the Town. In terms of potential impacts, density increase would result in a greater number of development units than would otherwise be achieved, and as a result, could increase density-derived impacts in the hamlets. Not providing an incentive however, may make the program less attractive and less likely to be used, thereby causing the program to be less effective in achieving its intended goals. The TDR Planning Report considered this condition in the excerpted passage below: Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential must be carefully considered by each jurisdiction contemplating TDR so that transferred density reduces impacts through reduced unit size and appropriate siting to ensure sustainable development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental factors such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that, given water resource limitations, receiving area constraints and a unique real estate market, a density neutral transfer may have a high probability of success. The proposed program provides a wide range of altematives for redemption and use of TDR credits. When evaluating these forms of development using TDR, it is expected that there is an incentive provided for the use of credits. Each of these receiving area development types are considered below: Single Family Homes - Single family homes can be constructed on 20,000 SF lots in hamlets using TDR. This provides a significant potential increase over existing zoning, which in most locations requires 40,000 SF lots. Owners and investors in vacant lands including B, HB, RO, R- Page 7-3 Town of Southold Transfer of Development Rights Program Draft Supplemental Generli: ElS 40, R-80, A-C and R-200 zoning districts would be expected to take advantage of this density increase. The resultant un/t is a single family home, and as a result this is a significant incentive. · Two-Family Homes - Additional flexibility would be provided to create two-family homes within a variety of zoning districts including: R-40, R~80 and A-C zones. Existing homeowners that may wish to increase revenue or provide a single attached unit would be expected to seek this opportunity. · Multiple Family Dwellings - Since most HD zoned parcels are developed, there is a significant incentive to seek a change of zone from the Town Board on appropriate parcels within the hamlets, where multi-family housing may be appropriate. The Town is not and has not been included to change the zoning from low density, to increased density. However, use of transferred credits does not result in an increase in density, and may facilitate development wh/ch would otherwise not occur, while at the same time redeeming credits thus resulting in land preservation elsewhere. · Detached Accessory Dwelling Units - This option provides a significant incentive as it does not currently exist. Existing homeowners wishing to supplement income or provide the flexibility of an additional dwelling unit can purchase a credit and reap the long-term benefit of creating a Detached Accessory Dwelling Unit on the same lot. · Mixed use or flexible zoning developments under potential future Planned Development District - Should the Town create a PDD local law, this option would exist. PDD's have been consistently demonstrated as a way to achieve redemption of credits in connection with land use projects across Long Island. It is expected that appropriate development using PDD would result in the redemption of transferred credits as a means of achieving public benefits in connection with create land use proposals. If Town policy with regard to density changes and a greater emphasis on TDR is needed to ach/eve other land preservation goals, a density incentive could be considered. It is recognized that smaller units have less impact, and as a result, increased density can be justified if an individual 4-5 bedroom single family home that would otherwise have been built in a rural area of the Town is replaced with a smaller home in a hamlet area. The benefits of smaller housing units are undisputable and include: · Less generation of school aged children with concomitant tax revenue increases. · Generally less vehicle trip generation due to smaller family size. · Potentially lower volume of sanitary flow and water use, particularly if the unit is less than 1,200 SF in size or is a senior citizen unit. · Lower generation of solid waste due to smaller family size. · Lower sales price thereby creating additional mixed housing stock. · More sustainable form of development, located in a hamlet area and able to make use of local goods and services, walkability and alternative forms of transportation. As a result, increased density could be considered and would be justifiable. Given the concern over increased density, density incentive could be considered in terms of a small fxactional increase. A potential revised redemption schedule could be contemplated by considering the transfer credit to redemption credit in a ratio format noted as follows: Page 7-4 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS · Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units Retirement Unit · Planned Development District 1:1.0 (sending credit: receiving number of units) 1:1.5 (sending credit: receiving number of units) 1:2.0 (sending credit: receiving number of units) 1:2.0 (sending credit: receiving number of units) 1:3.0 (sending credit: receiving number of units) Dependent upon unit type as per above It should be noted that a density increase would require some definition and limitation on the size of units at the receiving site. In other words, the incentive for increase is based on an outcome that ultimately reduces unit size and resultant impacts. For example, if a credit from a receiving zone is redeemed for two (2) multiple family units, the multiple family units should be limited in terms of number of bedrooms and square footage so that the impact is reduced thus justifying the incentive. The appropriate limitations can be determined if the Town seeks to move in this direction. It is noted that the program of 1:1.0 (sending to receiving credits) is simple and easy to implement and would allow for any size and type of receiving area unit without the need for complicated definitions, restrictions and monitoring. This proposed ratio would have the potential of further encouraging use of TDR as a result of the density incentive. The reduction in unit size and resultant reduction of impacts supports density increases up to a 1:2.0 ratio, when considering water use and sanitary flow, demographics, school children, tax revenue, trip generation and solid waste, as was demonstrated through the Regional Impact Assessment Model used in the Town Comprehensive Implementation Strategy. This altemative would not change the density of development allowed in the hamlets, as the maximum permitted number of units would remain the same as for the proposed project. This alternative would be expected to promote the use of TDR perhaps over other programs, and as a result, would cause the maximum allowed development to be reached sooner than would otherwise occur through equal density TDR. As a result, this alternative would not necessarily add receiving area unit potential, and therefore does not address a more equal balance between sending area density and receiving area density. The Town would still have to rely on PDR and other land preservation tools to achieve ultimate preservation and agricultural use protection goals. In terms of impacts, this alternative would not be expected to cause a significant adverse impact since an increase for certain land uses which redeem credits in density is justified by virtue of the lesser impact of smaller un/ts which would be created in hamlet areas. The Town's intent to create a straightforward, achievable program which allows TDR to be used as a voluntary option for land preservation with a density shift and no expenditure of taxpayer dollars is a sound program, and can be implemented based on the proposed 1:1.0 ratio currently being considered as the proposed project. The sensitivity of the Town's resources, the unique economic conditions, the inability to develop within some rural areas of the Town given limited water supply resources and other sensitivity, all support maintaining a neutral density program. As noted, this alternative could be in keeping with the goals of the project sponsor if policy and land preservation needs shift to a greater dependency on TDR in the future; however, at this time, there does not appear to be a compelling reason to select this alternative. 7-5 rage Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 7.3 Use of Open Space as Sending Areas 7.3.1 Description of Alternative This altemative involves adding open space (woodland and lands other than agricultural land) to the sending areas, and/or using TDR for just open space lands rather than agricultural land. This alternative would operate in a similar manner to the proposed project by providing a means of preserving open space through a voluntary program between a seller of development rights in a designated sending area, to a buyer of development rights that intends to shift the density which would have been developed in the sending area, to various unit types permitted in the proposed receiving area. 7.3.2 Assessment of Compliance with Town Goals and Impacts This alternative would be consistent with Town goals in terms of open space preservation, and would advance a TDR program that would shift density, preserve open space and not deplete open space preservation funds as the program would involve private transactions between sellers and buyers. During the course of preparation of the TDR Planning Report, this alternative was given strong consideration. There were a number of considerations that lead to the recommendation contained in the TDR Planning Report and it is beneficial to state these considerations in consideration of this alternative for the purpose of this DSGEIS. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential fi'om non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in more detail in Section 4.4. [of the TDR Planning Report]. An additional discussion centered around how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS inventory observed to be actively farmed has been created. This however does not constitute an official map and involves subjective determination of land use status. The team felt it was necessary to seek a more objective inventory and as a result considered the Town database which records existing Agricultural District parcels and parcels with individual commitment status. This inventory was found to already have controls in place to objectively determine whether a parcel is actively farmed. The inventory is in GIS and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Agricultural District parcel inventory and lands which are the subject of an individual commitment were believed to be the most appropriate method of designating farm status for sending parcels. It should be noted that parcels can apply for Agricultural District and individual commitment status, as long as they Town of Southold Transfer of Development Rights Program Draft Sulbplemental Generic ElS meet thc parameters for such designation. As a result, the sending area will be updated periodically as parcels are accepted or removed to or from the Agricultural District or individual commitment status. The Town may wish to consider adopting a revised sending area map every three (3) years based on the updated inventory. In addition, as is noted in the TDR Pl~d-fing Report, there are more TDR credits than parcels that can receive those credits. This is atypical of most TDR programs; however, the Town of Southold has a number of unique considerations which include the following: · Water supply limiting factors may make it infeasible to build on certain parcels in sending areas. · Continuing aggressive land acquisition and purchase of development rights programs. · Continuing aggressive conservation subdivision planning which results in density reduction and open space preservation. · Unique real estate market which places value on residential units which are able to be consWacted within the Town. The TDR Planning Report ultimately recommended that parcels which are subject to Agricultural District designation or an individual commitment, be adopted as sending areas. A summary of the basis for this recommendation is provided as follows: · PDR is directed toward agricultural parcels; TDR is viewed as a program to supplement the PDR program and reduce required expenditure of public funds. · There was a desire to not have TDR complete with other acquisition programs including fee simple acquisition which is most commonly used for wooded open space parcels. · Use of fee title purchase allows the Town to use parcels that are purchased for public access to passive open space; under TDR, the landowner retains ownership of the parcel. · TDR would target parcels which have residual value for farm use, after development rights transfer; this allows a landowner to continue to put the land to productive use, and provides compensation to the owner. · Inclusion of open space parcels would further increase the potential sending credits, which would farther limit the ability to provide receiving areas for all of the credits generated in sending areas. As a result, there is logic to not expanding the potential number of sending area credits and for reasons noted above. IfTDR were used for wooded open space parcels only, and not for agricultural land, the number of potential sending credits would be reduced; however, PDR would be the primary method for protection of agricultural lands as it is currently. As a result, the goal of providing supplemental funding of famaland protection through private transactions involving the purchase and transfer development rights to more appropriate locations would not be addressed. A TDR program directed only toward open space lands would apply to a limited number of parcels since the vast amount of land which the Town is seeking to protect is farmland. There is one benefit in terms of clear conformance with SCDHS requirements under Article 6 of the SCSC. Use of TDR only for non-agricultural land would shift density fi-om parcels that do not cause nitrogen loading, and as a result would allow the Town TDR program to more readily conform with SCDHS density limitations. More specifically, transfer off of agricultural lands is Town of Southold Transfer of Development Rights Program Draft Supplem'ental Generic ElS not viewed as a shift in sanitary flow since farmed parcels are considered to cause nitrogen loading similar to residential development. As a result, receiving parcels must conform to Article 6 of the SCSC by providing development densities on lots greater than 20,000 SF in size, unless double density is permitted through Board of Review decisions consistent with SCDHS General Guidance Memo #17. The Town has endeavored to create a program that ultimately will not increase density over what would be allowed under Article 6 and General Guidance Memo # 17, and so this benefit is not considered significant. This alternative would not be expected to cause significant environmental impact as it would be voluntary (similar to the proposed project) and would involve preservation of land and transfer of density from rural areas to hamlet centers. This was studied in Sections 2.0 and 3.0 of this DSEIS, as related to the TDR program for transfer from agricultural land. The inclusion of open space lands is more of an economic issue as to whether there are sufficient opportunities to redeem credits in the receiving areas. Based on the discussion of this alternative, there does not appear to be a compelling reason or benefit to expanding the sending area to include open space parcels, nor does there appear to be a substantial benefit to applying TDR only to open space and not to farmland. The Town Board can further evaluate sending areas through this SEQRA process and after adoption of a program to best address the needs of the Town through the TDR program. 7.4 Non-Residential Credit Redemption 7.4.1 Description of Alternative This alternative assumes that development credits could be redeemed for non-residential use. More specifically, this would allow the receiving area to increase commercial square footage or use intensity, through redemption of credits which originate from the sending area. 7.4.2 Assessment of Compliance with Town Goals and Impacts The redemption of credits for commercial use was considered during the preparation of the TDR Planning Report. An overall theme was to create a program that is simple and can be implemented, in order for the Town to offer options to sending area landowners that would promote preservation of farmland through compensation, while shifting land use density to more appropriate locations in the Town HALO areas. Consideration of non-residential credit redemption was viewed as more complex than locating residential credit opportunities for several reasons: · A formula would need to be established to convert a development credit which originates from residential land, to a corresponding commercial use intensity. · Market conditions will establish the needed amount of commercial space in the hamlet centers; there may be sufficient commercial space in the hamlets either existing or which can be built Page 7-8 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS under current zoning, to accommodate this demand. As a result, an incentive for transfer of commercial density may not be attractive. · Business zoned and used parcels in thc hamlets tend to be smaller and as a result, transfer of density to these smaller parcels would result in greater difficulty in complying with density limitations under Article 6 of thc $CSC. A commercial transfer program currently exists through Suffolk County's Board of Review, a variance board that considers requests for density increases above the Article 6 requirement. There are numerous Towns and Villages that have zoning in place that would permit more intense development under their zoning, than that which could be achieved under Article 6. The Board of Review often requires a sewage flow credit in order to justify relief from the 300 or 600 gpd/acre sanitary flow limit (depending upon which Groundwater Management Zone and if public water is available). As a result, land is sterilized and there is no actual increase in development over what is permitted by zoning. The Town Board may wish to consider providing a commercial density transfer component of the program in the future, after the program is established and the need for further credit redemption options is determined. Attachment F of the TDR Planning Report (contained in Appendix B of this DSEIS) includes the Suffolk County design flow figures assigned to various uses. A single family residence has a design flow of 300 gpd, which is referred to in the table as a Single Family Equivalent. A credit in terms of both sanitary flow as well as the proposed Southold TDR program, is essentially one (1) residential dwelling, and therefore has a sanitary flow equivalent of 300 gpd. Commercial uses can therefore be equated to a transfer credit, by dividing the design flow of that use into 300 gpd to determine the number of square feet that is equal to a single family dwelling (SFD). For example, dry stores have a design flow of 0.03 gpd/SF. Therefore, 10,000 SF of space is equal to an SFD (300 gpd / 0.03 gpd/SF = 10,000 SF). A direct relationship of providing 10,000 SF of dry store for a single credit would create too large a structure if transferred to a hamlet. If such a program is contemplated, it is recommended that a reduction factor of 50% be applied to the calculated single family equivalent density in order to not cause a significant increase in commercial square footage through this technique, and in order to still maintain a program where residential density transfer is attractive. A table of typical commercial uses, equivalencies to an SFD (or credit), and the recommended transfer square footage, is provided below. TABLE 7-1 COMMERCIAL CREDIT EQUIVALENCY SCHEDULE Use Design Flow qmva!~ncy Rec0mmended ~o SFD Transfer SF General Office 0.06 gpd/SF 5,000 SF 2,500 SF Medical Office 0.10 gpd/SF 3,000 SF 1,500 SF Dry Store 0.03 gpd/SF 10,000 SF 5,000 SF Industrial Storage/Warehouse 0.04 gpd/SF 4,000 SF 2,000 SF Restaurant Seat (nitrogen flow only) 10 gpd/seat 30 seats 15 seats Bar Seat (nitrogen flow only) 5 gpd/seat 60 seats 30 seats Page 7-9 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS The TDR program is based on complying with Article 6 of the SCSC by determining the maximum potential number of units that could be built on 20,000 SF lots over the vacant unencumbered land in each HALO, and by applying a maximum number of units of less than this calculated amount. This is also logical since many of the zones which permit business use, also permit residential use and these zones are included in the determination of maximum yield. If a commercial credit transfer program is based on a Single Family Equivalent, each time one credit is used, this could be subtracted from the remaining maximum credits assigned to each hamlet. In this manner, if SCDHS agrees with the program method for Article 6 compliance, a commercial credit transfer can be integrated into the TDR program in a relatively simple manner. Separate from the maximum density permitted in a hamlet, ifa parcel which permits business use only seeks to increase commercial density through credit transfer, this could be achieved through direct conformance to Article 6 of the SCSC for on-site density. As a result, commercial credit transfer could be considered for sites that are of sufficient area to accommodate the use under Article 6, for such sites that cannot achieve that maximum use under Town zoning restrictions. The SCDHS Board of Review could also double the density if a sanitary credit (one which sterilizes vacant land) is used. A site which is of a size that can construct a wastewater treatment facility, could also use commercial credit transfer as a means of achieving a land use project and purchasing and retiring transfer credits. This may include using this technique in connection with Planned Development District, mixed-use projects, should the Town provide a local law for this form of zoning/development as recommended in the CIS and the TDR Planning Report. The Town could also encourage the continuation of the SCDHS Board of Review practice of requiring a sanitary transfer credit in connection with applications for relief from Article 6 density requirements as this results in sterilization of land which effectively reduced potential density elsewhere in the Town, without an increase in density in the hamlets so long as the resulting project does not exceed existing Town zoning. This alternative has advantages of providing additional mechanisms for density transfer which would result in a reduction in residential uses, and an increase in commercial square footage. Ultimately in terms of population, fids would be a density reduction, rather than a density shift. No new residential units would be constructed in conjunction with transfer credits originating from residential land in rural areas. The result would change residential density to commercial use for each credit that is redeemed for commercial purposes. Commercial uses do tend to generate more traffic, but if located in an existing hamlet, such density would be placed in an area where shared parking and vehicle trips would be expected, and some opportunities for public transportation would be available. In addition, commercial square footage provides increased tax revenue and consumer opportunities. The market response to fids opportunity is not known. As noted earlier in this section, it may be possible that the existing businesses address current consumer demand in the hamlets, otherwise there would be pressure to build-out the remaining business zoned land. Page 7-10  Town of Southold Transfer of Development Rights Program ' Draft Supplemefital Generic ElS This alternative would promote the preservation of farmland and would result in further commercial development in the HALO areas (where development is considered to be appropriate) which is in keeping with Town goals. No significant adverse environmental impacts arc anticipated as this alternative is also voluntary, and would complement a beneficial land use program that is in keeping with Town land usc and preservation goals. In conceiving this program for the purpose of establishing a TDR program, the Town Board sought to explore a straightforward and achievable program. Application of TDR to residential transfers only, seemed to best achieve this goal. The Town Board felt that once a program was established, other options could be examined and potentially added to the program. There do not seem to be any significant disadvantages to providing the opportunity for commercial credit transfer under the parameter indicated in this section, and the advantages of providing additional credit transfer incentive to complement the TDR program are a benefit. As a result, the Town Board could consider this alternative as a supplement to the TDR program either now or in the future. 7.5 TDR Bank 7.5.1 Description of Alternative This alternative assumes the Town establishes a method for purchase and re-sale of transfer credits as opposed to the proposed project which envisions that the Town will only record credit issuance and redemption and allow the private market to engage in credit transactions. 7.5.2 Assessment of Compliance with Town Goals and Impacts This alternative would support the TDR program through a more active role of government in the purchase and sale of TDR credits. If implemented, the Town could create a fund to purchase credits from landowners for compensation based on fair market value which would be similar to PDR transactions. Property owners would have the option of selling credits privately or to the Town. The Town would retain credits and re-sell them to purchasers that would use credits in conformance with the options for credit redemption outlined in the TDR Planning Report. This alternative would support and promote the TDR program in a pro-active manner and is a logical complement either in the early stages of the program or in the future. This alternative would not be expected to have a significant environmental impact since it is primarily a financial alternative that would not change the rudiments of the TDR program. However, it is noted that Town funds would be required for purchase of credits. Over time, it is expected that any outlaid funds would be reimbursed through sale of credits. The Town may wish to consider funding and creating a TDR bank in support of the program. %11 ~-~,~ ~. ~ LLC rage Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS APPENDICES Town of Southold Transfer of Development Rigbts Program Draft Supplemental Generic ElS APPENDIX A Findings Statement, CIS, Town Board Southold Comprehensive Implementation Strategy Findings Statement STATE ENVIRONMENTAl, QUALITY REVIEW ACT FINDINGS STATEMENT SOUTHOLD COMPREHENSIVE IMPLEMENTATION STRATEGY Town Board, Town of Southold Pursuant to Article 8 of the New York Environmental Conservation Law and Title 6, New York Codes, Rules and Regulations Part 617, the Town Board of the Town of Southold, as Lead Agency, hereby makes the following findings. Name of Action: Southold Comprehensive Implementation Strategy Lead Agency: Town Board of the Town of Southold 53095 Main Road Southold, NY 11971 Contact Person: Hon. Joshua Horton, Supervisor (631) 765-1800 Date Findings Filed: September 23, 2003 INTRODUCTION This Findings Statement has been prepared pursuant to the requirements of 6NYCRR Part 617.11, which requires that no Involved Agency shall make a decision on an action that has been the subject of a Final Environmental Impact Statement (EIS) until such time as the agency has made a written Findings Statement concerning the facts and conclusions of the Draft and Final ElS relied upon to support its decision, weighed and balanced relevant environmental impacts with social, economic and other considerations, and provided a rationale for the agency's decision. In order to meet this SEQRA provision, the Southold Town Board has prepared these Findings related to the significant issues identified in the Draft and Final Generic EIS prepared for the proposed action. These findings consider the GEIS record as well as comments received from the public during the extended comment period provided on the FGEIS. LOCATION The proposed action will apply to the entire Town, though individual recommendations may apply to only specific areas or zoning districts. Page 1 Southold Comprehensive Implementation Strategy Findings Statement DESCRIPTION OF ACTION The proposed action involves the evaluation and, where appropriate, implementation by the Southold Town Board of the recommended planning and program tools and measures described in the planning studies undertaken within the Town over the past 20 years, in order to ensure that Southold's growth conforms to established goals. The studies, plans and recommendations have been reviewed in terms of current needs and Town goals to achieve the Town's vision. The series of actions represented by the proposed action has been designed to achieve these goals primarily through legislative means, with educational and public awareness efforts, capital improvements and expenditures, direct Town management and inter-agency/quasi-agency initiatives to be utilized secondarily. It should be emphasized that the proposed action does not include specific physical changes. During the course of the project's formulation, the Town's goals and intent were further refined through a series of policy discussions held with the Town Board at public work sessions. These discussions provided clear guidance in terms of factors that the Board would like considered in the Comprehensive Implementation Strategy. The Town's goals that are addressed in the strategy are: · To preserve land including farmland, open space and recreational landscapes. · To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. · To preserve the Town's remaining natural enviromnent; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. · To preserve and promote a range of housing and business opportunities that support a socio- economically diverse community. · To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. The 43 recommendations which were delineated during review of the plans (consolidated and summarized in Table 1) are being considered by the Town Board for implementation in the form of amendments to Town procedures, the Town Code and various Town regulations, in conformance with the Town's Master Plan. The Town Board intends to initially consider all prior recommendations with an emphasis on those that protect farmland and open space, promote affordable housing and preserve natural resources. The Board may prioritize, narrow down or select implementation tools that best achieve the goals of the Town. The proposed action will provide a means to ensure that the above-listed Town goals will be achieved through a comprehensive, well-established and well-considered land use decision- making framework. Page 2 Southold Comprehensive Implementation Strategy Findings Statement TABLE 1 IMPLEMENTATION TOOLS AND KEY GOALS planning Process, Zoning and Zoning Code 1. A-C District Use/Dimensional Parameters (mechanics of zone; now essentially same as other residential zones) 2. Rural Incentive District (based on incentive zoning; exchange of benefits, i.e. maintain open space/farm use for period of time in exchange of PDR at appropriate yield/density) 3. Agricultural Overlay District/A-C Zoning Review (geographic definition and goals) 4. 5-Acre Upzoning (A-C District town-wide or specific area) 5. Review Special Exception Provisions (Winery-Vineyard; adequate farmstand parking) 6. Review of Zoning Code (mandatory clustering, recreational requirements, revise Sign Ordinance; review R-0, LB district; water dependent uses; accessory apartments, AHD standards (expirations), B&B's, home occupations, discourage strip shopping centers & fast food in FIB, flag lots, encourage common driveways; change of use requirements) 7. Review Zoning Map (Mattituck Creek, industrial on Route 25 west of Greenport, FID in Greenport; water dependent uses, Al-ID - repeal or expand) Review Subdivision Regulations (road requirements; drainage; lighting; infrastructure) 9. Review Highway Specifications (road requirements; drainage; lighting; infrastructure) 10. Conservation Subdivision Program (define and implement 75-80% land preservation through land use tools and density reduction) 11. Planning Process & Encourage Committee/Agency Participation (formalize pre-submission conference, review departmental organization; review committees; emergency service provider input) 12. Transfer of Development Rights (mechanism for appropriate density relocationdmanagement) 13. Planned Development District Local Law (provide for flexible development/yield in exchange of special public benefits, i.e. affordable housing, infrastructure, dedication, etc.) 14. Tree Preservation Local Law (limit removal of trees unless through subdivision/site plan review; define tree size and applicable acreage) 15. Critical Environmental Lands Local Law (steep slopes and escarpments, shallow groundwater, wetlands, waterways; define for yield purposes) 16. SEQRA Local Law Review/Revision (Type 1 List; possibly add Scenic-Byways; Critical Environmental Areas) 17. Scenic By-Ways Overlay Development Controls (Route 48/25; define corridor 1000'/500'; reconcile farm structures; setbacks, mass, architecture; Committee review, SEQRA designation) Page3 Southold Comprehensive Implementation Strategy Findings Statement ~ducation~nforeement 18. Agricultural District ReviewfEducation (Agriculture and Markets Law; encourage participation; maintain existing participants) 19. Create General Guidance Documents (Design Manual, transportation management/traffic calming, develop illumination standards; BMPs; cross access agreements; side road access) 20. Natural Environmental Education (ensure good quality surface/ground surface waters; BMPs; 1PM; coastal erosion control; beach width monitoring) 21. Watershed Protection Zone/SGPA's (signage, educational distribution materials, link with land use controls) 22. Encourage Use of Public Transportation (relate to Transportation Management Plan; create hubs; ferry linkages; winery shuttles) 23. Transportation Management Plan (Transportation Commission; encourage transportation/pedestrian improvements and public transit; create ham]et hubs; ferry linkages, winery shuttles, signage; "best route to"; work with LIRR) 24. Economic Development Plan (manage tourism; commercial fishing; recreational boating; uniqueness of agriculture; mariculture; capital improvement progrmn; B&B's, network of visitor centers) 25. Enforcement (illegal conversion of agricultural buildings; use expansion controls; change of use requirements) CaPital Improvements/Expenditures Improve Waterfront Access (acquisitions; obtain/maintain; inventory Town land and improve) 27. Administer Parks of Town-wide Significance (inventory Town land, conform to park plan; public beach quality improvements) 28. Prioritize and Supplement CPPP (additional acquisitions; scenic by-ways acquisitions; sensitive land; prioritize) 29. Create a Centralized Year-Round Recreation Complex (determine need, implement if necessary) 30. Affordable Housing Policy (geographic/type diversity, targets and new development, review every, 2-5 years; provide incentives, accessory apts., financial assistance; Housing Authority) 31. Concentrate Development in Hamlets (del-me hamlets; ensure appropriate infrastructure; affordable housing; link with land use mechanisms/tools; capital improvement program; traffic calming) 32. Park District/School District Boundaries Conformity (determine need and reconcile districts) 33. Update Park Inventory and Management Plan (prior 1980 study needs updating; input into GIS; manage recreational resources) ;4. Create a Parks and Recreation Department (manage parks, recreational resources, non-church cemeteries) Page 4 Southold Comprehensive Implementation Strategy Findings Statement ;5. Scenic By-Ways Management Program (Route 48/Route 25 currently designated; signage, link with Overlay for standards/guidelines/land use controls) 36. Trail Inventory/Trail Committee/Bikeways (Transportation Commission exists, determine appropriate committee inventory, input into GIS, manage, trailhead directional information in kiosks) 37. Inventory and Manage Cultural Resources (archaeologically sensitive areas; Historic District designation; plaques; landmark designation; input into GIS, manage) 38. Architectural Review Board and Design Parameters (determine need; establish body; generate guidance; integrate into land use review process) 39. Scenic Advisory Board (determine need for new Committee; manage scenic corridors, town-wide scenic resources) Inter-Agency/Quasi-Agency Initiatives 40. Housing Financial Assistance Program (North Fork Housing Alliance; review other opportunities based on 1993 report and Updated Affordable Housing Policy) 41. Develop Water Supply Master Plan (Town involvement, SCWA preparing; manage infrastructure with other agencies) 42. Emergency Preparedness (groundwater contamination, drought management; ensure adequate emergency services (police, fire, ambulance); flood hazard mitigation plan; erosion) 43. Social Services Programs (senior citizen care, adequate community facilities, day care, meals on wheels, churches, libraries) Page 5 Southold Comprehensive Implementation Strategy Findings Statement STEPS TAKEN IN CONNECTION WITH THE PROPOSED ACTION The following steps have been taken by the Town Board, in compliance with the Environmental Conservation Law: The Town government, private groups and concerned citizens came together in an effort to address land use issues before it became too late to save the Town's natural resources and valuable and unique character. The Town Board enacted a moratorium on residential subdivisions and multi- family developments requiring site plan approval, so that the Town would have sufficient time to determine the extent of land use problems and to develop and implement a plan to protect Town resources and qualities. The purpose of the moratorium specifically states that several inter-related planning initiatives should be considered, noted as follows: the recommendations of the Blue Ribbon Commission and the Local Waterfront Revitalization Program (LWRP), and concerns in regard to affordable housing availability and public infrastructure usage. The Town Board formed a working group/moratorium team for the express purpose of determining a legally defensible, cost-effective, efficient and effective implementation strategy to achieve the Town's goals. During four intensive sessions held during September 2002, the group examined the Town's needs, resources and database. This review indicated a need to translate the various studies, recommendations, Committee input, Commission reports, staff efforts and Town Board initiatives into a cohesive plan. The group concluded that the basic goals of the Town remain sound and should be built upon. The inter-relationship of existing and proposed programs should be reinforced so that revised procedures and legislation result in more consistent and better decisions by Town boards and departments. The Town Board was advised of the preliminary Findings and Recommendations of the working group and, as a result, formally authorized the Town Planner, Town Attorney, Land Preservation Coordinator, two planning consultants and two consulting land use attorneys to advance this Implementation Strategy. The issues to be addressed were categorized by the moratorium team as being primarily either environmental or socio-economic in character. The Moratorium Team synthesized a total of forty-three (43) different recommendations from these studies. These recommendations are being considered by the Town Board for implementation, in the form of amendments to the Town Code and in various Town regulations, to modification of Town procedures, and other policy and management initiatives; these changes would be provided to better implement the Town's Comprehensive Plan. The proposed action involves legislative changes, with no specific physical changes within the Town proposed. · The Town Board intends to initially consider all currently relevant prior recommendations with an emphasis on those that protect farmland and open space, promote affordable housing, and preserve natural resources. The Board may prioritize, narrow down or select implementation tools that best achieve the goals of the Town. By late 2002, the Town Board determined that its formulation of the proposed action had evolved to a point where it was appropriate to initiate formalized public and agency review. Therefore, in consideration of the definition of "action" under SEQRA, the Southold Town Board indicated its determination that this proposed action may have significant impacts, and issued a Positive Declaration on its action, thereby initiating the SEQRA process. Page 6 Southold Comprehensive Implementation Strategy Findings Statement An Environmental Assessment Form (EAF) Part I based upon the proposed action was prepared for the Town Board (by the Town Planner and Nelson, Pope & Voorhis, LLC, as consultant to the Town). The Town Board reviewed the EAF and, in conjunction with the provisions of SEQRA, determined that the proposed action meets the criteria for a Type I action, and, as the Town Board proposed to undertake the action itselI; assumed Lead Agency status. Based upon this document, the Town Board, as Lead Agency under SEQRA, determined that the proposed action may have a significant impact on the environment, and issued a Positive Declaration, requiring that a Generic EIS be prepared (January 7, 2003), and scheduled a public scoping meeting for January 29, 2003. The draft scope for the GEIS was prepared by the project sponsor and submitted on January 7, 2003 consistent with SEQRA procedures. Subsequently, a public scoping meeting was held on January 29, 2003, and written comments were accepted by the lead agency until February 10, 2003. A revised draft scope which addresses the valid comments and issues raised during the entire public comment period (as determined by the lead agency) was prepared, and the lead agency issued its Final Scope on April 8 (22), 2003. The Draft GElS was prepared based upon this Final Scope. On June 3, 2003, the Town Board accepted the Draft GElS as complete and adequate for public review and issued a Notice of Completion of the Draft GEIS. The DGEIS was filed in accordance with SEQRA procedures identified in 617.12, and was broadly disseminated and made available at multiple locations including libraries, Town Hall offices and the Town of Southold web site. A public hearing on the Draft GElS was held on June 19, 2003, and was continued to June 23, June 24, July 8 and July 15, 2003; the Lead Agency accepted written comments until July 28, 2003. A draft Final GElS was submitted to the Town on August 29, 2003. The Town Board met to discuss this draft on September 4 and September 9, 2003. A Notice of Completion of the Final GElS was issued by the Town Board on September 9, 2003. The public review period on the FGEIS was expanded beyond the minimum 10 days required to the close of business on September 22, 2003. Two comment letters were received by the lead agency from the public during the extended comment period on the FGEIS. One letter addressed the issue of Country Inns, requesting that the subject of Country Inns be removed from the document. The GEIS record is complete and comments from the public are noted with respect to Country Inns. Reference to Country Inns cannot be removed from the document as it has been a consideration of past studies and may present certain options that the Town Board may wish to consider in the future. Any proposed legislation would require review consistent with Part 617.10 (d) to determine if it was addressed adequately in the FGEIS. Further SEQRA consideration should be based on the specifics of proposed legislation. The second letter comments on the adequacy of responses in the FGEIS with regard to projecting a build out analysis based on a continuation of land preservation efforts, providing several examples, and suggesting that the authors of the FGEIS were seeking to support a particular planning tool. The FGEIS sought to disclose facts and make projections related to land preservation, recognizing that Page 7 Southold Comprehensive Implementation Strategy Findings Statement land preservation would continue, and establishing the relative success of such continued efforts toward meeting the stated goals of the Town for land preservation and density reduction. The analysis indicated that land and development rights acquisition alone would not allow the Town to meet it's stated goals. The FGEIS indicated that water restrictions may not always exist, particularly in view of the Suffolk County Water Authority findings that various water supply options would not have a significant adverse effect on the environment; this supports the concept that proper land use planning measures should be in place so that the water supply needs of the Town can be met for protection of the health and welfare of the community. The GElS did not support a particular tool or series of tools, but sought to examine the potential adverse environmental impacts of possible planning initiatives assembled for the purpose of analysis. The Draft and Final GEIS are the documents of the Town Board. The Board designated a team of independent consultants and Town planning, legal and land preservation staff to prepare documentation for Town Board consideration. Two liaisons of the Board met with the team throughout the process, and report text was made available to the overall Town Board for review, comment and input prior to finalization. The Town Board is ultimately responsible for the content of the GElS documents, regardless of who prepares them. Town Board input and review occurred throughout the preparation of SEQRA documents, and the Board adopted the Draft and Final GElS reports by resolution. In review of letters received during the comment period on the FGEIS, no new substantive comments were received which would alter the basic findings of the GEIS record. These letters are on file in the office of the Town Clerk of the Town of Southold. In consideration of the foregoing, it is clear that the Southold Town Board, as lead agency, has fully and properly complied with the procedural requirements of SEQRA. Page 8 Southold Comprehensive Implementation Strategy Findings Statement POTENTIAL SIGNIFICANT IMPACTS The following is a compilation of the potential significant impacts that were analyzed in conformance with the Final Scope for the GEIS. Regional Impact Assessment for Build-Out Conditions Laud Preservation Efforts and Future Development Trends Resoume Impact Analysis Geological Resources Water Resources Ecological Resoumes Transportation Resources Air Resources Land Use, Zoning and Plans Demographic Conditions Community Services Infrastructure Community Character Cultural Resources Economic/Fiscal Conditions Use and Conservation of Energy Resources Potential Impacts of Implementation Tools These Findings summarize the facts and conclusions of the Final GELS. The Final GEIS (which includes the DGEIS by reference) is the seminal document in the identification of those activities considered to have significant environmental impacts and in the identification of those measures designed to mitigate such impacts. The commentary received from involved agencies and parties of interest were used in the analysis of significant impacts to the environment and in the formation of these Lead Agency Findings. FACTS, CONCLUSIONS AND MITIGATION MEASURES CONTAINED WITHIN THE DRAFT & FINAL GEIS'S RELIED UPON TO SUPPORT THE LEAD AGENCY DECISION Summary of Existing Land Preservation Efforts Southold Town has been aggressive in pursuing voluntary preservation methods to reduce density and achieve farmland and open space preservation. The Planning Board office and Land Preservation office are available to assist landowners, and actively participate with owners to structure creative projects that reduce density and preserve land. The use of PDR is a common land preservation/density reduction tool. In addition, groups such as the Peconic Land Trust are active in working with farm and landowners to achieve adequate limited development, compensation/equity and tax relief, in connection with permanent land use and preservation. A tracking procedure was established as part of the Comprehensive Implementation Strategy, and statistics show that the Town has been successful in preserving land and reducing density. Page 9 Southold Comprehensive Implementation Strategy Findings Statement In considering these trends, three facts are apparent: increasing development pressure can be expected due to decreased land availability to the west, coupled with a strong demand for housing; the Town and other governmental jurisdictions do not control, and may not be able to ensure continued, voluntary preservation at current levels; and, the lack of available public water may not always be an impediment to development. The tracking and statistics compiled in connection with the Town's preservation efforts are laudable and informative; however, diligence must be exercised for proper zoning, planning and preservation efforts if the Town is to grow in a manner consistent with it's goals. Information compiled for the Final GEIS indicated that the average amount of land preservation from 1997-2002 was 260 acres per year. The estimated average amount of residential development over the past 6 years has been 200 to 225 acres per year. Assuming the rate of development will not decrease and is now marginally less than the rate of preservation and further assuming a target goal of preserving 80 percent of all farm and open space land within the Town, then it is clear that the rate at which land is being preserved will have to be increased dramatically in order to counter the rate at which land is being developed. Continued PDR is an important ongoing component of the Town's farmland and open space protection program. Other measures are explored in the CIS GEIS for the Town to consider in order to conform to the Town's stated goals. Impact Analysis A "Build-Out" analysis was prepared to determine the character the Town would assume if land use proceeds in a manner strictly according to the zoning of the land, considering only permanent protection measures and legal mechanisms that would restrict growth. In general, a build-out analysis is a planning exercise used to determine the amount of development that can occur under existing zoning and land use controls. The basis for Southold's Build-Out analysis is in the Town's 9 residential and 8 non-residential zoning districts. The Build-Out analysis was compiled using the Town's Geographic Information System (GIS). Using GIS, a theoretical projection of how much development could occur on a given parcel in a particular zone was produced. It must be understood that the Build-Out Analysis is a "theoretical" one, based on the potential acreage and number of units that could be built on land that is not in some way permanently protected. This assumes that all unprotected land is developed to its full potential and would occur over an extended period of time. This theoretical full Build-Oat is useful as a reference point to determine the nature of development that could be achieved if full build conditions remain in effect, as compared with modifications of those conditions. Development as described by this Build-Oat analysis might never be achieved, and if it were approached, it would take place over an extended period of time. The net difference between full Build-Out and Build-Out under modified conditions provides a basis to understand the magnitude of change and therefore impacts from a proposed project or alternative. The FGEIS found that some of the tools (proposed actions) were of a procedural or legislative nature, which would not have a physical environmental impact on resources. However, evaluation of some tools in the context of potential physical changes to the Town's environment Page 10 Southold Comprehensive Implementation Strategy Findings Statement was conducted in the FGEIS. The analysis primarily reflected physical changes due to density reduction and open space preservation initiatives. Other tools dealing with transportation, capital improvements, housing and social services would have no effect on environmental resources. The following is a synopsis of the conclusions of the Lead Agency with regard to the environmental impacts associated with the su~ect action. These conclusions are based upon a review of the Draft GELS, the Final GEIS and public commentary as well as all other relevant planning, zoning and environmental information. Relevant considerations are as follows: Geological Resources Of the tools that would have an impact on geological resources, a reduction in available residential lots resulting from density reduction measures is expected to significantly decrease the mount of land cleared and graded for development. In addition, it should be noted that the geographic distribution of clearing associated with development of this reduced number of units would be concentrated in areas where such impacts could be tolerated due to the presence of existing disturbance and development, and on soils having less value relative to farming potential. These considerations would reduce the potential for impact to geological resources. Water Resources Of the tools that would potentially impact water resources, reduction in residential units would result in a corresponding significant reduction in groundwater pumpage; specifically, the lower number of units will require less water for in-home consumption and less water for lawn irrigation. As a consequence of the overall reduction and relocation of development, the potential for adverse impact to groundwater supplies and quality would be significantly reduced, as growth would be directed towards areas already served by public water suppliers, where adequate water supply and infrastructure already exist. As development would occur in areas distant fi.om agricultural use, the potential for impact to irrigation water would be reduced. Additionally, there will be a reduced potential for impact to groundwater quality, as the volume of sanitary sewage will be reduced, and the reduced acreage of lawns will reduce the potential for impacts from lawn chemicals, particularly due to nitrogen loading. Density reduction and control, retention of natural vegetation, limitations on fertilizer dependent vegetation, and reduction in residential irrigation needs are all components of the implementation tools that will tend to benefit the Peconic Bay and Long Island Sound estuaries as well as the Towns creeks and inland freshwater lakes, ponds and wetlands. Ecological Resources Elements of the proposed action would result in a decrease in the amount of developed areas within the Town. Therefore, ecological impacts are not expected as a result of these elements. Additionally, few impacts to the Town's wetland resources are expected, as all future development will continue to require both Town and State wetland permits, requiring conformance with current regulations. Further protection would be given to sensitive beach, bluff and dune environments, reducing future development and disturbance of these ecologically sensitive areas. Potentially larger buffer areas could be expected adjacent to sensitive site features (wetlands, bluffs, dunes, etc.) due to an increase in the amount of required preserved Page 11 Southold Comprehensive Implementation Strategy Findings Statement area. The hamlet areas where development would be directed are generally less constrained by sensitive ecological features than are the Town's outlying rural areas. Transportation Resources Density reduction tools would result in a decrease in vehicle trips due to a reduction in the number of residences. Other vehicle trips would be redirected. Reduced trips would be generated from areas where existing development, infrastructure and alternative forms of transportation are present such as hamlets; the potential for impact to such resources would be reduced. It is noted that hamlets currently experience traffic congestion, traffic safety problems and speeding. Hamlets are generally situated along NYS Route 25; Southold is fortunate to have alternative east-west arterial roads (NYS Route 25 and CR 48), and many north-south local roads to inter-connect the arterial road system. As a result, access to hamlets is generally good, but congestion in hamlets and at certain destination locations taxes existing transportation resources. In addition, Southold is unique in that there is a ferry service from Orient Point that connects the east end to New England, thus causing trips through the Town with no destination within the Town. Ferry service is a source of traffic; however, internal trip generation, seasonal uses that increase traffic volumes, and destination locations within the Town for agri-tourism, visitation to quaint hamlets, dining and recreational experiences and second-home owners and their guests, are all traffic generation factors that affect transportation patterus in Southold. In many cases, it is the attraction of hamlets for shopping, dining and a destination experience at farmstands and wineries, for example, that creates this congestion. Reduction in vehicle trips by reducing ultimate development density is one direct measure that has quantifiable results. This alone is not sufficient to ameliorate the traffic congestion that the Town may experience as a result of other influences noted above. The Town will need to pursue traffic calming measures in coordination with State and County agencies. In addition, a transportation management plan and outgrowth of efforts identified in the SEEDS project will assist in public education and promoting alternative forms of transportation. Management and redirection of growth, reduction in ultimate density, coordination with State and County transportation agencies, promotion of intermodal transportation, and traffic calming measures are intended to control the negative impacts of new growth on existing transportation resources. Air Resources The reduction in development would result in a decrease in the potential for and amount of dust raised during construction operations. In addition, the amount of potential vehicle emissions would be reduced. As the geographic distribution of growth would be directed primarily to areas which are already developed, the potential for impact to rural areas of the Town from dust and vehicle exhausts would be reduced; for areas where development is to occur, emissions associated with this amount of growth are not anticipated to be sufficient to significantly impact air quality. Other legislative tools evaluated as part of the action, which would improve construction and development practice, would result in beneficial air resource conditions. Land Use, Zoning and Plans Implementing elements of the proposed action would result in a redistribution of the Town's development potential. Future growth would be directed primarily to hamlets rather than be Page 12 Southold Comprehensive Implementation Strategy Findings Statement distributed throughout the Town. As the number of residential units would be reduced, there will be a commensurate reduction in the potential for adverse impacts to land use patterns, particularly as development would preferentially be directed into hamlets. It is not anticipated that this growth would impact the pattern of zoning in the Town, as alt development is assumed to occur in accordance with the zoning of each site or through programs to promote more desirable growth such as strengthening of hamlets, and projects which provide special public benefits including affordable housing. Density reduction is intended to implement the recommendations of Town plans and studies. Implementation of the recommendations of relevant studies will allow the Town to more closely conform with goals such as protecting open space, agricultural, rural character and resources, as well as providing housing diversity and a reasonable pattern of growth and development consistent with the comprehensive plan. Demographic Conditions Predicted increases in total Town population, as well as in the school-age child and senior citizen cohorts, would be less as a result of the density reduction. As a result of this reduction, the potential demographic impacts would be reduced, and impacts associated with demographic characteristics would also be reduced. As the growth associated with reducing density would redirect growth primarily to the existing hamlet centers, the demographic impacts would also be concentrated in these areas, with correspondingly reduced potential for such impacts in the rural portions of the Town. With regard to specific school district impacts, if Build-Out were to occur, a 127 percent increase in students above current enrollments would result, while elements of the proposed action are predicted to increase total enrollments by 80 percent. Each district must evaluate growth potential within their service area in relation to capacity in order to formulate long-range plans to accommodate the anticipated student population. School districts must propose budgets, provide bonding and ensure that adequate educational services are available as growth occurs within their districts. The implementation of affordable housing programs, and the use of techniques (Transfer of Development Rights, Planned Development District) to promote affordable housing, special public benefits and enhancement of hamlets will provide improved conditions for specific demographic segments of the Town. Community Services The comparative decrease in development and associated populations on a Town-wide scale (with locations of these impacts directed toward the hamlet areas) would represent a decrease in the impacts on community services. Additionally, as the geographic distribution of these impacts will be limited primarily to hamlet areas, the need for and costs of expansions and improvements will also be limited to these areas and associated service providers. Page 13 Southold Comprehensive Implementation Strategy Findings Statement Infrastructure Solid Waste Handling and Recycling - Under a reduced density potential, future development would result in a decreased amount of residential solid waste generated. While there would be a shift in the geographical distribution of solid waste generation toward the hamlet areas, this would not be significant as all wastes would be handled in the same facility regardless of where they originate. Water Supply - Density reduction would decrease the number of residential units in the Town, resulting in a decrease in the potential increase in water demand. In addition, as this new growth would be distributed preferentially to the hamlets, the pattern of increased water demand will likewise be unevenly distributed, but toward areas already served by adequate water supply. Drainage - The pattem of new development associated with redistribution of growth would have to provide on-site stormwater retention facilities, in conformance with Town and/or County regulations. Wastewater Treatment - Potential future volumes of sanitary wastewater would be reduced under elements of the proposed action; the pattern wastewater generation will likewise change, to be directed toward the hamlets. This may have the result of increasing the number of on-site septic systems or, if economic and density factors prove sufficient, the establishment of community sewer systems. Electricity - The decreased amount of residential development would decrease the demand for expanded electrical services within the Town. Also to be considered is the change in the pattern of this demand; as development would be concentrated toward the existing hamlets, the pattern of demand (and pattern of associated electrical service system growth) will be changed. Natural Gas - Similar to that for electrical services, the demand for and pattern of demand for piped natural gas services will be decreased by the reduced level of development. Community Character Reducing the level and geographic distribution of new residential development would have the effect of reducing the potential for adverse impacts to the rural quality and character of the entire Town (by maintaining and preserving the breadth and depth of viewsheds and the character of the land and land uses within those viewsheds). In addition, the "small town" character of the individual hamlets would be protected, by locating appropriate residential uses in proximity to these areas. Cultural Resources The decreased amount of development would reduce the potential for adverse impacts on existing and undiscovered cultural resources, and would also reduce the potential for impact on Page 14 Southold Comprehensive Implementation Strategy Findings Statement such resources as have already been determined, by locating development in hamlet areas and away from rural areas. Economic/Fiscal Conditions The demand for services would be less under elements of the proposed action. This is evidenced by the decrease in the impact on school districts, specifically related to a lower number of school-aged children, thereby reducing the cost to educate children. Though full Build-Out results in more units and greater tax revenue, the greater demand for services creates a greater deficit. The reduced density scenario reduces this deficit, and in combination with other planning efforts, provides for greater efficiency. More specifically, reduced density lowers tax burden overall, and this combined with more compact density in hamlets results in greater efficiencies of public infrastructure, which translates into lower cost of maintenance and services. Further reduction in the number of school-aged children may affect the actual ratio of tax dollars to demand for services. Seasonal homes, which do not require education of children, decreasing household size, and other measures to reduce density would be expected to further reduce the potential deficit. It is noted that all development, even to a reduced density, occurs on a long-term basis, allowing school districts to evaluate needs, tax resources and other factors needed to ensure adequate education facilities. Use and Conservation of Energy Resources The elements of the proposed action represents a decrease in the demand for energy (electrical and natural gas) services in the Town. As use of energy-efficient building materials and mechanical systems, and passive energy-conserving site and building layouts are expected, the amount of energy resources required to serve this growth would be minimized. Use of such energy-conserving measures is not only required by New York State, but is a sensible business practice for developers, particularly in light of the increasing cost of energy resources. It is expected that the affected public utilities in the Town will be able to meet this reduced increase in demand, in consideration of the reliable revenue from the customer base generated by this growth. However, it should be noted that growth that could occur in the Town would be significantly greater in terms of quantity, and redistributed in terms of location, than if development assumed in the proposed action were not implemented. Such a level of development would have significant Town-wide implications for energy demand and consumption. Thus, this reduced- density scenario represents a significant reduction in potential impacts on energy resources, in comparison to that which would occur if the proposed action were not implemented. Review of the above discussions indicates that individual elements of the proposed action primarily related to density reduction and open space preservation would not result in adverse environmental impacts to the resource categories analyzed Potential Impacts of Implementation Tools Overall, the proposed action is identified overwhelmingly as having substantial beneficial impacts to thc Town in relation to confomaance with Town goals, land use plans, thc pat~cru of Page 15 Southold Comprehensive Implementation Strategy Findings Statement land use and zoning and land use compatibility, the need to address affordable housing issues, improved land use requirements, review and procedures, and an overall improvement in the protection of Town resources in conformance with the five goals of the Town. More specifically, the Town is expected to benefit from: preservation of farmland and open space; decreased intensity of land use; less burden on resources; maintenance of rural character; stren~hening of cultural features including hamlets and historic resources; expanded housing opportunities including affordable housing; responsiveness to recreational and social needs; and, protection of natural resources with resulting benefits to marine fisheries, wildlife habitat and the qualities that make the Town unique. Table 2 lists and presents (briefly) the impacts and mitigation features of the proposed action, in a matrix format. The DGEIS contained fifteen (15) alternatives that were developed, like the proposed action, to achieve the Town's goals. These alternative scenarios were described, analyzed in terms of compliance to the Town goals, and their potential impacts were discussed in the GELS. The results did not indicate that any of these alternatives would be preferable to the proposed action in terms of ability to achieve the Town's goals while minimizing potential adverse impacts nor were any of the alternatives (other than the no-action alternative and the alternative to allow a regional government/utility to establish a watershed protection zone) found to have any significant adverse environmental impacts. Page 16 Southold Comprehensive Implementation S't~tegy ]Findings Statement TABLE 2 IMPLEMENTATION TOOLS - PRELIMINARY IMPACT MATRIX Implementation Tools I Beneficial Primary Impacta and ImplicationsI,Preliminary Discussion/Analysis Plauning Process, Zoning and Zoning Code 1. A-C District Use/Dimensional Parameters Reduces potential development in agricultural areas; provides greater (mechanics of zone; now essentially consistency with legislative intent; removes potentially incompatible uses from Land retains value and other use options; same as other residential zones) farmland areas, special exception uses could be incompatible. Voluntary program that retains landowner's equity in land while retaining land Funding efforts will continue; alternative 2. Rural Incentive District (based on incentive zoning; exchange of benefits, in farming; gives Town & landowners "breathing space" while preservation equity measures are available (PDR, i.e. maintain open space/farm use for efforts continue; maintains rural quality of Town; enables Town to conservation /agricultural easement, land gift permanently attain long-term goal of 80% farmland/open space for tax benefit, voluntary yield reduction, TDR, period of time in exchange of PDR at appropriate yield/density) preservation/60% density reduction; provides "incentive" zoning with special alternative economically viable uses (country public benefit to Town and to the landowners, inns), and/or any combination of the abo.ve. 3. Agricultural Overlay District/A-C Zoning Provides greater control of development in agricultural areas; provides for Agricultural lands are key to Town character Review improved site design where development occurs; designates importance of and economic vitality. (geographic definition and goals) unique geographic area~resource of Town. Mandatory regulation that reduces potential development in farmland areas; allows for "transfer" of development rights to be redirected to areas with suitable infrastructure; addresses long-term regional development pressure; SCDHS Article 6 density limitation is equal to 5-acre zoning for agricultural areas with 80% 4. 5-Acre Upzoning (A-C District Town- improves compatibility between agricultural and residential use by reducing farm preservation; prior plans support 5-acre wide or specific area) number of residences in agricultural areas; maintains rural quality of Town; enables Town to permanently attain long-term goal of 80% farmland/open zoning for groundwater protection; land retains space preservation/60% density reduction; consistent with SGPA, farm/development value at 5-acre density. WSM&WnPS and Comell study recommendations. 5. Revise Special Exception Provisions (to ensure special permit standards are Enables better control of land use types and patterns in farmlands throughout Proper control methods are responsibility of adequate to preserve character of Town Town. Town. while protecting agriculture, etc.) 6. Review of Zoning Code (mandatory clustering, recreational requirements, revise Sign Ordinance; review R-O, LB Enables better control of land use types and land use patterns throughout district; water dependent uses; accessory Town; provides alternative compatible land uses; provides for improved site Proper control methods are responsibility of apartments, AHD standards (expirations), design; provides applicants with better understanding of Town requirements; Town; accessory apartments will be limited due B&B's, home occupations, discourage provides better definition of hamlets; provides potential affordable housing; to sanitary flow restrictions; country inns to be strip shopping centers & fast food in HB, provides consistency with goals and prior studies; improves enforcement, reviewed case-by-case. flag lots, encourage common driveways; change of use requirements, country inns) Page 17 Southold Comprehensive lmplementatit Findings Statement Implementation Tools Beneficial Primary Impacts and Implications Preliminary Discussion/Analysis 7. Review Zoning Map (Mattituck Creek, industrial on Route 25 west of Greanport, Provides for better land use pattern in sensitive and important areas of Town; Proper land use pattern is responsibility of HD in Greenport; water dependent uses, Town. AHD - repeal or expand process) 8. Review Subdivision Regulations (road Enables better control of site development; provides applicants with better Probable SEQRA Type II action, continuing requirements; drainage; lighting; understanding of Town requirements; clarifies review procedures; potential infrastructure; reduced density, decrease in infrastructure cost; provides greater compatibility with rural agency administration; change will provide subdivision, clustering, yield calculations) character/quality, improved guidance and review procedures. 9. Review Highway Specifications (road Enables better control of site development; provides applicants with better Probable SEQP, A Type 11 action, continuing understanding of Town requirements; clarifies review procedures; potential requirements; drainage; lighting; infrastructure) decrease in infrastructure cost; provides greater compatibility with rural agency administration; change will provide character/quality and greater environmental protection, improved guidance and review procedures. 10. Conservation Opportunities Planning Provides greater control of development in agricultural and environmentally (COP) Process (define and implement 75- sensitive areas; enables Town to permanently attain long-term goal of 80% 80% land preservation through land use farmland/open space preservation; provides landowner with the option to sell Land retains value and other use options. tools and density reduction) development rights and still obtain limited yield. 11. Planning Process (formalize pre- submission Enables more efficient & effective development review & planning processes; Improved coordination of land use input early conference, review departmental provides forum for committee input./involvement; provides applicants with in process will result in benefit to development organization; review committees; better understanding of Town requirements; clarifies review procedures, community. emergency service provider input) 12. Transfer of Development Rights Enables relocation of development to areas appropriate and suitable for such Program is optional, but is an available tool; (mechanism for appropriate density growth, preservation of valuable farmland/open space; reduces acquisition cost relocation/management) of farmland/opan space preservation, redirects growth to appropriate locations. 13. Planned Development District Local Law (provide for flexible Enables better development patterns and infrastructure, to areas appropriate for Incentive zoning is valuable tool for flexible development/yield in exchange of such; provides opportunity for special pubic benefit; provides land use land use opportunities; special public benefits special public benefits, i.e. affordable flexibility for beneficial projects, required. housing, infrastructure, dedication, etc.) 14. Tree Preservation Local Law (limit removal of trees unless through Establishes protection of trees and site aesthetics; benefits habitat/ecology, Tree preservation is necessary; clearcutting subdivision/site plan review; define U'ee visual resources, impacts rural character, habitat, erosion, visual, size and applicable acreage) etc. 15. Critical Environmental Lands Local Law (steep slopes and escarpments, shallow Provides protection of valuable natural resources of Town; provides applicants Adds clarity to definition ofbuildable land now groundwater, wetlands, waterways; with better understanding of Town requirements; clarifies review procedures, in Code; recognizes/protects natural resources. def'me for yield purposes) Page 18 Southold Comprehensive Implementation Sfl~tegy Findings Statement Implementation Tools Beneficial Primary Impacts and Implications Preliminary Discussion/Analysis 16. SEQRA Local Law Review/Revision Enables better control of land use patterns & analysis of potential Identifies projectsthatmayhavean impact and (Type I List; possibly add Scenic- environmental impacts, are more likely to require an EtS up front. Byways; CEA's) 17. Scenic By-Ways Overlay Development Controls (Route 48/25; Provides preservation/protection of valuable Town aesthetic character and Code would assist with protection of define corridor 1000'/500'; reconcile visual resources; provides applicants with better understanding of Town views/rural character for large # of viewers; farm structures; setbacks, mass, architecture; Committee review, SEQRA requirements; clarifies review procedures, early input/clarity. designation) Education/Enforcement 18. Agricultural District Review/Education Provides awareness; encourages farmowner participation; preserves farmland, Probable SEQRA Type 11 action; no significant (Agriculture and Markets Law; encourage participation; maintain economy and benefits; maintains rural/farmland character; gives tangible tax adverse impacts identified. benefits to farmowners. existing participants) 19. Create General Guidance Documents (Design Provides for improved development control and design; streamlines review Manual, transportation process; benefits resources that are topics of guidance documents (stormwater, Probable SEQRA Type 11 action; no significant management/traffic calming, develop groundwater, intermodal transportation); protects environment, prevents adverse impacts identified. illumination standards; BMPs; cross expense ofrepairing damage to environment, saves developers time. access agreements; side road access) 20. Natural Environmental Education (ensure good quality surface/ground Provides improved public awareness of natural environmental resources of Probable SEQRA Type Il action; no significant surface waters; BMPs; IPM; coastal Town; increases protection of such resources, adverse impacts identified. erosion control; beach width monitoring) 21. Watershed Protection Zone/SGPA's (signage, Provides improved public awareness of natural environmental resources of Designation/control of watershed area is important for management, protection & educational materials, link with land use Town; increases protection of such resources, education. controls) 22. Encourage Use of Public Transportation Decreases use of private autos, with associated reductions in emissions, trips, (relate to congestion; increases use of public transit; reduces needs for transportation Probable SEQRA Type 11 action; no significant Transportation Management Plan; create improvements, extensions and infrastructure; adds off-road trails, etc. for averse impacts identified. hubs; ferry linkages; winery shuttles) public use. 23. Transportation Management Plan (Transportation Commission; encourage Decreases use of private autos, with associated reductions in emissions, trips, congestion; increases use of public transit; reduces needs for transportation transportation/pedestrian improvements; improvements, extensions and infrastructure; increases efficiency of Intent is to promote intermodal and alternative encourage public transportation, create transportation system operations; increases walkability of hamlet centers; transportation to reduce congestion; no hamlet hubs; ferry linkages, winery protects rural character, significant adverse impact identified. shuttles, signage "best route to"; work with LIRR) Page 19 Corn rehenslve I I _w Southold p ' mp ementation Strategy Findings Statement ImPlementation Tools Beneficial Primary Impacts and Implications Preliminary Discussion/Analysis 24. Economic Development Plan (to: manage tourism; protect commercial fishing; enhance recreational boating; Improves economic health & efficiency of Town's commercial uses; increases emphasize uniqueness of agricultural overall vitality of Town's economy and public perception as an attractive oppommities and mariculture; included tourism/recreation destination; directs public infrastructure in a cost-effective Intent is to improve socio-economic aspects of in capital improvement program; support manner; helps entrepreneurs establish/revitalize businesses; preserves cultural Town; no significant adverse impact identified. B&B's and network of visitor centers; and aesthetics resources. capitalize on historic character and rehabilitation & reuse of these resources) 25. Enforcement (illegal conversion of agricultural Reduces illegal/improper/unsafe land uses; ensures that Town goals will be Probable SEQRA Type 1I action. buildings; use expansion controls; met. change of use requirements) Capital Improvements/Expenditures 26. Improve Waterfront Access (acquisitions; Increases public access to waterfront & Town control of waterfront uses; Consistent with LWRP and best management obtain/maintain; inventory Town land improves quality of life; ensures adequate access; promotes local economy and of scarce coastal land resources for Townwide and improve) eco-tourism, benefit. 27. Administer Parks of Town-wide Increases Town control of and quality of public parks; better services and Parks are important aspect of Significance (for benefit ofallTown residents) facilities for residents, recreational/social setting and Townwide needs. 28. Prioritize and Supplement CPPP (additional Bond issue would have Town endorsement; 2% acquisitions; scenic by-ways Continues & expands valuable Town-wide open space preservation program; sales tax not a direct burden to local taxpayers. acquisitions; sensitive land; prioritize) 29. Create a Centralized Year-Round Increases Town-wide recreation facilities; better services and facilities for Town responsible to provide community Recreational Complex residents, facilities to meet required service demand. Direct Town Management 30. Affordable Housing Policy (geographic/type diversity, targets and Addresses critical demographic need for affordable housing at various low- new development, review every, 2-5 moderate income levels; beneficial socio-economic impact; enables Town to Town accepts responsibility to provide years; provide incentives, accessory increase hamlet development & identity with associated benefits (stimulates incentives/ mandates necessary to meet apts., financial assistance; Housing economic activity, reduced congestion, mixed housing opportunities), affordable housing needs. Authority) Page 20 Southold Comprehensive Implementation S r~tegy Findings Stntement Implementation Tools Beneficial Primary Impacts and Implications Preliminary Discussion/Analysis Smart growth principals direct growth to 31. Concentrate Development in Hamlets Increases Town control of development in hamlets while reducing hamlet centers proximate to services to (define hamlets; ensure appropriate development elsewhere; increases economic & social health & vitality of improve social setting and reduce external infrastructure; affordable housing; link hamlets; increases hamlet "sense of place"; enables Town to increase hamlet traffic; strengthens hamlet and businesses; with land use mechanisms/tools; capital development & identity with associated benefits (stimulates economic activity, assist with need for affordable/ alternate improvement program; traffic calming) reduced congestion, mixed housing opportunities), housing. 32. Park District/School District Boundaries Enables improved coordination of planning between school and park districts Probable SEQRA Type II action; no significant Conformity (determine need and and recreational facilities of both; provides park access to entire Town. adverse impact identified. reconcile districts) 33. Update Park Inventory and Management Facilitates assessment of need and corresponding improvements; enables Plan (prior 1980 study needs updating; improved management of park and public recreational facilities; provides Probable SEQRA Type 1I action; no significant input into GIS; manage recreational improved plan for expenditure of park funds; enables Town to budget for adverse impact identified. resources) capital and operating expenses. 34. Create a Parks and Recreation Department (manage Town properties, Enables improved management & operation of park and public recreational Town to evaluate need for new department. recreational resources, non-church facilities. cemeteries) 35. Scenic By-Ways Management Program (CR 48/NYS 25 currently Enables improved control of transportation resources and simultaneous Scenic By-Ways are of Townwide importance designated; signage, link with Scenic By-Ways Overlay for standards, preservation/protection of valuable Town aesthetic character, and observed by many viewers. guidelines & land use controls) 36. Trail Inventory/Trail Committee/Bikeways (Transportation Commission exists, determine Provides for significant Town-wide recreational, aesthetic and environmental Probable SEQRA Type II action; no significant resources and use thereof by public; promotes alternative transportation; appropriate committee, inventory, input provides public recreational opportunities supportive of rural character., adverse impact identified. into GIS to manage, trailhead directional information in kiosks) 37. Inventory and Manage Cultural Resources (archaeologically sensitive Provides for improved preservation, restoration, management & beneficial use Probable SEQRA Type II action; cultural areas; Historic District of Town-wide cultural resources; maintain historic/cultural Town character; resources are part of Town's heritage and designation; plaques; landmark conforms with Historic Preservation Act. character. designation; input into GIS, manage) 38. Architectural Review Board and Design Provides improved control & regulation of development, with associated Parameters (determine need for and improvement in aesthetics of Town; maintain consistent cultural Town Architectural qualities are important due to establish ARB; generate guidance character; provides socio-economic benefit. Southold's unique cultural/rural character. documents and integrate into land use review process) Page 21 Southold Comprehensive Implementation SW~egy Findings Statement Implementation Tools Beneficial Primary Impacts and Implications Preliminary Discussion/Analysis 39. Scenic Advisory Board (determine need Provides for improved Town control & preservation of valuable characteristics Scenic by-ways and resources are of Townwide for SAB, to manage Scenic By-Ways which contributes significantly to Town aesthetics, and thereby its value as importance and observed by many viewers. Program) recreational/tourist destination; economic asset protection. Inter-Agency/Quasi-Agency Initiatives Addresses critical demographic need for affordable housing at various low- 40. Housing Financial Assistance Program moderate income levels; beneficial soeio-economic impact; enablas Town to (North Fork Housing Alliance; review ~lCreasc hamlet development & identity with associated benefits (stimulates Public-private partnerships beneficial to other opportunifics based on 1993 repor~ economic activity, reduced congestion, mixed housing opportunities); benefits create/stimulate necessary affordable housing and Updated Affordable Housing accrue as a result of public-private partnerships and less expenditure of Town opportunities. Policy) funds. 41. Develop Water Supply Master Plan Provides potable water to Town residents; provides improved & cost-effective Town residents need, require and deserve a (Town involvement, SCWA preparing; method of Town control of future development by determining where dependable source of potable water for daily manage infrastructure with other infrastructure (and thereby growth) should be located; inter-agency needs; water resources are limited and require agencies) coordination provides greater benefit, management. 42. Emergency Preparedness (groundwater contamination, drought Protects Town residents by pre-planning and inter-agency coordinated Probable Type Il; Town residents need, require management; ensure adequate response; establishes Town procedures & plans in case of emergency, thereby and deserve proper emergency preparation and emergency services (police, fire, minimizing damage costs and safety problems, services. ambulance); flood hazard mitigation plan; erosion) 43. Social Services Programs (senior citizen Establishes inter-agency coordinated Town-wide program to meet the resident Probable Type Il; Town residents need, require care, adequate community facilities, day needs; socio-economic benefits to residents in need of key services; and deserve proper social services; no impact care, meals on wheels, churches, strengthens overall community and social interaction, identified. libraries) Page 22 Southold Comprehensive Implementation Strategy Findings Statement The impact analysis prepared for the proposed action and analyzed in the DGE1S was based upon development conforming to the above-referenced recommendations; as the analysis indicated that no adverse environmental impacts would result from the proposed action, it may be concluded that the implementation tools themselves would not result in adverse impacts. COMPREHENSIVE IMPLEMENTATION STRATEGY This section specifies the choice of tools and procedures which the Town may consider (along with reasonable alternatives) in the future in order to achieve its goals as stated in the DGEIS. A GEIS process has been completed to analyze the potential impacts of the listed tools. No significant adverse impacts were identified as a result of this analysis. The GEIS process fulfills the Town's obligation to analyze these impacts. However, certain actions may, by their nature, warrant additional analysis. The subsection immediately below lists each goal, followed by those tools that would serve to achieve that goal. Following that is a brief description of the SEQRA procedures which would be appropriate for the type of future action proposed. Findings/Strategy Procedures The Goal - To preserve land including farmland, open space and recreational landscapes The individual tools that address land preservation goals are: Planning Process, Zoning and Zoning Code · Rurallncentive District [proposed] · Agricultural Overlay District/A-C Zoning Review [proposed] · A-C District Use/Dimensional Parameters [existing] · 5-Acre Upzoning [proposed] · Review of Zoning Code [existing] · Conservation Subdivision Program [proposed] · Transfer of Development Rights [proposed] · Planned Development District Local Law [proposed] · Tree Preservation Local Law [proposed] · Scenic By-Ways Overlay Development Controls [proposed] Education/Enforcement · Agricultural District Review/Education [existing] · Watershed Protection Zone/SGPA's [existing] Capital Improvements/Expenditures · Improve Waterfront Access [existing] · Prioritize and Supplement CPPP [existing] · Create a Centralized Year-Round Recreational Complex [proposed] Direct Town Management · Park District/School District Boundaries Conformity [existing] · Update Park Inventory and Management Plan [existing] · Create a Parks and Recreation Department [proposed] Page23 Southold Comprehensive Implementation Strategy Findings Statement · Scenic By-Ways Management Program [proposed] · Trail Inventory/Trail Committee/Bikeways [proposed/existing] The Goal - To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. The following lists the tools noted above as well as others that relate to maintaining the character of hamlets and surrounding areas: Planning Process, Zoning and Zoning Code · Rural Incentive District [proposed] 5-Acre Upzoning [proposed] · Transfer of Development Rights [proposed] · Planned Development District Local Law [proposed] · Tree Preservation Local Law [proposed] · Scenic By-Ways Overlay Development Controls [proposed] Education/Enforcement · Create General Guidance Documents [proposed] · Watershed Protection Zone/SGPA's [existing] · Enforcement [existing] Direct Town Management · Concentrate Development in Hamlets [existing] Scenic By-Ways Management Program [proposed] · Inventory and Manage Cultural Resources [existing] · Architectural Review Board and Design Parameters [existing] The Goal - To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. The following lists those tools that assist in implementing this goal: Planning Process, Zoning and Zoning Code · Rural Incentive District [proposed] · 5-Acre Upzoning [proposed] · Review of Zoning Code [existing] · Review Zoning Map [existing] · Conservation Subdivision Program [proposed] · Transfer of Development Rights [proposed] · Tree Preservation Local Law [proposed] · Critical Environmental Lands Local Law [proposed] Education/Enforcement · Create General Guidance Documents [proposed] · Natural Environmental Education [existing] · Watershed Protection Zone/SGPA's [existing] Page 24 Southold Comprehensive Implementation Strategy Findings Statement · Economic Development Plan [proposed] Capital Improvements/Expenditures · Administer Parks of Town-wide Significance [existing] Direct Town Management · Concentrate Development in Hamlets [existing] · Scenic Advisory Board [proposed] Inter-Agency/Quasi-Agency Initiatives · Develop Water Supply Master Plan [proposed/existing] The Goal - To preserve and promote a range of housing and business opportunities that support a socio-economically diverse community. Implementation tools that inter-relate with housing and business planning are listed as follows: Planning Process, Zoning and Zoning Code · Agricultural Overlay District/A-C Zoning Review [proposed] · A-C District Use/Dimensional Parameters [existing] · Review Special Exception Provisions [existing] · Review of Zoning Code [existing] · Review Zoning Map [existing] · Transfer of Development Rights [proposed] · Planned Development District Local Law [proposed] Education/Enforcement · Agricultural District Review/Education [existing] · Create General Guidance Documents [proposed] · Economic Development Plan [proposed] Direct Town Management · Affordable Housing Policy [proposed] · Concentrate Development in Hamlets [existing] Inter-Agency/Quasi-Agency Initiatives · Housing Financial Assistance Program [existing] · Social Services Programs [existing] The Goal - To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. Tools identified as part of this CIS that relate to transportation planning are listed as follows: Planning Process, Zoning and Zoning Code · Review of Zoning Code [existing] · Review Subdivision Regulations [existing] · Review Highway Specifications [existing] · Planning Process & Encourage Committee/Agency Participation [existing] · SEQRA Local Law Review/Revision [existing] Education/Enforcement Page 25 Southold Comprehensive Implementation Strategy Findings Statement · Create General Guidance Documents [proposed] · Encourage Use of Public Transportation [existing] · Transportation Management Plan [proposed] Direct Town Management · Concentrate Development in Hamlets [existing] · Scenic By-Ways Management Program [proposed] · Trail Inventory/Trail Committee/Bikeways [proposed/existing] Inter-Agency/Quasi-Agency Initiatives · Emergency Preparedness [existing] Thresholds for Further Review It is noted that the SEQRA regulations state that "GEIS's and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent SEQR compliance.' Therefore, SEQRA review of future implementation will be conducted pursuant to the GEIS procedures for future actions as follows: 6 NYCRR Part 617.10(d) No further SEQRA compliance is required ifa subsequent proposed action will be carried out in conformance with the conditions and thresholds established for such actions in the GEIS or its findings statement; An amended findings statement must be prepared if the subsequent proposed action was adequately addressed in the GElS but was not addressed or was not adequately addressed in the findings statement for the GELS; A negative declaration must be prepared if a subsequent proposed action was not addressed or was not adequately addressed in the GEIS, and the subsequent action will not result in any significant environmental impacts; A supplement to the final GEIS must be prepared if the subsequent proposed action was not addressed or was not adequately addressed in the GElS and the subsequent action may have one or more significant adverse environmental impacts. CERTIFICATION OF FINDINGS TO APPROVE/UNDERTAKE: Based upon the information contained in the Final GEIS, as outlined in these Findings and the supporting documentation provided, the Southold Town Board hereby finds that the proposed Comprehensive Implementation Strategy minimizes potential environmental impacts and will provide the necessary balance between the protection of the environment and the need to acconunodate social and economic considerations. Therefore, having considered the Draft GEIS, the Final GEIS and having further considered the foregoing written facts and conclusions Page 26 Southold Comprehensive Implementation Strategy Findings Statement relied upon to meet the requirements of 6NYCRR Part 617.11, this Statement of Findings certifies that: I. The requirements of 6NYCRR Part 617 have been met. Consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the proposed action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable, including the effects disclosed in the Final Generic Environmental Impact Statement. Consistent with social, economic, and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the Final Generic Environmental Impact Statement process will be minimized or avoided by adoption of the proposed plan and by incorporating as conditions to the decision those mitigative measures which are practicable contained herein. The Town Board, pursuant to 6NYCRR Part 617.11 has prepared the Findings stated herein and shall cause it to be filed in accordance with 6NYCRR Part 617.12(b). Copies of this Statement has been ~ed with: US Army Corps of Engineers, Mark Hellmann NYSDEC, Commissioner, Albany NYSDEC, Division of Regulatory Services, Albany NYSDEC, Regional Office, Division of Environmental Permits Environmental Notice Bulletin NYSDOT Region 10, Acting Regional Director, Tom Olerich, PE NYS Dept. of State, George Stafford, Dir. Of Coastal Resources Central Pine Barrens Joint Policy and Planning Commission Suffolk County Dept. of Health Services, Wastewater Management Division, Stephen Costa, PE, Suffolk County Dept. of Health Services, Office of Ecology, K. Shaw, Bureau Supervisor Suffolk County Dept. of Public Works, Commissioner Charles J. Bartha, PE Suffolk County Water Authority Suffolk County Planning Commission, Thomas Isles, AICP, Director Joshua Horton, Supervisor, Town of Southold Greg Yakaboski, Esq, Town of Southold Attorney Town Board, Town of Southold Elizabeth Neville, Town Clerk, Town of Southold Planning Board, Town of Southold Incorporated Village of Greenport, Christie Hallock, Village Clerk Town of Riverhead, Barbara Grattan, Town Clerk Town of Southampton, Marietta Seaman, Town Clerk Town of Shelter Island, Dorothy Ogar, Town Clerk Parties of Interest Page 27 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS APPENDIX B Planning Report to the Town Board, TDR Program Updated 3-26-08 for DSGEIS TOWN OF SOUTHOLD TRANSFER OF DEVELOPMENT RIGHTS PROGRAM PLANNING REPORT TO THE TOWN BOARD JUNE 25, 2007 Revised March 26, 2008.b~r DGE1S 1.0 2.0 3.0 4.0 5.0 Town of Southold TDR Program Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board CONTENTS EXECUTIVE SUMMARY INTRODUCTION PAGE PROGRAM FOUNDATION 2.1 Components of a Successful TDR Program 2.2 Public Need 2.3 Town Objectives 2.4 Background and History of Town TDR and Related Programs 7 7 10 10 11 PROGRAM OVERVIEW AND GENERAL PARAMETERS 13 PROGRAM ELEMENTS 4.1 Sending Zones 4.2 Receiving Zones 4.3 Interrelationship of Land Preservation Programs and Tools 4.4 Density Limitations in the Receiving Zones 4.5 Program Mechanics Summary 14 14 18 21 23 28 CONCLUSION 31 Town of Southold TDR Program Planning Report ATTACHMENTS Attachment A Attachment B-1 Attachment B-2 Attachment B-3 Attachment C Attachment D Attachment E Attachment F Attachment G Comprehensive Implementation Strategy Background Sending Area Map List of Sending Zone Parcels Receiving Area Maps and Potential PDD Parcels Sample R-20 Local Law Land Preservation Flow Chart SCDHS General Guidance Memorandum #17 SCDHS Design Flow Factors Hamlet Development Model Table 3-1 Table 4-1 Table 4-2 Table 4-3 Tables School Districts and Hamlets Sending Area Credits by School District Potential Receiving Credits Sending Credits vs. Receiving Credits 13 17 26 26 Page ii Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Dral~ 6-25-07; Revised for DSGEIS 3-26-08 EXECUTIVE SUMMARY This document provides a TDR Planning Report to the Town Board of the Town of Southold for consideration in pursuing a Transfer of Development Rights program. The report was prepared by Nelson, Pope & Voorhis, LLC (NP&V) in coordination with a team of Town representatives including planning, data processing, land preservation and legal staff. The team sought to prepare a simple, understandable and implementable TDR program for consideration by the Town Board. After seeking input from the Town Board on various aspects of a program, the team endeavored to work through complex issues and consider the TDR program in relation to other land preservation programs and planning goals of the Town. This report outlines the team recommendations for a program, and provides discussion of the rational for these recommendations. The Town Board will ultimately determine the nature of a TDR program, so at this time, this report is intended to provide a basis for discussion, analysis under the State Environmental Quality Review Act (SEQRA) through a Genetic Environmental Impact Statement (GELS) and to assist in identifying alternatives to the recommendations as contained herein. The program outlines the components of a successful TDR program, which includes: 1. Encouraging TDR Sales 2. Selecting Receiving Sites 3. Facilitating the Use of TDRs, and 4. Building Public Support Through further Board consideration, hearings and the ElS process, it is the hope of the team that public support can be garnered for a meaningful TDR program. This program is voluntary, and represents an additional tool which the Town can use for preservation with corresponding shift in density to appropriate locations. In addition, the program contemplates that one sending credit will equal one development unit in a receiving area. The program considers farmland as a primary candidate for sending areas. This is because farmland has residual value after transfer of development rights, allowing such land to remain in productive use to the benefit of the owner. In addition, wooded areas, environmentally sensitive areas and other forms of open space are prime candidates for the use of outfight fee title acquisition, as these lands must be managed and maintained for passive open space and/or recreation. Since the use of TDR to preserve some farmland does not require expenditure of Page ! Town of Soutbold TDR Program Planning Rel~ort public funds, it allows the dollars allocated for Purchase of Development Rights (PDR) and fee title acquisition to be leveraged more effectively for farmland and open space preservation. The Town conducted the Hamlet Study in 2005, and has recently taken initiatives to establish Hamlet Locus (HALO) boundaries for the purpose of identifying those areas of the Town which represent hamlet centers. Through many past planning studies, the hamlet centers have been thought of as areas where additional properly planned development could be sustained in a manner that promotes good planning. This TDR Planning Study reinforces this planning concept by identifying the HALO's as receiving areas for the purpose of shifting density from farmland to the hamlet centers. The form that development takes within the HALO areas is a critical aspect of designing the TDR program. For the purpose of this program, it was determined that a simple and easy way to implement the initial program would involve only redemption of credits for the purpose of creating residential dwelling units, not for increase in commercial density. Zoning districts within the hamlets which are identified for receiving TDR credits include the B, HB, LB, RO, AHD, HD, R-40, R-80 and A-C zones. Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take includes the following: - Single Family Homes · Two-Family Homes · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand the type of development that would result in the HALO's as a result of the TDR program. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. Consideration was also given to Suffolk County Department of Health Services (SCDHS) density requirements. In 2006 a team was formed through the Town's Planning and Zoning Committee to create a Hamlet Development Model that would determine the potential TDR credits that could be placed in the HALO's based on a 20,000 square foot (SF) lot size. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and cormnunity facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of ~~ Page 2 Town of Southold TDR Program Planning Report potential TDR units was computed for each HALO area. For the purpose of this study, and consistent with the Hamlet Development Model meetings that were conducted in 2006, it is recommended that several additional factors related to potential over-development be considered. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. In comparing the number of available sending credits, to the number of potential receiving credits, it is evident that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: Page 3 Town of Southold TDR Program Planning Report · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus increasing housing stock providing potentially more affordable housing of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the reconmmendation in the Hamlet Development Model. In conclusion, the TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs and tools listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision · Standard Subdivision This TDR Planning Report is a draft report prepared by NP&V in coordination with Town professionals that will assist in implementing the program on an ongoing basis. This report is submitted to the Town Board for the purpose of identifying a simple and effective TDR program which considers the unique aspects of the Town of Southold, ensures compliance with SCDHS density requirements, and factors in other related programs to ensure program compatibility to achieve the planning and preservation goals of the Town. It is requested that the Town Board receive this report for the purpose of conducting the SEQRA process through preparation of a GEIS. This will ensure that the potential enviromnental impacts of the program are addressed, and will provide a forum for public input and consensus building. Page 4 Town of Southold TDR Pro,ram Planning Report Town of Southold TRANSFER OF DEVELOPMENT RIGHTS PROGRAM Planning Report to the Town Board Draf~ 6-25-07; Revised 3-26-08 for DSG£1S 1.0 INTRODUCTION The Town of Southold is seeking to implement a Transfer of Development Pdghts (TDR) Program for the purpose of enhancing the range of tools available for land preservation and to provide incentives for appropriate growth in the hamlets. The Town Board of the Town of Southold is pro-actively involved in advancing this initiative. As a means of defining a program that recognizes the complexities of a TDR program in Southold, the Town Board retained an environmental platming consulting firm to coordinate efforts with a team of Town representatives. The program as recommended by the team is outlined in this Planning Report to the Town Board, and is intended to provide a base framework for environmental impact evaluation [in the form of a Supplement to the prior Generic Environmental Impact Statement (SGEIS) for the Southold Comprehensive Implementation Strategy (C1S)] and to facilitate drafting of a proposed Local Law to implement the Program. The program contained herein provides recommendations only, based on the judgment of the team members. The team was designed to include Town representatives who recognize and appreciate the inter-relationships among land preservation programs, data management, smart growth planning principles, and the planning and legal process, and would be expected to continue in a capacity that will assist in implementing the program once some form of legislation is adopted. The rationale associated with various reconmaendations is discussed relative to various program elements, in order to identify various complexities and the logic used to resolve issues. Those issues which still remain can be identified and studied as alternatives in the Supplemental GEIS process. While recommendations and guidance are provided through this report, fmal decisions are to be made by the Town Board, and flexibility exists in outlining and implementing program elements as directed by the Board. Team participants are listed as follows: · Mark Terry, Town Principal Planner and Project Manager John Sepenoski, Town Data Processing Patricia Finnegan, Esq., Town Attorney Melissa Spiro, Town Land Preservation Coordinator · Leslie Weisman, Member Southold Town ZBA & Chair of Southold Hamlet Stakeholder Committee Charles Voorhis, CEP, AICP, Nelson, Pope & Voorhis, Consultant The team met on a regular basis between January and May of 2007; periodic involvement of Town Board members provided direction and policy guidance during the course of this study. Other Town staff and resources of Nelson, Pope & Voorhis, LLC ("NP&V"), consultant to the Town of Southold TDR Program Planning Report Town, were used in the preparation of this study. This report constitutes the study's findings and team recommendations resulting from these efforts. The purpose of this report is to define the elements of a Town of Southold TDR Program. It should be noted that, tkrough the TDR Program, the Town seeks to provide an additional mechanism for the preservation of farmland, without expenditure of public funds. At present, the Town has successful farmland and open space preservation programs underway through the Purchase of Development Rights (PDR) program and fee title acquisition of land. In addition, the Conservation Subdivision program provides a means to reduce density and maximize open space preservation. The Town seeks to continue these programs, but seeks to provide a means to expand programs which provide for land preservation in those areas of the Town which warrant such preservation, and to leverage funds through alternative preservation tools that do not require public expenditures. The proposed TDR program is viewed as a means of accomplishing this goal. Existing preservation programs primarily involve purchase of fee title land or purchase of development rights which result in the permanent extinguishment of development rights of a given parcel or part of a parcel of land. The TDR Program is recognized as a program that shifts development (hereafter, referred to as a more general term of "density") from the rural areas of the Town, where density is not desired, to the hamlets where an increase in density is viewed as appropriate. The balance between preservation, density shift and ability of the hamlet areas to absorb density while maintaining the character and qualities valuable to the residents of Southold will be examined in this study as key elements of the overall program. Once the Town Board approves this document for the purpose of commencing review under the State Environmental Quality Review Act ("SEQRA"), a Draft Supplement to the Generic Environmental Impact Statement for the Town of Southold Comprehensive Implementation Strategy will be prepared. This will provide an opportunity for further review by the Town Board, the public and involved agencies. Issues which warrant study of alternatives to the program or elements of the program can be identified and examined in the Alternatives section of the DSGEIS. The DSGEIS will be the subject of a public heating and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. The Final SGEIS may support the TDR program, or changes to the program may occur if necessary to adequately respond to comments. After completion ora FSGEIS, a 10-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. Page 6 Town of Southold TDR Program Planning Report 2.0 PROGRAM FOUNDATION The Town of Southold has a long history of preserving its rural heritage and character through sound land use planning. Since early 2005, the Town Board has had a limited TDR ordinance (Chapter 117), to use as an additional tool in achieving affordable housing goals in tandem with land preservation efforts. The TDR mechanism was recommended for widespread use in the Town CIS of 2003 and the Town Hamlet Study of 2005. Additional insight regarding the existing Town TDR law and the prior findings of the Town CIS are contained in subsections of Section 2.0. It is noteworthy that the Town CIS included TDR as an implementation mechanism number 12, and the C1S was the subject of a Generic Environmental Impact Statement. The Findings of the CIS recognized TDR as a valuable land preservation/density relocation mechanism subject to further definition of the program. This TDR Program Planning Report and any subsequent SEQRA review builds upon the prior Town CIS recognition of the environmental and social value of TDR in the Town of Southold. In this proposed TDR Program, the Town seeks to make use of a land use tool whereby sites in established rural areas of the Town ("sending areas"), would shift density to target hamlet parcels within the respective hamlet HALO zones where appropriate infrastructure, infill potential, reuse potential, public services and/or lack of environmental constraints are present ("receiving areas"). The following sections present additional information on the TDR concept, the Town's need for such a program, the Town-wide objectives of preservation, and the history of the Town's efforts to preserve land through TDR. 2.1 Components of Successful TDR Programs Transfer of Development Rights is defined in the New York State Town Law as "...the process by which development rights are transferred from one lot, parcel, or area of land in a sending district to another lot, parcel, or area of land in one or more receiving districts. ' This planning tool is used to protect land where development is not desired by shifting density to more appropriate areas. TDR is a well-established, progressive land use tool that has been utilized nationwide in order to preserve one or more significant environmental characteristics of land areas for the benefit of an entire community, while at the same time protecting the value of landowners' property by enabling the development potential of that land to be realized elsewhere in the community, in a location more appropriate for development. A TDR program permits the transfer of density, which would retain landowners' equity in their land. Transferred development credits can be marketed privately or supported through municipal measures to facilitate the program. The Town can determine in advance how transferred credits or density may be used. For instance, transferred credits can be targeted for use as residential units in hamlet areas where density and planned growth is appropriate and sustainable. In order Page 7 Town of Southold TDR Program Planning Report for a TDR program to work, the Town must identify sending and receiving areas for reduction and corresponding increase in development. A TDR program must be designed with a number of common elements in order to be successful in achieving the comprehensive planning goals it is intended to achieve. The Program should be conceived and implemented through cooperative efforts between local and regional governments and planners, civic and environmental groups and other stakeholders. The major part of a successful program is to ensure that an adequate, achievable or attractive incentive package exists, in order to draw landowner and developer interest. An analysis of other TDR programs in the U.S. identified the following factors that were more likely to contribute to a successful program. Southold Town has already implemented some of these recommendations which will be reviewed in the next section of this report: 1. Encouraging TDR Sales Successful TDR programs encourage TDR sales by reducing the development potential of the sending sites through zoning incentives, favorable alternatives to development, restrictions, environmental regulations, farmland protection measures, and ordinances that require adequate public facilities before development can occur. Just as sending site owners need to be encouraged to sell their development rights, receiving site developers must be motivated to buy TDRs. Developers will only buy TDRs if they can make a greater profit from a project that uses TDRs. A most important concept is that there must be sufficient incentive to encourage a seller to sell, and a buyer must be encouraged to buy. 2. Selecting Receiving Sites One approach is for the community to consider designating village or hamlet areas where more concentrated development will be encouraged. TDRs can then be used to obtain the higher densities that are possible in these select areas. 3. Facilitating Use of TDRs After appropriate stakeholder involvement and adoption of appropriate legislation subject to public disclosure, hearings and review processes, most communities approve TDRs administratively, without public heatings or discretionary decisions. This approach can increase the use of TDRs since it gives developers greater certainty over the cost, timing, and approval of their projects. Many communities also facilitate transfers by treating TDRs as a commodity, available for sale to anyone at any time. In addition, some programs feature a "TDR bank" which serves as a buyer and seller of TDRs when private transactions become too time consuming. Finally, the most successful TDR programs provide ongoing information to the general public, as well as staff support and instructional materials to assist TDR buyers and sellers. 4. Building Public Support A successful TDR program will mean more intense development at receiving sites. The community as a whole needs to understand and accept that this will occur. Community-wide, comprehensive planning efforts are important in developing TDR programs. In the context of a comprehensive plan, ~]~ Page 8 Town of Southold TDR Program Planning Report the public is encouraged to identify areas where more intense development would be appropriate (i.e., the receiving areas) as well as areas that need to be preserved (i.e., the sending areas). Not surprisingly, the most successful TDR programs are in communities that specifically designed their comprehensive plans to be implemented through TDR. An effective TDR program can add optimism to the planning process by offering a way for compensation to be provided to property owners without the use of tax dollars. This optimism can encourage the public to establish stronger land use protection goals. Thus, an adequate incentive may not be a sufficient feature for a TDR program to be successful, but it is a necessary one. Such an incentive could include provision for an increased density for transferred yield, so that an increased number of credits are generated for a landowner, thereby increasing the potential return on investment. Such an increase in development potential must be carefully considered by each jurisdiction contemplating TDR so that transferred density reduces impacts through reduced unit size and appropriate siting to ensure sustainable development in areas where infrastructure and the land use pattern is capable of accommodating growth. In addition, the unit types realized in a receiving zone may be smaller and have less impact than if the same unit were developed in the sending area. Finally, it is common for only a small number of credits to be located at a particular receiving site, as there are other physical and environmental factors such as parking and sanitary capacity to be considered. This is a unique consideration in the Town of Southold, and it is possible that, given water resource limitations, receiving area constraints and a unique real estate market, a density neutral transfer may have a high probability of success. This will be examined further in this report and the Supplemental GElS for the Town of Sonthold TDR program. It is noted that the Town of Southold has made great progress in considering the key elements of a successful TDR program. The following steps have been taken to date, that will facilitate a successful program in the Town of Southold: · The Town Board has long envisioned the concept of increased development density in hamlets and substantially decreased development with as much preservation of existing farm use as can be achieved in the rural areas of the Town outside of the hamlets, thus identifying both sending and receiving sites. · The Town Board conducted prior studies and incorporated TDR into the planning documents (including the Town-wide CIS) as a desirable tool, thus incorporating the concept into its comprehensive plan. · The Town has built community support by assembling stakeholders and conducting the 2005 Hamlet Study to determine the desires and concerns of local residents and identify hamlet centers and surrounding HALO boundaries (receiving sites), resulting in direction on a community-by- community basis to build community support. · The Town and the Suffolk County Water Authority have sought to manage limited groundwater resources, in a manner that locates water supply infrastructure in already developed areas to serve existing populations, as well as to serve water quality impaired areas. This necessitates reduced expansion of water supply to rural areas, in order to maintain a balance of growth potential due to limited water resources, aquifer management and public health safety in coordination. Initiatives include the Water Supply Management & Water Protection Strategy, and adoption of an official Water Map (of water supply extension areas) in 2000 and amended in 2007. ~ Page 9 Town of Southold TDR Program Planning Report The challenges that lie ahead include the following: · Defining sending and receiving sites, particularly in view of the myriad of preservation programs cu~ent!y in use, and the desire to continue a policy of densiP/ reduction through purchase of development rights. · Determining the land use mechanisms for redemption of credits and realization of transferred development in the HALO's. · Providing adequate economic incentives to facilitate transfers, and ensuring a proper balance of supply and demand. · Ensuring a margin of program success in consideration of the Suffolk County Department of Health Services (SCDHS) policy on density transfer. The remainder of this document will focus on addressing these issues and providing a base framework for environmental impact evaluation and to facilitate drafting of a proposed Local Law to implement the Program. This will enable the Town to advance the most appropriate program to the public review forum to garner further public support and input that will lead to a final program. 2.2 Public Need As discussed above, the Town of Southold, through the action of its Town Board, is seeking to provide for the preservation of its significant environmental and agricultural resources, so that those characteristics of the Town that give it its rural aesthetics and economy are protected. The proposed action would utilize an existing land preservation tool of the Town Code, in combination with the hamlet receiving areas outlined in the HALO Study, to enhance the Board's ability to preserve land while promoting sustainable hamlet development. 2.3 Town Objectives The overall program is intended to encourage development in appropriate areas and protect lands with rural qualities that add to the Town's character, historic context and economic base, and promote appropriate development on parcels where such development can be sustained. The following factors were considered by the Town Board in formulating the current proposed TDR program. · The Town Board has in the past prepared GEIS's that evaluate the effects of proposed laws that seek to protect identified valued natural resources within the Town. · The Town Board acknowledges that agricultural and other rural lands are a significant resource in the Town, in terms of both economics and aesthetics and provides for an important sector of the Town's economic base, while maintaining the open, rural atmosphere. · As a result of the Town's efforts, a number of mechanisms am being used, that provide opportunities and alternatives to land development that are intended to provide an increased level of land preservation. Page 10 Town of Southold TDR Program Planning Report The proposed TDR program is expected to provide the following public benefits: · Protect critical resources such as rural character, farm and agricultural land use associated with sending parcels, to promote land preservation and environmental protection. · Provide an increase in the amount ..... ero~ .,ous~ng s,ock fo,,~ ~ · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infrastructure needs as a result of encouraging controlled development in appropriate use · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. · Facilitate land preservation without expenditure of public funds. In stmunary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, managing limited resources, facilitating appropriate infrastructure in hamlet areas and promoting appropriate development consistent with good design and planning principles. 2.4 Background and History of Town TDR and Related Programs Use of the TDR concept as a way to better control the rate and pattem of growth in the Town (as well as to minimize potential adverse land use impacts) had been recommended in the Town CIS Study of 2003. The Town CIS provided additional guidance regarding TDR as related to County sanitary regulations and sound planning. The basic elements of the program were defined for the purpose of analyzing a variety of land use, appropriate development and land preservation tools. The program was recognized as beneficial in achieving Town goals, and laid the groundwork for recognition of HALO areas, strengthening of hamlet centers and preservation of rural areas of the Town. The Town CIS TDR component recognized a need to comply with SCDHS sanitary density restrictions and ensure that the infrastructure of hamlet centers and HALO areas were not over burdened. Sending areas were discussed broadly as involving lands worthy of protection, subject to further review. The following quote from the Town CIS provides a general sense of the program concept. Because of SouthoM's unique environmental constraints, a TDR program would have to discourage/eliminate inappropriate development on sensitive and important lands and promote appropriate development on parcels where such development can be sustained The Generic ElS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered. The Town CIS recognized the need to ~%~ Page 11 Town of Southold · TDR Program Planning Report balance preservation with land values and to ensure that affordable housing needs are also addressed. The 2003 report was a broad-based planning study and implementation of many of the tools identified in that report have been accomplished, including a number of provisions to expand affordable housing programs in the Town of Southold. Attachment A provides a summary of the Town CIS TDR component. It is recognized that specific designation of sending and receiving areas had not been accomplished in the 2003 Town CIS. As a result, refinement of the elements of the Town TDR program is accomplished in this report. The Town CIS also identified Planned Development Districts (PDDs) as a means of promoting flexible zoning that would result in public benefits. The basis for a PDD local law was outlined in the Town C1S, studied in the Generic ElS and is under ongoing consideration by the Town Board. This TDR ?rogram Report recognizes PDD legislation as a tool which can assist in the use of TDR credits, as did the Town CIS of 2003. Included in Attachment A is a summary of the considerations for a PDD local law as they were outlined in the Town CIS. Subsequent to the Town CIS, Southold placed an initial TDR local law on the books. Chapter 117 of the Southold Town Code was enacted in March 2005, to strictly regulate the use of TDR in shifting development from areas where it is not desirable ("sending areas") to areas where the Town considers growth to be appropriate and desirable ("receiving areas"). The Purpose and Intent section of that ordinance states: 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, cuhural 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 socioeconomically 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. The basic purpose of Chapter 117 is to preserve land through Town purchase of open space, capture the sanitary development credits for preserved land and use those credits to provide affordable housing. The Town seeks to expand this program to enable private investment to obtain TDR credits, and to use those credits for development and re-development in hamlet areas. For background, Chapter 117 defines a "sanitary flow credit" as the equivalent to a right to develop a single-family residential parcel with an individual on-site sewerage system, or its nonresidential wastewater flow equivalent. The ordinance created a Town TDR Bank, through which sanitary flow credits are to be received, retained and sold by the Town Board for the purpose of providing affordable housing. Revenues generated by the sale of development rights are deposited into the Town Community Preservation Fund, for the purchase of additional lands or development fights, in accordance with the Town land preservation goals noted above. It is important to note that, as part of this legislation, the Town Board designated all lands in the ~ Page 12 Town of Southold TDR Program Planning'Report Town not defined as a Receiving District, as a Sending District, to maximize the potential for transfer of development into those Receiving Districts. Receiving Districts are defined as all lands zoned Business (B), Hamlet Business (HB), Residential Office (RO) or Affordable Housing (AHD). The Town Board and planning staffrecognized that the TDR ordinance contained in Chapter 117 had limited application only for the purpose of promoting affordable housing. This TDR Program Planning Report is intended to establish the basis for a more extensive TDR program that will involve private exchange of development rights (facilitated by the Town) for the purpose of preserving rural lands in the Town with a concomitant shift in density to appropriate areas designated as receiving areas (HALO's). 3.0 PROGRAM OVERVIEW AND GENERAL PARAMETERS This section of the report identifies the overall program and those parameters that are not expected to change. The more specific program elements and the rationale for how they were derived as recommendations are identified in Section 4.0. Overall, the program involves establishing "sending areas" which would enable a landowner to obtain TDR credits for land to be preserved through density transfer. Receiving zones would be established in designated Hamlet HALO areas; these would represent locations where TDR credits would be redeemed at a density that would not otherwise be permitted without the credit redemption. It is contemplated that sending and receiving areas would be within the same school district and that the program would be voluntary.. The Town Hamlet Study of 2005 provided a basis for defining the hamlets business centers and HALO zones. The Study, which involved participation of stakeholders from each hamlet, also allowed residents and business owners to identify and promote feat~es that contribute to the unique identity of their communities and make recommendations for future improvements and growth. For the purpose of this program, the hamlets are identified and related to their school district boundaries as follows: TABLE 3-1 SCHOOL DISTRICTS AND HAMLETS Mattituck Union Free School District Mattituck and Cutchogue New Suffolk Common School District New Suffolk (K-7); Southold (8-12) Southold Union Free School District Southold and Peconic; New Suffolk (8-12) Greenport Union Free School District Greenport; Oysterponds (9-12) Oysterponds Union Free School District Orient and East Marion; Greenport (9-12) Page 13 Town of Southold TDR Program Planning Report In 2006, the Town's Planning and Zoning Committee appointed a TDR Work Group, whose members also belong to this TDR Team. The group's task was to create a Hamlet Development Model designed to study the feasibility of establishing a Town wide TDR program that would provide the Town with another land use tool for desirable farmland preservation without creating undesirable over development within the ~--~'- T~. ...... , .......,__,~ ttmlltCt~, litlC Wi)Iix glOU].J lt~iU meetings with each of the hamlet stakeholder committees during mid to late 2006, to explain the model, review the potential impacts on preservation and development in their respective hamlets, and obtain feedback. Based upon projected Town wide numbers, the work group's study concluded that a TDR program was feasible and that stakeholders recognized the benefits that would accrue to the Town through the transfer of density. These results were presented to the Town Board. The original Hamlet Development Model was based on the 2005 earlier geography of the hamlet HALO boundaries, but has been updated in this report (see section 4.4 for further discussion). Based on the TDR Work Group, Town Board, and Planning staff efforts preceding this report, a number of basic components of the program have been established. These are listed as follows: · The TDR program would be voluntary, not mandatory. · The HALO areas representing the hamlets noted above would be the receiving areas. · Density transfer would occur within the same school district (unless authorized by the Town Board). · One TDR credit from a "sending" site would be equal to one development unit in a "receiving" area; an increase in receiving area density per credit as an incentive will be explored as an alternative under the SEQRA process for the TDR program. · The TDR program contemplates redemption of credits for residential units, but will examine the potential for commercial development as an alternative under the SEQRA process. · Affordable housing would not be required as part of a development involving redemption of TDR credits. Affordable housing will continue to be required of residential subdivision, and establishment of parcels in the AHD zone can be considered on a case-by-case basis. · Each hamlet will retain open space, with a goal of 30 percent within hamlets, devoted to both public use and visually open public and private space. At this time, the Town has formally adopted the HALO boundaries for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, East Marion and Orient (Greenport is pending). The designation of the HALO areas and the program components noted above provides a basis for further efforts to define the specific sending and receiving zone areas and establishing the mechanics of the TDR program. 4.0 Program Elements 4.1 Sending Zones Sending zones must be selected to identify the parcels from which development will be transferred. It is necessary to identify sending sites in order to quantify the number of development rights which will be generated, and to target the program to address preservation of parcels in conformance with Town Comprehensive Plan goals, with a resultant density shift to receiving sites that are also consistent with comprehensive planning goals. ~~ Page 14 Town of Southold TDR Program Planning Report The general concept is to specify areas where new- residential development is to be discouraged. For Southold Town, areas outside of the hamlets am being targeted for preservation through PDR. The Town has an aggressive and successful program and is working in concert with Suffolk County government to actively purchase development rights of farm parcels. The program is voluntary and L~_ na~ been used by many farm families to receive value for their land, which allows them to continue farm businesses and retain ownership of the underlying land. This involves expenditure of public funds, and thus far Southold has been successful in using land transfer tax monies and bonds for this purpose. Additional preservation tools are needed to leverage public funds with private investment, which would increase land preservation in the sending areas, with managed density increases in the receiving areas. The Town and County also use outright purchase of fee title lands, and has found this to be most successful for open space non-farmed land that does not have underlying crop or agricultural value. It is expected that the Town will continue to pursue PDR from farm parcels and fee title acquisition of woodland open space and other environmentally sensitive lands. This understanding helps to target the application ora TDR program and identification of sending areas. Definition of Sendin~ Areas Sending areas are typically identified by a mapped geographic area and/or by designation of individual parcels of land in one or more zoning districts. The Town GIS database was used to initiate the identification of sending areas. The vast majority of land outside of the hamlets is zoned Agriculture-Conservation (A-C) and is in farm use or has been farmed in the past and contains suitable prime farm soils. Given the allowable density of I dwelling unit (du) per 80,000 SF in the A-C zone, once parcels are identified, the number of potential development rights in a given area can be computed. Discussions conducted by the team centered on ensuring that the program targets prime areas of concern for preservation, while balancing the need to establish a sufficient number of credits for a TDR program, but not an excessive number so that the combination of TDR, PDR and fee title acquisition would ensure that Town goals are met. An additional consideration was the need to ensure that transferred credits could be utilized on a receiving parcel, in consideration of the SCDHS TDR policy which does not allow sanitary flow credit to be transferred from parcels which will continue to be fertilized through fanning or golf course use. In order to ensure compliance, the density limit established by SCDHS for groundwater protection in areas with public water (minimum 20,000 SF lots unless sewage treatment is provided) must be observed. The sending area identification process began by eliminating the following: · Land in hamlet and HALO areas · Business zoned land not subdividable (single and separate lots of less than the minimum zoning acreage) and non-subdividable residential zoned land of twice the minimum zoning lot size requirement · Unbuildable land (wetlands, dune, beach, surface water) · Existing community facilities (lands in public ownership, used for public purpose and certain non-public lands (churches, utilities, etc.) · Land currently protected through prior PDR, acquisition or conservation subdivision Page 15 Town of Southold TDR Program Planning Report The remaining land area included all buildable, subdividable, unprotected, non-community facility land outside of the HALO's. Further consideration was given to the size of parcels to target, which zoning districts were appropriate and whether both farmland and non-farmland should be designated as sending areas.~L' ...... was believed that larger parcels were more appropriate so that preservation efforts were directed toward larger tracts of contiguous open space. As a result, parcels of greater than 7 acres in size were targeted for the TDR program. Consideration of TDR off Farmland and/or Open Space Several discussions about including farmland, non-farmland, or both as sending zones took place. Given the targeting of non-farmland for fee title preservation, and the lack of residual income potential from non-farmland, it was felt that fee title acquisition would be most appropriate for continued acquisition of non-farmland. As a result, agricultural land was felt to be appropriate for designation as sending areas under the TDR program, provided SCDHS density criteria would be met in the receiving zones. This can be accomplished, and is discussed in mom detail in Section 4.4. An additional discussion centered around how to designate farmland for the purpose of sending areas. The Town has various farmland strategies through which a listing of parcels and GIS inventory observed to be actively farmed has been created. This however does not constitute an official map and involves subjective determination of land use status. The team felt it was necessary to seek a more objective inventory and as a result considered the Town database which records existing Agricultural District parcels and parcels with individual commitment status. This inventory was found to already have controls in place to objectively determine whether a parcel is actively farmed. The inventory is in GIS and is maintained in an up-to-date fashion to ensure that parcels in this district are recognized. As a result, the Town Agricultural District parcel inventory and lands which are the subject of an individual commitment were believed to be the most appropriate method of designating farm status for sending parcels. It should be noted that parcels can apply for Agricultural District and individual commitment status, as long as they meet the parameters for such designation. As a result, the sending area will be updated periodically as parcels are accepted or removed to or from the Agricultural District or individual commitment status. The Town may wish to consider adopting a revised sending area map every three (3) years based on the updated inventory. Consideration of TDR off All and/or Part of a Parcel Extensive discussion was held regarding whether transfer of only part of the development rights from a given parcel was appropriate. A major concern was that sale of part of the development rights would provide revenue that could stimulate subdivision of the balance of the land, contrary to preservation goals. In addition, the logistics of identifying what part of a parcel the rights were transferred from and the record keeping of these transactions were believed to be onerous. As a result, it was concluded that for the initial program partial transfer would not be recommended except to allow an owner to of course to maintain any existing use plus one additional credit to be subtracted from the parcel yield to be used in the future subject to subdivision filing. During the preparation of the finalization of the SEQRA ~ Page 16 Town of Southold TDR Program Planning Report process for the TDR program, the Town adopted an Agricultural PDD (AgPDD). With the adoption of the AgPDD, it may be possible to amend this legislation to allow TDR as a means of selling all or part of the credits of a parcel enrolled in the AgPDD since full protection is guaranteed unless the Town is unable to purchase the development rights over time. Recommended Criteria for Sending Areas As a result, the following definition of sending areas is recommended as part of this TDR Program Planning Report. Sending areas are proposed to include parcels considered to be buildable and would exclude lands that exhibit the following criteria: · Land in a designated HALO or hamlet; · Land recorded in Town GIS as being less than 7 acres in size; · Land in Town GIS database as community facility lands; · Land in Town GIS database as including wetlands, dune, beach and/or surface water; · Land in Town GIS database as having a protected status through prior PDR, acquisition or conservation easement; and · Land in the Town GIS database that does no~t have an Agricultural District or Individual Commitment status. It should be noted that these criteria result in all sending area lands being zoned either A-C or R- 80 (both 80,000 SF minimum lot size for yield), except Oysterponds, which includes 41 acres of R-200 (200,000 SF minimum lot size for yield). These criteria provide a logical, identifiable and mappable land area to be considered for sending zones. Using the Town GIS database, a list of parcels, zoning and size can be used to determine the sending areas, and to determine the potential number of sending area credits for the purpose of analysis. A tabulation of the number of credits is provided on the basis of individual school districts in Table 4-1: TABLE 4-1 SENDING AREA CREDITS BY SCHOOL DISTRICT Mattituck Union Free School District 1,907 1,030 New Suffolk Common School District (CSD) 0 0 Southold Union Free School District (UFSD) 825 439 Greenport Union Free School District 8 4 Oysterponds Union Free School District 235 110 Notes: Mattituck UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Note: Credits derived based on acreage times a yield factor of 1.84 for A-C and R-80; and 4.60 for R-200. This yield factor is consistent with the formula used by the Town for yield of conservation subdivisions. Page 17 Town of Southold TDR Program Planning Report Sending zone parcels are mapped and included in Appendix B-1. A list of parcels designating the proposed sending zone is included in Attachment B-2; this list includes parcel tax number, zoning and size. 4.2 Receiving Zones Receiving Zone Designation The Town Board has taken the initiative to designate HALO areas for Mattituck, Cutchogue, New Suffolk, Peconic, Southold, Greenport, East Marion and Orient. The unique configuration and historical origin of Orient is such that a hamlet is recognized in the area of a small retail/service nucleus which is part of a small historical area of Orient. The Stakeholders determined that increased density associated with the HALO designation could be sustained, but not in this historical hamlet area. As a result, an area east of the hamlet was designated as the HALO zone in Orient. The designation of HALO's fully anticipated that increased density with concomitant density reduction in rural areas outside of the HALO's would occur. The HALO Study and subsequent stakeholder meetings with each hamlet all contemplated this density relationship between HALO's and areas outside of HALO's. As a result, it is recommended that the HALO's be designated as the broad receiving areas for the purpose of this study. It is recognized that each HALO has a different composition of existing non-buildable land in the form of community facility uses, existing protected land and environmentally sensitive areas. It is on the lands not bearing one of these designations, that it is expected density will be increased. As a result, a broad receiving zone boundary can be established coincident with the HALO boundaries, but actual redemption of credits can only occur on lands which meet the criteria noted above. Receiving Zone Mechanics The form that development takes within the HALO areas is a critical aspect of designing the TDR program. Currently, there are a variety of zoning districts in the hamlets that could potentially receive credits. These include: · B-business · l-lB-hamlet business · LB-limited business · RO-residence office · AI-ED-affordable housing district · HD-hamlet density · R-40 residential · R-80 residential · A-C agriculture-conservation For the purpose of this program, it was determined that a simple and easy way to implement the initial program would involve only redemption of credits for the purpose of creating residential ~~ Page 18 Town of Southold TDR Program Planning Report dwelling units, not for increase in commercial density. As a result, use of credits in the LI district (which exists in some hamlets) would not be possible. Increased commercial density through TDR could be considered in the future, and will be explored as an alternative in the GEIS. Each of the other districts including B, HB, LB, RO, AHD, HD, R-40, R-80 and A-C , all allow forms of residential development. With respect to AHD, it was determined that affordable housing was a benefit in itself, and should not be burdened with purchase of credits that could potentially increase building costs and cost of units and thereby defeat the purpose of the affordable housing designation in the first place. As a result, the AHD zone was not considered appropriate for redemption of credits, and it is recommended that the Town Board continues to consider changes of zone to AHD where appropriate based on sound planning principles and community needs and the merits of placing this zoning on a given parcel of land. This leaves lands within the HALO zoned B, LB, RO, HD, R-40, R-80 and A-C as potential receiving zones, plus potential future use of a PDD local law. Incentives for TDR Purchase and Redemption Proper incentives must be established to facilitate use of TDR credits, and proper zoning must be established to ensure that if credits are redeemed in the HALO areas, that development will achieve desired goals in design and density. A number of options are available to achieve the function of incentivizing the redemption of credits in a form that will result in compatible land use design. Consideration was given to use of several options; it was determined that retaining the underlying zoning, but providing criteria under which increased density could be achieved through TDR in a separate TDR local law based on each individual zoning district, was the most appropriate option. This option would involve creating a TDR section of the Town Zoning Law that would recognize the specific zoning district eligible to receive TDR credits. The code section would specify the density that could be achieved through the use of credit redemption for each zone. This was supported by the following considerations: · Since the program is voluntary, development could occur without redemption of TDR's and a means of allowing such development to occur must be provided. · This is the simplest option to ensure an understandable and effective program. · This option could be adopted as a separate TDR local law that would complement existing code provisions. Recommended Receiving Zones which are coincident with the HALO boundaries are mapped in Attachment B- 1. Receiving Zone Options Through discussions and research, it was determined that there were a limited number of ways that credits could be redeemed and density could be realized within the HALO's. The form that increased density could take included the following: · Single Family Homes · Two-Family Homes Page 19 Town of Southold TDR Progra~ Planning Report · Multiple Family Dwellings · Detached Accessory Dwelling Units, and · Mixed use or flexible zoning developments under potential future Planned Development District lhe following provisions are recommended to facilitate the redemption of TDR's: Single Family Homes - The intent is to permit transfer of credits to develop single family homes in areas where additional density can be accommodated. The mechanics of how this can occur are described below: · Existing zones which are recommended for or permit single family residential uses include the B, HB, RO, R-40, R-80, A-C, R-200 zones. · Additional single family residential homes would be allowed in the zoning district through further subdivision under guidelines noted herein. · The TDR code would be used to permit such development by subdivision application to the Planning Board. · The recommended minimum permitted lot size would be 20,000 SF to ensure consistency with SCDHS Article 6, and not over-intensify development. · The Town may wish to consider creation of an R-20 zone to establish dimensional requirements for 20,000 SF lot size which does not currently exist. A sample Local Law for R-20 zoning is included in Attachment C. Two-Family Homes - The intent is to permit transfer of credits to develop two-family homes in appropriate areas, by the methods noted below: · Existing zones which are recommended for or permit two-family homes include the R- 40, R-80, A-C zones. · Two-family homes would be permitted in these zoning districts by allowing one, two- family structure per lot. · The establishment of a two-family dwelling would be allowed in the zoning district through further subdivision under the guidelines noted herein. · The TDR code would be used to permit such development by site plan/subdivision application to the Planning Board. · The recommended minimum permitted lot size would be 20,000 SF in the R-40 and 40,000 SF in the R-80 and A-C zones to ensure consistency with SCDHS Article 6, and not over-intensify development. · Consideration could be given to requiring dimensional requirements pursuant to 1.25 times the underlying zone to provide a larger lot to accommodate the two-family dwelling. Multiple Family Dwellings - Multiple family dwellings could be constructed in appropriate areas using transfer of credit through the measures noted below: · New multiple family dwellings would be allowed on appropriate parcels through application for a change of zone to HD or HB for qualifying lots based on sound planning principles and merits of proposal. · The Town Board would determine the appropriateness and location of such uses based on change of zone review which would require use of TDR's. ~ Page 20 Town of Southold TDR Program Planning Report The recommended dimensional requirements would be the same as for the existing HD/HB zones. Detached Accessory Dwelling Units' - A new provision is recommended which would allow an existing residence or principal use to add an additional residence to an existing lot. This is not currently provided for in Town Code. Recommendations are included below: · This new form of dwelling unit is recommended for consideration in the R-40, R-80 andA-C zones, through a Zoning Board of Appeals (ZBA) special permit. · The recommended minimum permitted lot size would be 40,000 SF. Planned Development District PDD is an important tool that was recognized in the Town of Southold C1S. PDD's are provided for under NYS Town Law dealing with incentive zoning. ,4 PDD is a change of zone, typically to a more intense use than permitted by the underlying zoning; however, any increase in density must be offset by public benefits which would be provided to the community. Projects may include mixed uses, and project sites typically require larger size for appropriate setbacks, land use compatibility and potential location of sewage treatment facilities. Redemption of TDR credits would be an appropriate public benefit, or other benefits which enhance land use in the HALO's could also be considered. Recommendations are provided below: · This TDR Planning Study encourages the adoption of a PDD local law. · The PDD would apply to HALO's through change of zone review at the discretion of the Town Board. · Larger lots are typically more appropriate, therefore identification of lots of 5 acres and greater should be performed to identify potential PDD candidate sites.The Town should seek mixed use development with public benefits. · A major public benefit would be redemption of TDRs and potentially providing sewage treatment facilities which could accommodate additional flow from off-site parcels, provided this conforms with hamlet character and Town goals. These forms of TDR credit redemption would be provided for through the TDR local law that would specify the parameters for development as noted above. The identification of forms of credit redemption provides a means to visualize and understand that type of development that would result in the HALO's as a result of the TDR program. 4.3 Interrelationship of Land Preservation Programs and Tools The TDR program is only expected to address a portion of the potential available credits. The Town of Southold continues to pursue other land preservation programs and tools listed as follows: · Fee Title Land Purchase · Purchase of Development Rights · Conservation Subdivision · Standard Subdivision Page 21 Town of Southold TDR Program Planning Report Fee title land purchase and PDR are both methods which involve total density reduction of the parcel based on its potential yield. Conservation subdivision is a partial density reduction technique which results in preservation of a portion of a property, combined with reduction in density. The Conservation Subdivision local law provides options which preserve 80 percent with a 60 percent reduction in density, or preserve 75 percent with a 75 percent density reduction. This in effect is a creative land use technique that involves a combination of clustering and yield reduction through voluntary yield loss, PDR or other creative tax incentive and owner benefit programs through the assistance of Peconic Land Trust (PLT) and/or other land preservation groups. A standard subdivision typically results in no yield reduction, but must retain at least 60 percent of a property in open space. In designing the TDR program, strong consideration was given to the interrelationship of these programs. There is a desire to nol compete with successful programs that achieve Town goals. There is an awareness that agricultural land has residual value in farming, after the purchase or transfer of development rights, whereas woodland and non-agricultural areas do not have residential value, except as open space. The Town has primarily directed the PDR program toward agricultural lands, and utilized fee title land purchase more for open space preservation. Once the land is owned, management of open space for passive public recreational use (i.e. hiking, birdwatching, etc.) provides public benefit beyond just maintaining rural character of open space which is achieved in farmland preservation where the land continues in agricultural production. These factors compelled the team to consider agricultural lands as target locations for the use of TDR to supplement the Town PDR program. This allows public funds to be leveraged in a manner that private purchase of development rights frees up funds for continuance of the PDR program to preserve farmland as well as for acquisition of open space. Directing the TDR program toward the larger agricultural parcels ensures several additional important considerations. As noted in Section 4.1, use of TDR from part of an agricultural parcel could provide a landowneffdeveloper with revenue to pursue development on the balance of the parcel which would be contrary to overall land preservation goals. The TDR program was also felt to be inappropriate for preservation of smaller open space areas which would remain in private ownership with no potential use or value, which could result in maintenance and nuisance issues. Finally, the simplification of the application of the TDR program was considered knowing the commitment of the Town Board toward creating an effective and implementable program. These factors lead to the identification of land types and target preservation programs as related to Town lands outside of the HALO areas. A flow chart has been prepared in order to understand the interrelationship of these land preservation programs. The chart, included as Attachment D, illustrates the options which landowners have in pursuing either controlled development or total land preservation including TDR. The chart relates to the sending areas and lands outside of the HALO's of the Town and assists in defining the Town goals through various land preservation programs relative to parcel size, location, existing use and special district designations. Page 22 Town of Southold TDR Program Planning Report 4.4 Density Limitations in the Receiving Zones Suffolk County Department of Health Services Density Regulations The number of potential sending area credits is computed and listed by school district in Table 4-1. Given the variety of receiving area options for redemption of credits as outlined in Section 4.2, it is difficult if not impossible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. In addition, the Town recognizes the need to comply with SCDHS requirements as contained in the Suffolk County Sanitary Code (SCSC) Article 6 in order to create a feasible TDR program. As a result, this section documents Article 6 density limitations and establishes a basis for density limits within the HALO's. This serves the purpose of providing compliance with Article 6, but also provides assurance to hamlet stakeholders that reasonable density limitations and resultant development in the HALO's will occur. Article 6 establishes density limitations in order to achieve best groundwater management practices relative to nitrogen load in sanitary effluent. The requirements stem from the Long Island Waste Treatment Management program published in 1978 under funds provided by Section 208 of the Water Pollution Control Act of 1972. The 208 Study identified hydrogeologic zones based on groundwater recharge and flow characteristics, water quality, long-term water supply goals and potential impacts to water bodies receiving groundwater outflow. Article 6 of the SCSC codified the findings of the 208 study in the form of minimum lot size equivalents for residential development. The majority of Southold Town and all of the HALO areas are identified in Article 6 as lying in Groundwater Management Zone IV. Zone IV allows a 20,000 SF minimum lot size where public water is available, and requires a 40,000 SF lot size in areas without public water. Densities in excess of yields based on these lot sizes require wastewater treatment. Article 6 became effective in 1981; any lawfully existing use or legally subdivided tax parcels which existed prior to 1981 are grandfathered. As a result, any buildable lot, even ones smaller than 40,000 SF, would have an allowable flow equal to that of a single family dwelling of 300 gallons per day (gpd) assigned to thatlot. Lots that are already built upon that exceed the allowable flow would not be eligible for additional density unless permitted under the Town Code Accessory apartment provisions and in conformance with the Article 6 exemption which involves no new sanitary facilities. For parcels which are built upon and are less than the allowable flow, density transfer and resulting new construction could occur. Any new subdivision or site plan development occurring after 1981 must conform to the density provisions of Article 6, provide wastewater treatment, or obtain a waiver from the Suffolk County Board of Review. Article 6 is implemented through SCDHS review of realty subdivisions and site plans. There are several additional aspects of SCDHS implementation of this program which are important to understand. Suffolk County recognizes that consideration can be given to regional compliance within a Groundwater Management Zone, provided excessive nitrogen loads are not created in a given area. As Towns establish land use programs to preserve open space and direct development toward appropriate location through TDR programs, SCDHS provided guidance on how this could be accomplished and still conform to the goals of Article 6. This is contained in a Town of Southold TDR Program Planfiing Report General Guidance Memorandum #17 which pertains to agricultural and golf course density (Attachment E). In essence, if open space is to be retained and density transferred, the open space must not continue to cause nitrogen load in addition to the transferred residential density, or the intent of Article 6 is violated. As a result, lands established in agricultural or golf course use which requires fertilization are not eligible for transfer. Further, the guidance document establishes a limit for parcels receiving transferred density of twice the density allowed under Article 6. As a result, the HALO areas can not exceed an equivalent of 20,000 SF density since the minimum density required in these areas under Article 6 is 20,000 SF and the program as envisioned would transfer density from agricultural land. If land from which density was transferred did not involve continued nitrogen application, the minimum lot size would be 10,000 SF. Applications which involve density transfer that are less than the Article 6 minimum lot size of 20,000 SF are typically determined by the Board of Review. Consistent with the Suffolk County TDR policy, the County also recognizes regional watershed management plans and/or planning studies that include provisions for TDR in consideration of watershed management. SCDHS has indicated that County-recognized watershed management plans may exempt use of transfer credits from having to undergo review by the Suffolk County Board of Review for approval. This would save time and expense on the part of applicants, and would be a beneficial aspect of this program. This TDR Program Planning Report will be subject to review under SEQRA, and the SCDHS will be an involved agency that will have opportunity to comment on the program. The intent of preservation of sending area parcels and increase of density for receiving area parcels is consistent with regional watershed management strategies, provided there is compliance with Article 6 and double use of density does not occur. In addition, this TDR document addresses the interrelationship of TDR with other municipal land management programs that include density reduction through PDR and Conservation subdivision. The Town PDR program, coupled with Chapter 117 (which permits transfer of Town preserved transfer credits for the purpose of affordable housing) ensures protection of watershed recharge areas and provides a means to increase affordable housing opportunities. For those credits that are not utilized, or density that is reduced through Conservation Subdivision there is a watershed benefit as a result of reduced density through extinguished credits. This consideration is important in continuing compliance with Article 6 and to address the legal mandate that incentive zoning and TDR programs consider how such programs may impact affordable housing. SCDHS also establishes design flow for various uses which is important to understand as related to sending and receiving of density. A single family residence of 1,200 SF or more in size has an assigned flow of 300 gpd. Residences of between 600 and 1,200 SF have a flow of 225 gpd and for dwellings less than 600 SF and senior-citizen residences, the assigned flow is 150 gpd. Commercial flow is based on wet and dry uses, and there is recognition that food service uses have a higher flow of gray water (non-nitrogen bearing waste). The Suffolk County design flow factors are contained in Attachment F. ~ Page 24 Town of Southold TDR Program Planning Report Use of TDR for increase in commercial density is not considered as a receiving zone option under this TDR Program Planning Report, but may be considered as an alternative under the SEQRA process which will be conducted for TDR program implementation. 2006 Hamlet Development Model As noted, due to the variety of receiving area options for redemption of credits, it is not possible to determine the actual number of credits that will be used and by what means they will become established in a receiving area. Part of the benefit of the program is the creation of options for various forms of development that would result in use of credits in a manner that does not overburden the HALO's and does not create any one type of new development. This issue identified the need for a limit to the amount of increased density which would occur in the HALO areas. In 2006, at the request of the Town's Planning and Zoning Committee, Town staff, all of whom are also members of this TDR program team, prepared a Southold Hamlet Development Model to explore the feasibility of a TDR program and it's potential impact on hamlets, using Southold as a pilot case study. The goal of the model was, "To create a planning model for SouthoM Hamlet that will prevent undesirable over-development and protect the hamlet's unique qualities, scale and historic character'. The model was discussed with the Southold Hamlet Stakeholders, refined, and then applied to all of Southold Town's hamlets in order to estimate the total number of potential TDR credits and the amount of potential farmland preservation Town wide, and the total potential number of residential units within each hamlet. HALO (receiving sites). Meetings were conducted with each of the hamlet stakeholder committees to discuss the individual hamlet model results and to obtain feedback from these communities. The results were presented to the Town Board. The concept and methodology of the Hamlet Development Model is recommended as a basis for establishing limitations on the amount of development which can occur within each hamlet. In 2007, the hamlet development model calculations were updated to be consistent with the HALO boundaries finally adopted by the Town Board, and the boundary pending for Greenport as of the date of this report. The Goals, Concept and Methodology associated with the model are contained in Attachment G. In summary, the model calculates the additional density which could be achieved in the HALO areas, based on a hypothetical standard subdivision model of 20,000 SF lots. The total acreage of each HALO was determined, then reduced by removing unbuildable lands (wetlands and community facilities/infrastructure), existing protected lands and lots less than 20,000 SF, and density was then calculated based on the resultant total buildable acreage in the HALO. A total number of potential TDR units was computed for each HALO; the results are provided for each school district in Table 4-2. Page 25 Town of Southold TDR Program Planning Report TABLE 4-2 POTENTIAL RECEIVING CREDITS SchoOl District Total Potential TDR Credits Mattituck UFSD 185 New Suffolk CSD 57 Southold UFSD 302 Greenport UFSD 21 Oysterponds UFSD 98 Notes: Mattituck UFSD includes Mattimck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- development. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. In review of the pilot model run for Southold, the total number of potential credits gave rise to concern that the use of credits should be monitored and capped at a percentage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS vs. RECEIVING CREDITS Mattituck UFSD 1030 185 56 New Suffolk CSD 0 57 17 Southold UFSD 439 302 91 Greenport UFSD 4 21 7 Oysterponds UFSD 110 98 29 Notes: Mattituck UFSD includes Matfimck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level 'transfers between school districts. Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. ~ Page 26 Town of Soutbold TDR Program Planning Repot! The large number of available Sending Zone TDR's indicates that there would be a continuing need for PDR as well as Conservation Subdivisions. The TDR program will supplement the public expenditures associated with PDR and fee title acquisition of open space lands, by providing a means whereby private landowners, developers and investors can acquire development rights for the purpose of increasing density in connection with parcels in the HALO areas. The combination of these programs gives the Town multiple land use tools to achieve land preservation goals. As development in the HALO's continues, the Town may wish to review the cap and ultimately achieve density increases at a level between the recommended 30 percent cap and the total potential receiving zone credits. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. The quantity of existing open space in the HALO's should be reviewed, and for those HALO's where more than 30 percent open space exists, consideration should be given to identifying additional potential TDR redemption strategies. The 20,000 SF development model is a conceptual residential density scenario. Consideration could be given to expanding the program in the future to include other methods to increase commercial density in the hamlets through TDR credit redemption, in a manner that would not adversely impact the character of these areas. This must be balanced with SCSC Article 6 compliance, parking requirements and design guidelines. The use of PDD's remains a recommendation to assist in the redemption of TDR credits. This technique has been used successfully in other Long Island Towns, and provides a means to achieve public benefits which could include use TDR's, in connection with creative, flexible and compatible development projects. Parcels in excess of 5 acres located within the HALO boundaries would be target parcels for such development, as this size permits adequate buffering and provides sufficient area for potential single or mixed-use projects, and would also provide the potential for location of on-site wastewater treatment facilities such as a Cromoglass a-M system which can treat up to 15,000 gpd on single and separate parcels in conformance with SCDHS policy and regulations. Parcels of 5 acres or more (according to tax map data) are inventoried as candidate parcels for PDD's; a map of these parcels is provided as Attachment B- 3. HALO and community. The Hamlet Development Model provides residents with the assurance that reasonable density limits will be established in their communities. From a land use perspective, the overriding benefit of TDR is the preservation of land where development is inappropriate (such as agricultural areas in the Town of Southold), with a resultant increase in density in the hamlets. Hamlets, and their surrounding HALO areas, have been identified and mapped by the Town in recognition of the fact that these areas are appropriate for additional development given the following land use considerations: · Infrastructure such as roads, utilities and water supply currently exist. · Residential density proximate to the hamlets strengthens the business environment. Town of Southold TDR Program Planning Re'port · Residential density in the HALO's provides opportunity for alternative transportation such as walking and bicycle travel. · Use of TDR's in the HALO's may promote beneficial investment and redevelopment. · Use of TDR's in the HALO's will provide alternative forms of housing to single family detached development, thus providing oppormniti~ for housing stock of various types. As a result, the author's of this report believe that transfer of density to the HALO's in accordance with the Hamlet Development Model and the considerations noted above, is a responsible form of development which allows the Town to achieve both significant land preservation goals while also preserving the scale and uniqueness of each of the hamlets, provided that appropriate design standards and guidelines are established, as per the recommendation in the Hamlet Development Model. 4.5 Program Mechanics Summary Quality Communities Grant This TDR Program Plarming Report has been prepared with funding through a New York State Quality Communities Grant. The grant included a work program that identified the basic requirements to be fulfilled. The language included in the work program of the grant is useful in understanding the intent.of the Town TDR program: The quest for controlled growth requires creative planning and foresight. Transfer of development rights is just one tool used in the battle to contain sprawl. TDR is the exchange of zoning privileges from areas with low population needs, such as farmland, to areas of high population needs, such as the Hamlet Centers. These transfers allow for the preservation of open space and historic landmarks, while giving the Hamlet Centers areas a chance to expand and experience continued growth. There are three basic elements to a TDR program: the sending district, the receiving district, and the TDR credits themselves. The grant work program includes eleven (11) tasks that must be examined in order to fulfill the grant. A review of these tasks will be used for the purpose of providing a program mechanics summary. The following represents the consultant and Town representative team's interpretation of the TDR program for Southold Town and is subject to review of the Town Board for the purpose of commencing the SEQRA evaluation process. The final program will result from further evaluation of potential environmental impacts, public and agency input, refinement of the program to address comments received, and further deliberation by the Town Board. Work program tasks under the grant are outlined below, and are followed by an examination of program mechanics in a summary form and based on other sections of this report. Page 28 Town of Southold TDR Program Planning Report Examination of Grant Tasks 1. How will the TDR Program work? The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. 2. Who benefits from this program? The residents and visitors of the Town of SouthoM benefit from continuing land preservation of rural areas and retention of the bucolic character associated with the Town. Sending area landowners benefit from an additional option to gain monetary value for their land, and their continued ability to utilize the underlying value of the land absent the development rights. Landowners, developers and investors benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. HALO communities benefit from investment in their hamlet areas resulting in redevelopment and compatible land use which strengthens the hamlets and achieves other land preservation goals. Local businesses benefit from an increased local consumer/customer base. 3. How much do TDR's cost? The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. 4. How is the value of the TDR's established? The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. Town of Southold TDR Program Planning Report 5. Is the program voluntary or mandatory? The program as envisioned in this TDR Program Planning Report is voluntary, and not mandatory. 6. What will be the Town's role in implementing and monitoring the program? It is expected that the Town will implement the program by complying with SEQRA and creating legislation in the form of a TDR local law which would be adopted by the Town Board in conformance with the requirements established under New York State Town Law. Once enacted, it is expected that the Town will implement the program through issuance of credit certificates to sending area landowners, and will facilitate the redemption of TDR credits through the land use review process for landowners and developers of projects within the receiving areas. The Town will record redeemed TDR's in a manner that ensures that parcels from which credits are transferred are recognized as having no residual development rights. The Town will monitor the program and make adjustments as necessary to facilitate its success in conformance with applicable laws. The Town Planning Board, Town Board, potentially the Zoning Board of Appeals and the Town Clerk would all be involved in various aspects of program implementation. The Town may in the future pursue a credit registry or credit bank; however, this is not essential to the initial program. How do I participate ifI own land within a Sending Area? A sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. How do I participate if I own land in a Receiving Area? A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. 9. How can the TDR's be used on the Receiving Area Properties? TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Additional details are provided in Section 4.2 of this report. 10. Where are the Sending Areas located? Sending areas are outlined in detail in Section 4.1 and mapped in Attachment B-1 of this report. 11. Where are the Receiving Areas located? Receiving areas are outlined in detail in Section 4.2 and mapped in Attachment B-1 of this report. ~~ Page 30 Town of Southold TDR Pro~ram Planning Report 5.0 CONCLUSION Southold Town has been progressive and successful in planning efforts to preserve farmland and maintain the character and quality of the Town. lhe I own has considered 1 DI~. as a useful tool to help achieve planning goals. The TDR program differs from other preservation programs in that it would not eliminate development potential, but would shift the location of development to appropriate locations in the Town which have been identified through previous studies. The program also differs in that expenditure of public funds is not necessary. The use of TDR credits would therefore preserve farmland and locate an equivalent density to the yield of a parcel in a hamlet area where infrastructure exists. This allows public funds to go farther in achieving total preservation goals through continued use of PDR. This form of development would also achieve a greater level of sustainability since it would promote various forms of residential development (not only single family homes) in areas where residents may live, work or seek recreation using multiple forms of transportation (walking, biking, car pooling, public transportation). This TDR Program Planning Report provides a basis for the Town to move forward with the SEQRA process relating to this action, and to consider public and agency input for additional deliberation by the Town Board in reaching an informed decision on the Town's TDR program. ATTACHMENTS ATTACHMENT A Comprehensive Implementation Strategy Background APPENDIX A TOWN CIS- TDR AND PDD PROGRAM ELEMENTS This Appendix includes excerpts from the Town CIS for the purpose of background and recognition of the importance of TDR and PDD legislation in prior planning studies and to use as a baseline in designing a program at this time. It must be recognized that elements of the progrmn may have changed since the completion of the Town CIS in 2003. The complete TDR Program Planning Report should be reviewed for the current context and recommendations for implementing a TDR program in the Town of Southold at this time. The program must be consistent ,Mth Sqffolk CounO; Department of Health Services (SCDHS) TDR provisions and must provide an overall communiO: benefit to preserve open space, improve groundwater recharge in sending areas, and promote "smart growth" and other communi~ benefit in receiving areas. Sending areas should be those areas the Town wants to protect such as environmentally sensitive parcels, critical ~4'oodlands, and groundwater recharge areas. Receiving areas must be identified in zoning districts where a small incremental increase in density may be permitted without serious environmental or other detrimental impacts; these areas might include the HALO zones. Other receiving opportunities could involve special land use projects that provide mixed-uses or that otherwise advance planning goals of the Town. A TDR program can be designed to work with incentive zoning provisions through a PDD and can be used to promote affbrdable housing. In any case, a receiving area must have one or more of the following characteristics: · Proximi~ to hamlet centers; · Lack ofenvironmemal sensitiviU; · Suitable road access; · Availablepublic water; and · Ability to handle sewage or access to a sewage lreatment plant (STP). In Southold, a TDR program will have to assume a number of basic parameters to guide the program and provide consistency with the SCDHS TDR policy, specifically as follows: · Transfers should be generally within the same school district, · Transjkrs must occur within the same Groundwater Management Zone as defined by the SCDHS, · Density must be determined based on underlying single family residential zoning (b_v accepted yield factors), with the intent that a formula for providing additional density for less-intensive units (multiple family and senior citizen units) will be established as an incentive to shifting and creating appropriate development in receiving locations, · Sending parcels must be appropriately encumbered through dedication to a public or recognized non-profit entity or covenants restricting future development, and should be registered by an appropriate tracking method through the Town, · Receiving parcels should be within areas serviced bypublic water, · Receiving parcels should not exceed twice the density allowed under the SE[folk County Sanitary Code (SCSC) unless an appropriate form of sewage treatment is available, · Receiving parcels should be sul?ject Io lbrlilized area reslriclions, clearing resu'iclions ~lnd sile p/an or subdivision reviews,, · Receiving parcels should be subject 1o fitrlher design standards and/or special e~ceplion criteria as mctF be determined lhrough .furlher review and analysis: such standard~ include design parameters, deve]opmenl guidelines, hq[]bring, clearing restrictions, ferlilized area reslrictions, selbacks, iqfi'aslrttcture installation and measures Io improve communi0 compalibilily. Because of Southold's unique environmenla] constrainls, a TDR program would have lo discourage/eliminate inappropriate deve]opmenl on sensilive and important ]ands and promote appropriate development on parcels where such developmenl can be sustained The Generic ElS for the Town CIS included an assessment of potential impacts related to TDR which is valuable to consider in the context of updating and refining this program. Both beneficial and potential adverse impacts were considered and are noted as follows: The Town would benefil fi'om a sound TDR program in a number of wc(vs, noted as follo*v~: · Preservation oj~open space and walershed recharge areas associated with sending sites. · Ability to redirect growth to areas suitable from such growth considering environmental resources and iqfi'astructure. · Abili~ to transfer densiO; credits fi'om outside to inside hamlet centers in a manner lhat promotes creation of af[brdable housing. · Abiliu to promote mixed use, multifamily residential use and diverse housing opportunities including affordable housing through densi~ incentives and transfer. · Reduction in the number of development rights and~or fee title purchases that would need to be made to achieve the Towns open space preservation goa&. These measures are discussed and are analyzed in more detail below to provide the framework for an effective TDR program. The program would not be expected to resuh in groundwater impacts, provided it is consistent with the SCDHS TDR Standards, issued September 30, 1995. These standards recognize that groundwater protection needs are served when open space is protected in a sending area, and controlled increase in density is permitted at a receiving site and should therefore be incorporated into a Town TDR program. In general, TDR is an oppropriate tool for preservation and open space (and to a lesser extent farmland, due to SCDHS TDR requirements) that envisions shifting density to appropriate areas, thereby providing a means for land protection without the resulting cost of purchasing the development rights. [It is noted that this aspect of the original TDR research is being re-evaluated to determine how TDR can be utilized for farmland preservation since transfer of development rights still allows a farmowner to maintain the residual ownership and farmrights of a parcel. Measures for conforming to the SCDHS TDR policy are considered in the current program as will be defined in subsequent sections of this report.] Receiving areas can include limited density increases in subdivisions located outside of the A-C and R-80 districts in areas referred to as HALO zones, mixed use opportunities in hamlet center areas and, where appropriate, diverse housing opportunities including affordable housing on larger parcels with sewage treatment potential. ~ PDD local law is also proposed to provide zoning and land use flexibility for well-designed projects that provide ~7~ecial public benefits that could include redemption pf transferred developmen! rights. A sound TDR program depends on adequate incentives to ensure program success. The Pine the pine barrens plan; some Towns elected to provide incentives such that one &velopment right in a sending area, would be credited with 2 multiple .[ami~l, units or 3 planned retirement communi~ units at the receiving location. This is logical since, muhiple family units are generally smaller, and therefore have less sewage flow (within certain size limitations), lower solid waste generation, less school-aged children, less traffic trip generation, and generally cause less impact than a single family dwelling, The reduction of inpacts is even greater for retirement units. Such receiving siIe opportunities would be provi&d by pecial land use projects that propi& mixed-uses or that otherwise advance planning goals of the Town. This form of the TDR program would be designed to work with incentive zoning provisions through a PDD. In addition, transferred units remove densi~ ~'om ~hose districts where preservation is &sired, to those areas where infrastructm-e is present. As a result, &nsity increases would be expected where bus routes and public transportalion opportunities are enhanced, and in hamlet center areas where walkabili~ and local se~wices are provi&d. l/cry minor density increases may be permitted in areas that are currently experiencing growth in accordance with zoning. Under this portion of the program, receiving areas would be provided in zoning districts where a small incremental increase in density may be permitted without serious environmental or other detrimental impacts; these areas might include the HALO zones. An additional potentially beneficial aspect of the TDR program is the ability og~ the Town to use acquired parcels for redirection of growth to appropriate locations or for appropriate programs which would specifically include providing diverse and affordable housing. NYS Town Law 261-(a) requires that "the town shall evaluate the impact of transfer of development rights upon the potential development of low or moderate income housing lost in the sending districts and gained in receiving districts and shall find either there is approximate equivalence between low and moderate housing units lost in the sending district and gained in the receiving district or that the town has or will take reasonable action to compensate for any negative impact upon the availability or potential development of low or moderate income housing caused by the transfer of development rights." The proposed TDR program has given strong consideration to ensuring that the program will not negatively affect the availability of affordable housing, and in fact provides significant benefit in terms of providing diverse housing opportunities including affordable housing. The 2000 Census data provides relevant information with regard to TDR and affordable housing, including: demographics, income levels, housing characteristics and values. The data clearly indicates a distinct lack of affordable housing throughout the hamlets of SouthoM Town. Based on the cost of homes as noted in the Census and Home Sales data, lhere are few if any housing affordable housing opportunities, particularly in the environmentally sensitive (as well as scenic and desirable areas of the Town) coinciding with R-80 and some A-C lands that wouM become the sending locations under this TDR program. ]n addition, there are virlua]]1, no new multi~ami~, unit opporlunities in the Town and there is a greater demand./bt housing than suppl, v. The designation of sending parcels, and idenlification oJ receiving site opportunities which include n?~.dti/hmi~v housing, miyed housing, and smaller unit development, as well as a densi~ incentive for the creation of new housing opportunities at receiving sites, significantly increases the polential for affordable honsing in the Town of Southold. Therejbre, a Town TDR program would conform to NYS Town Lan; 261-(a), as it would provide opportunities for affbrdable housing that currently do not exist, and no affbrdable housing would be removed by the program. Further, there is little likelihood of developing new affbrdable units in the sending sites, as the necessa~? infrastructure is not presen! or sufficienl to service such development, and the locations of sending sites is such lhat rlatura] resources would have made such development unlikely. Further with regard lo affordable housing, the Town is considering the potential to use land acquired subsequent to the completion of the Build-Out analysis, for transfer of development credits fbr affordable housing. This would involve selling a development credit for each acre of land preserved, to a privale developmenl company and/or home~land owner lhal uses that credit to create o unit or an accessory apartment available for affordable housing in perpetuiO;. The credits would sell al a reduced rate (perhaps 75% of the average of development rights purchased under PDR) for those projects that conform to the program by providing permanent affordable housing opportunities in appropriate locations. This program has the added benefit of supplementing funding for open space acquisition. As envisioned, this program would work in tandem with the PDD or could be used for accessory apartments or addition of affordable housing to other exisling Town zones where density credits are needed and would conform 1o the SCDHS TDR sanitary flow restrictions. With regard to TDR, it is noted that wastewater impacts' are not expected to be significant, as the predicted concentration of nitrogen in recharge for each zoning district at full build-out indicates that the highest potential concentration was 6.09 mg/] in the R-40 zoning district. Only very limited increases would be permitted in the R-40 district, and only in co~formance with SCDHS TDR standards. Other hamlet zoning districts (HD, HB, AHD and others) all were 5 mg/l or less, unless fidl densiU is achieved at the maximum allowed by the zoning district (if public water is available). This comes with the added benefit that natural recharge areas would be preserved in sending locations and the overall density would be reduced as the Town achieves success in meeting density reduction goals through voluntary PDR, upzoning or both. As this tool will comply with SCDHS and Town planning initiatives, and site-specific review of any proposal would occur, no significant adverse impacts are expected. The Town CIS also recognized that an additional mechanism involving a Planned Development District local law would also dovetail with the TDR program as a means of providing special public benefits as required under NYS Town Law Section 261-b. The following is excerpted from the CIS for the purpose of background and potential further consideration by the Southold Town Board: Planned Development District (PDD) The Town could implemenl a PDD Local Law consistent with Incentive Zoning as provided for under NYS Town Law Section 261-b so that, for lhose hamlet-area properties which are to be developed, a single use or a combination o~ complementau; uses could be located on a ~i,~ol~ elt~ Tb~ PDD 1..; ~lln~,~ a prr~prtv tn ha ~mmad ~nd datienated ns a PDD. xo thai all development within it would be planned, distributed and designed as a single unit, with regulations and standards for setbacks, building heights, etc. spec~cally designated for this zone. The PDD concept includes a requirement jbr "special public benefits ", which would be provided over and above other requirements that normally apply to the application. Special Public Benefits could include: use of TDR, provision of q~brdable housing, communiO, facilities, community infrastructure, or other creative incentives. In this way, development would occur on a well-planned basis with minimal opportuni? for adverse impacts on in~'astructure and services, as public benefits would be accrued to the community and all infi-astructure requirements and amenities necessa;T would be included fi'om the onset of the projecr The impact evaluation for the PDD found a valuable tool with minimal impacts expected as documented in the Town CIS Generic Environmental Impact Statement: PDD Legislation The PDD tool provides the potential to provide for development of a higher quality and more imaginative design and amenities, in addition to the "special public benefits" which might not otherwise be achieved. The PDD would be available to private applicants to pursue more creative land use applications that provide affordable housing, redemption of transfer credits, or other public benefits. The PDD would also be available to the Town Board to study and/or designate parcels that are appropriate for creative development opportunities. The program is beneficial in providing diversified housing and mixed land use potential, as well as design flexibility. Protection of environmental resources would be achieved through review of the individual site and individual land use proposal for a PDD, which could only occur under the program that establishes standards for locations, types of uses, and public benefits in connection with such a program Each proposal wouM be subject to site/use specific NYS Environmental Quality Review Act (SEQRA) review, to ensure that there is no significant adverse impact on environmental resources and the overall goals of the Town are met. Town of Southold TDR Program Planning Report ATTACHMENT B Sending and Receiving Zone Identification Town of Southold TDR Program Flanning Report Attachment B-1 Sending Area Map Town of Southold TDR Program Planning Report Attachment B-2 List o£ Sending Zone Parcels TDRSendList Listing of parcels within proposed TDR sending area as of 6/1310 District Tax Map Number District Tax Map Number 1000 13.-2-8.2 1000 85.-2-16 1000 17.-6-14.2 1000 85.-3-8 1000 18~-3-30.3 1000 86.-1-10.9 1000 18.-4-7.1 1000 86.-1-15 1000 18.-6-4.1 1000 94.-3-2 1000 18.-6-5 1000 94.-3-4.1 1000 18.-6-17.3 1000 95.-1-1.1 1000 18.-6-19.3 1000 95.-1-2 1000 19.-1-8.4 1000 95.-1-3.1 1000 20.-3-4.1 1000 95.-1-7.2 1000 27.-1-2 1000 95.-1-8.3 1000 27.-1-3 1000 95.,-4-3.1 1000 27..4-10.4 1000 95.-4-11 1000 50.-5-1 1000 96.-2-7 1000 51 .-6-3.8 1000 96.-2-10 1000 52.-5-60.2 1000 96.-3-7.3 1000 54 .-3-24.1 1000 96.-3-9 1000 54.-7-21.1 1000 96.-4-4.3 1000 55.-1-5.1 1000 97.-1-1 1000 55.-1-9 1000 97.-2-23 1000 55.-2-10.1 1000 97.-5-2.1 1000 55.-3-6.1 1000 100.-2-3.2 1000 56.-5-1,3 1000 100.-2-4 1000 59.-3-27 1000 100.-3-12 1000 59.-3-28.5 1000 100.-4-4 1000 59.-10-1 1000 101.-1-4.1 1000 68.-4-18 1000 101.-1-4.3 1000 69.-4-11 1000 101.-1-5,2 1000 74.-1-38 1000 101.-1-8.2 1000 74.-1-42.7 1000 101.-1-14.7 1000 74.-4-3.2 1000 101.-2-3.1 1000 75.-2-8 1000 101 .-2-5 1000 75.-6-6.1 1000 101 .-2-6 1000 75.-6-11 1000 102.-1-5.2 1000 75 .-7-2 1000 102 .-2-16 1000 75.-7-6.1 1000 102.-4-6.2 1000 83.-1-32.3 1000 102.-6-20.2 1000 83.-2-16 1000 103.-1-19.3 1000 84.-1-11 1000 103.-1-19.12 1000 84.-1 - 13 1000 106 .-9-2.3 1000 84.-1-25.2 1000 107.-10-10.1 1000 84 .-2-3.3 1000 108.-2-7,1 1000 85.-1-3 1000 108.-3-1 1000 85.-1-9 1000 108 .-3-5.44 1000 85.-1-10 1000 108.-3-6.2 1000 85.-2-7 1000 108.-4-1.1 1000 85.-2-9.2 1000 109.-1-8.7 1000 85.-2-14 1000 109.-1-10.1 1000 85.-2-15 1000 109.-1-11 District 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 1000 Tax Map Number 109.-5-23.3 110.-8-2 113.-7-2.5 113.-7-2.6 115.-4-8.6 115.-7-13.2 115.-9-4 115.-10-1 116.-1-10 120.-1-3 120.-1-4 120.-3-2 120.-3-11.8 120.-3-11.9 120.-3-11.10 120.-3-11.11 121.-3-7.4 122.-7-8.8 125.-2-2.2 125.-3-11 127.-1-1 127.-2-2.1 127.-3-7 127.-3-11 127.-3-12 129.-1-1 Page I Town of Southold TDR Program Planning Report Attachment B-3 Receiving Area Maps and Potential PDD Parcels Mattituck HALO Map Community Facilities Protected Land ~ HALO ~Z~ Hamlet ~nter ~ HALO Parcels Larger thart 5 Builder's Acres Southold HALO Map [] Community Facilities ~ Protected Land ~ HALO ~.~ Hamlet Center HALO Parcels Larger than 5 Builder's Acres Cutchogue HALO Map Community Facilities Protected Land ~ HALO ~_~l Hamlet Center HALO Parcels Larger than 5 Btlilder's Acres East Marion HALO Map ~ Community Facilities ~ Protected Land ~ HALO '~ Hamlet Center ~ HALO Parcels Larger than ~ 5 Builder's Acres i F New Suffolk HALO Map ~ Community Facilities ~ Protected Land ~ HALO ~'~ Hamlet Center HALO Pa[eels Larger than 5 Builder s Acres Orient HALO Map Community Facilities Protected Land ~ HALO ~' ~i Hamlet Center -=~ HALO Parcels Larger than - 5 Builder's Acres Peconic HALO Map Community Facilities Protected Land ~,~_~ Hamlet Center HALO ParCels Larger than _~ 5 BUilder;S Acres Town of Southold · TDR Program Planning Report ATTACHMENT C Sample R-20 Local Law § 330-1 I, Residence Districts Table of Dimensional Regulations9 [Amended 5-13-1986 by LL. No. 7-1986; 10-24-1989 by LI~ No. 22-1989; 1=10-1995 by LL. No. 3-1995; 5-13-2003 by LL. No. 41-2003; 6-10-2003 by L.L~ No. 47-20031 10-26-2004 by LL~ No. 33-2004; 6-28-2005 by L.L. No. 28-2005] NOTES: 08-15-2005 Town of Southold TDR Program Plannin~ Report ATTACHMENT D Land Preservation Flow Chart HALO x HALO NOT IN HALO Town of Southold TDR Program Planning Report ATTACHMENT E SCDHS General Guidance Memorandum #17 DEPARTIag~ Of J-~ALTH SERVICES COUNTY OF SUFFOLK 5"rE~:L~'Y SUFFOLK COUNI~' EXECUI'IVE BR)AN L. HARPER, M.D., M.P.H. 'COMMISSIONER May 13,2002 SUFFOLK COUNTY DEPARTMENT OF ,H~;A~TH SERVICES G~ GUIDANCE MEMO~UM #17 AGRICULTURAL AND GOLF COURSE DENSITY AUTHORITY Thc Suffolk County Sanitary Code sets forth requi~ments for apprOVal of water and sewage disposal systems. The statutory authority for these guidcllnes can be foUnd in Article 6 Section 760~603. PURI~SE Article 6 allows for thc installation of sabsarfacc sewage disposal systems in :Groundwater Management Zones (GWMZ) Ill, V, and VI when.the population density :equivalent is equal to or less than that of,a r~atty subdivision .or d~velopment of single family residences in which all parcels areat least 40~000 sq. ft. For parcels that are-outside ofthese zones and served by a comm~mity water supply, the population density equivalent is based on mlnlmuul 20~000 sq. ft. 10tS. Axticlc 6 further defines :a clustered realty subdivision as one which allows a substantial nnlmproved p-oftinii oftlie'It-act to ~d-Op~aval~tl uni~h~b'lt~; -Other ez~s'u~ctioz~ proje~hnt are not ~ubdivisio-m of )nnd such as condominiums, ,plannexl l~tirement gommlmities, and apartments mum :also comply with Article 6 population density ~quircmants. These requirements arc based on a standard subdivision yield map or calculation of-thc adjusted gross land arc~. ~'ROBI~.M The process of determining population density equivalent is straightforward when thc undeveloped pordonis toxemain es.rmln~pmv~l :open space. Covenants and restrictions recorded against.the property allow only got prope~y mainmmnce activities and passive .recreational pursuits :in the open space. Comjflieafions arise when the.~ondevelgj)ed p?tion is ~ .,vC~osed .for _agricultural use or recreational ~'f oonce~il~fiO~lS ~rl-~;l;Oll~,~i:gat~r ~ 4 ~lg/I~ in .GYV'~/IZ ]]], ¥, ~ ~und (6 ~lgJL in,,the l'c~sin~g .zones, it is incumbent on the dcpaYanent to disallow lot .~e]_ii for.~cb.uses: Monitoring ~well data'has shown that .turf m~co and _a~rioulture; can ladd s~i~q_an_t nitrogen ~o ~ ~as shows an average nitrog~ ¢oncen~atinn o£.approximate]y 4 Mg/L and data from~ fields shows ~t~ nitrate lov&s from ~ficultural pra¢ficos ~xcoed 6 Mg/L in This guid.nce ~or allocating donsity for parcels wh~ agriculture, or .gOlf courses or other recreational turf are proposed of.allowed supersedes all previous guidellnas and is as ~onows: I~ deter"'''.;I''o ,allowable 'de~siw~ieo~ider as :develn.~tile only that :land which will NOT be ~sed fo__r a~ieuttur~l.~,,golf:enurse~ or other ,recr~fional ,tur~ · ff 40 acres of a 100 acre parcd may be farmed,~or used as agolf course, then approximately :60 units (based ~on l unit per acre) would be allowed in Zones 111, V, and VI, .and approximately 120 units would be allowed in other zones (based on:2 units per aere). This assumes full yield; Actual yield Would likely be lower based on either a standard 20~000/40,000 ~. ~..yield map or 75% of adjusted :gross land arem · if a vineyard wishes to construct a .Winery and "wine tasting" facili.ty, only that .portion ol' the ~vineyavd not in crops maY be used for..caicutafion of population density equivalent. · For condnminltrms or like ~nits :intca:iii~ngled ~ith ~a goff :course, thc :golf course portion of the preje~,-t-mast'be seperated.out~ofthe'-parcel:-m De~'ity world be!based on the.remainder of'the · For golf courses, density for .accessory uses such as clubhouse or restaunmt, may .be derived from those areas not acVmi~y used 'for Play such as,parking, area of buildings ~and area of any wooded . po_nion_s:ofthc.parcel co s . . ..... · For pm-existing developments where land has.bean set aside for agricultural usc or recreational tur~ the same rul~s .apply. Hence, a;partially ,devel~ped.percel may not .claim densi!7 credit for acreage used foragriculture .or recreational ~.regardlezs of deasit~,allocation formulas'that were originally used in the ~eView and approval of the initial developme,t proposals. Issued by: Vim A. Minei, P.E., Director, Division of Environmontal Quality May 13,2002- R~v. July 22, 2002; january 31, 2003; April'2;3, 2:003 Town of Southold TDR Program Planning Report ATTACHMENT F SCDHS Design Flow Factors S-OX1 D~ lfXB]:lf~l DBSTG~J FLOW All sub-surface sewage d/sposal systens are to be designed according to the occupancy rating and/or the following criteria~ Building US~ [ Design Flow Single Fa~ly Equivalent I 300 gallons/day Eff~ciency Apar~ments/Hotsl/Motel~ 100 gallons/day/unit plus food service a 2 Bedroom Apartment day 3 B~ Condom4~iu~ I 300 allons da Planned Ret r g space Bowling Alley, l~aoquetball or Tennis Courts J 100 or floor area servLce Public Bars Markets and Wet Stores sen & Fo~ Dr~ Stores Take Bath House ser'q'3, ce area area floor.area arsa Town of Southold TDR ]?rogram Planning Report ATTACHMENT G Hamlet Development Model HAMLET DEVELOPMENT MODEL TDR PROGRAM FEASIBILITY STUDY FINAL REPORT Mark Terry, Principal Planner John Sepenoski, Data Processing Leslie Weisman, Southold Hamlet Stakeholder Committee Chairperson April 16, 2008 Background and Introduction At a meeting on May 25, 2006 The Planning and Zoning Committee asked the authors of this report to investigate the feasibility of a Transfer of Development Rights (TDR) Program in Southold Town. Using the Hamlet of Southold as a case study, the team, in collaboration with Land Preservation Coordinator Melissa Spiro, developed a methodology based on two identified goals: 1. the creation of a TDR/planning model for Southold Hamlet that would model the transfer of development rights from agricultural/open space within the Southold school district - the sending zone- to Southold's Hamlet center/HALO- the receiving zone, which would also prevent undesirable over-development and protect the hamlet's unique qualities, scale, and historic character 2. To make the Southold TDPJplanning model equitably transferable to other hamlets in Southold Town. The conceptual approach that the team developed and the assumptions upon which the test model was designed are described in the last two pages of this report in a document titled Southold Hamlet Development Model Draft 6 dated 8/24/2006. Based upon these goals and assumptions, numbers were projected to determine the total potential number of TDR credits and preserved acres that could be generated from the sending zones, first in the Hamlet of Southold, then within each hamlet, and finally Town wide. The model was presented to each of the Hamlet Stakeholder Committees (August-September 2006) to discuss its specific application to their hamlet and to obtain their feedback. A Summary Report on a Potential TDR Program in Southold Town (dated October 15, 2006) outlining the preliminary findings and the methodology used to obtain them was distributed and discussed with the Town Board and the Planning Board. The team concluded that: based upon the projected potential numbers, a Town wide TDR program was feasible. However, they cautioned that "impacts will vary substantially from hamlet to hamlet, and so will the method of implementation" and recommended that "these impacts on hamlet development should be carefully considered and monitored by the Planning Department, the Town Board and the Planning Board within the context of hamlet design standards and schematic master plans appropriate to each different hamlet. These plans should be developed with the expertise of planning and other design professionals in consultation with the various stakeholder groups." It is important to note here that the projected numerical calculations contained in the Summary Report have been recalculated in this Final Report based on two factors that were anticipated from the outset: First, changes in the stakeholder generated hamlet center/HALO boundary maps that would likely occur upon review and modification, where needed, by the Planning Department, Planning Board, and Town Board prior to formal acceptance by the Town Board. Second, changes that were intentionally made in the methodology used to calculate the numbers based on feedback from each of the Hamlet Stakeholder Committees while testing the Hamlet Development Model. Finally, the Summary Report outlined four "next steps" to be taken in order to implement a TDR program (see the last page of this report). Based upon the team's Summary Report, the Town Board decided to proceed with the creation of a TDR Program and hired planning consultant Charles Voorhis of Pope Nelson &Voorhis to work with the original TDR team, including the Land Preservation Coordinator Melissa Spiro and Town Attorney Patricia Finnegan, Esq. in the preparation of a full scale TDR Planning Report. The resultant Town of Southold TDR Planning Report dated June 25, 2007 was presented to the Town Board and accepted as a basis for the Town to move forward with the required SEQRA process and to consider public and agency input in their deliberation in reaching an informed decision on the Town's TDR program. On April 9, 2008 the TDR Work Group team, led by Charles Voorhis, presented and discussed with members of the Town Board a Draft Generic Environmental Impact Statement for the Town of Southold Transfer of Development Rights Program (DGEIS dated April 2008). This document is currently under consideration and review by the Town Board. This Hamlet Development Model TDR Program Feasibility Study Final Report has been written as a stand alone report and is included in Appendix G in the DGEIS. It includes the final projected numbers for each hamlet that the authors generated based upon the now finalized hamlet centedHALO boundary maps and the final methodology that emerged from meetings with the Hamlet Stakeholder Committees. Final Methodology** 1. Yields of the hamlet HALO areas were calculated using a standard subdivision model at 20,000 sq. ft. or .5 acre density, except for Orient which was calculated at 1 acre density due to the lack of public water. Streamlined ERSAP requirements were applied removing unbuildable lands as follows: · wetlands · community facilities · existing protected lands · lots less than .5 acre except for Orient which was 1 acre (nonconforming under HALO down zoning) · 15% of the subdividable land for new infrastructure 2. Potential by-right new residential units were calculated under current zoning and the number of existing residential and commercial units was determined based upon the Town Assessor's records 3. The number of existing residential and commercial units on lots that were non-conforming based upon the Hamlet Development Model criteria was determined 4. The number of existing residential and commercial units on non-conforming lots was subtracted from the number of potential by-right new residential units and existing units to calculate the number of potential TDR units at full build out **NOTES: · These numbers reflect existing and potential residential units, and existing commercial properties, but do not include projections for new commercial development that might occur. · The total potential number of by right units is assumed to be residential. When commercial development occurs in the Hamlet, the potential number of market rate housing units will diminish · The HALO areas used in these calculations also include land in the hamlet centers · The half acre and one acre densities are based on SCDHS guidelines without sterilizing farmland Based upon this methodology, the authors recommend the following: All future applications for development within the Hamlets should be evaluated relative to achieving the overall development and preservation goals in this Final Report and the Southold Hamlet Development Model that appears on pages 4 and 5. Each application should be approved, expedited, or denied based upon the Town's tracking and monitoring the status of the caps on TDRs, open space and affordable housing units throughout the 2 Hamlets over time. Each development project can and will vary in scale and character, but total developmentJpreservation goals for the Hamlets should remain the same. When an affordable unit is created through new construction not requiring a TDR (for example through AHD rezoning) and the 10% total target for affordable units is thereby exceeded, then the TDR cap is reduced by the same number of units. When open space is preserved in the HALO and density reduction results, to maintain the target 70 percent development density, the related number of development rights extinguished will be added to the total TDR cap. Final Numerical Summary Hamlet Total number of potential Total number of TDR units Total number of affordable TDR units @ 30% cap units @10% of potential new construction Cutchogue 47 14 12 East Marion 73 21 11 Greenport 21 6 8 Mattituck 138 41 22 New Suffolk 57 17 9 Orient 24 7 3 Peconic 142 42 16 Southold 160 48 34 TOTALS 662 196 115 TOTAL number of potential acres preserved in sending zones through TDR at full build out (assuming a 1=1 transfer rate and preservation within the 2 acre zones): TOTAL number of potential acres preserved at 30% cap: 1,218 acres 360 acres Southold Hamlet Development Model Proposal developed by: Mark Terry, Acting Head, Planning Department John Sepenoski, Data Processing Melissa Spiro, Land Preservation Coordinator Leslie Weisman, Southold Hamlet Stakeholder Committee Chairperson Draft 6:8/24/2006 GOALS 1. Create a planning model for Southold Hamlet that will prevent undesirable over- development and protect the hamlet's unique qualities, scale, and historic character. Development includes existing residential and commercial structures, new residential and commercial construction, new infrastructure, affordable units, green/open space, and TDR units (transfer of development rights from agricultural/open space within the Southold school district - the sending zone- to Southold's HALO- the receiving zone). 2. Make this planning model equitably transferable to other hamlets in Southold Town. CONCEPT 1. High Density Subdivision Planning This planning model calculates the TDR potential in Southold within the framework of desirable over-all development. Southold's HALO/Hamlet Center is conceptualized as a "high density" subdivision in which 70% development and 30% open/green space is proposed as the desirable total build out, as defined above. 2. Growth Control (TDR Cap) To control the growth rate of the HALO build-out the group established a proposed cap on the number of potential TDR units available for transfer into the HALO zone linked to a set time period. The proposed cap is 30% of the total potential TDR units within the receiving zone or 99 units over a 25 year period (see below). The time frame is arbitrary; there is no ability to actually forecast the pace of TDR development. An annual audit by the Town's Planning Department would maintain growth rate by recommending modifications as needed. 3. TDR and Open Space in the HALO When open space is preserved in the HALO and density reduction results, to maintain the target 70 percent development density, the related number of development rights extinguished will be added to the total TDR cap. For example, if the Town purchases for preservation a 20 acre parcel in the HALO zone on which 20 units could have been built by right, the TDR cap will be increased by 20 potential development units (99 plus 20= a new TDR cap of 119 units). 4. Affordable/Workforce Housing The group recommends that a minimum 10 % of all new residential units created within the HALO and Hamlet Center be affordable/workforce housing. These units would include rentals, new construction, and inclusionary zoning units. Adaptive reuse/renovation of existing structures for affordable units are encouraged, and will be considered over and above the 10 percent recommendation for new construction. The 10% figure would only include applications submitted after the effective start year of the Town's affordable housing legislation. Moreover, it is consistent with Chapter A-106 Subdivision of Land inclusionary affordable housing requirements. Based upon the figures below, 53 units of new construction would be required within the Southold HALO zone and Hamlet Center. ASSUMPTIONS UPON WHICH THIS PROPOSAL HAS BEEN DEVELOPED The TDR program is one unit from sending to one unit in receiving at market rate, assuming that a TDR program is established by the Town The Town Board will continue to consider AHD zone changes as per existing code. AHD zone changes will not require TDR credits but may require sanitary flow credits as per existing code. Any down zoning other than AHD within the Hamlet HALO zone will require TDR. Of the 30% goal of open space preservation in the HALO, two-thirds will be for pubic use and enjoyment (parks, ball fields, trails etc) and the remaining will consist of visually open public and private space. The total potential number of by right units is assumed to be residential. When commercial development occurs in the Hamlet, the potential number of market rate housing units will diminish. Specific design standards will be developed to create "mini-master plans" for each of the hamlets that incorporate the recommendations in the respective Hamlet Stakeholder Committee Reports. The intent is to ensure that any development that does occur will be compatible with the specific qualities, scale, character, and uniqueness of each hamlet. PHASE I1: IMPLEMENTATION OF PROPOSAL: Evaluate existing subdivision and zoning codes to determine any necessary changes/legislation NEXT STEPS TOWARD IMPLEMENTATION From the Summary Report on a Potential TDR Program in Southold Town (October 15, 2006) The Summary Report outlined four "next steps" to be taken in order to implement a TDR Program as follows: 1. Determine what constitutes a TDR credit, e.g. 1 TDR credit=l unit of single family or two family residential construction? Commercial construction? etc. Define a commercial TDR component 2. Establish eligibility criteria for TDR credits for properties in both the sending zones and the receiving zones 3. Create PDD (Planned Development District) legislation and connect it to a TDR program to create a market for developers 4. Request that the Suffolk County Health Department and the Town analyze the impact of a sewer system in the hamlets, using Southold and Mattituck Hamlets as case studies. Note: The first three "steps" are fully discussed and evaluated in the DGEIS that is currently before the Town Board, and the fourth "step" is currently in progress. 5 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS APPENDIX C EAF Part I, Town Board Summary Page 4 14-16-2 (2/87)-7c SEQR 617.21 Appendix A State Environmental OualiW Review FULL ENVIRONMENTAL A~SSESSMENT FORM P~. rp. ose: The full EAF is designed to .h~elp ap~.lieants agd ag~enqies, determine, in an ,orderly ~m~.er, w~aetlaer a project or action may_pc signinuant. 'lhe question ot whether a~. action may oe si.g~incant is not always easy to answer. Frequently., there are aspects of a project that are anhjective or unmeasureable. It is also understood .tljat those who deterd~e significance may have little.or no formal knowledge of the environment or ..may, t~¢ technically expert in emaro~ .m~, en.tal aq'alysis. In add}~tion, m~y who have knowledge in one particmar area may not be aware oI me oroaaer concern aneetlhg me question of significance. d The full EAF is intended to prov,ide~ a method.whereby applicants and agencies can be assured that the etermination process has been oroeny, comprehensive in nature, yet fle~ble to allow introduction of information to ht a project or action. Full EAF Components: The full EAF is comprised of three parts. Part 1: Provides objeCtive data and information about a ~iven project and its site. By identifying basic project data, it assists a reviewer in the analysis that tal~es place m Parts 2 and 3. Part 2: Focuses on identity.'.' ~ the range of p. ossible immcts that may occur from a project or action. It provides guidance as to whe_.'iher~ an i~,pact ~is l~,.ely tq be, considered small ,to moderate, or whether, it is a potentially-large impact, lne Iorm arno inenfifies wnemer an impact can ~e mifigatea or renucea. Part 3: If any.impact in Part 2..is identified as potentially-large, then Pan 3 is used to evaluate whether or not the anpact is actually important. DETERMINATION OF SIGNIFICANCE - TY~E 1 AND UNLISTED ACTIONS Identify the Portions of EAF completed for this project: X Part 1 Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 i£ approp?at¢), and any other supportin, g informatiqn,, .avpd ,con, sidaring ,both the magnitude and importance of each impact, it is reasonamy oeterminen oy me icao agency mat: A. The projqct will not ,result in any large.and important ira. pac~t(s) and, therefor, e, .is one which -- will not nave a signincant impact on me environment, merexore a negative aeczaration will be prepared. B Althg_ugh the__proiect.could ,have a signi,ficant effect on the environment, there will not be a -- signilicant ellect lor this unlisted Action oecause the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project, may result in on.e or,more large and. im. portant imp, ac, ts that may,have a significant -- impact on the environment, therexore a positive aecmratlon wm ne preparea. *A Conditioned NegativeI)eclamtion is only valid for Unlisted Actions Town of $outhold Transfer of Development Rights Program Name of Action Town Board Scott A. Russell Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Supervisor Title of Respomible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer If different fi'om responsible officer) Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor N.O .TI~CE: Tl~i~'~s docun3ent is designed to. assist in d. ete .m3ining whether _the action proposed may have a .s)gmncant .eltect .o,n the env.ir, onment. Please complet.e tla. e entire form, Parts A t~ough E. Answers to m~e~ qu.esUons ,Wld b9 cons)dered as p..art of the a.l~phcaUon for app. roval and may be subiect to further verm.caUo_n ana public review. Provtde any admtionai informhfion you believe will 'be needed to complete Parts 2 and 3. It is exvected that completion of the full EAF will be deoendent on information currently available and will not involve new sfudies, research or investigatian~ id'information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Town of Southold Transfer of Development Rights Program LOCATION OF ACTION (Include Street Address, Municipality and County) (See attached list of Sending Areas and map of Sending and Receiving Areas) NAME OF APPLICANT/SPONSOR Town Board, Town of Southold ADDRESS Town Hall 53095 Main Road PO Box 1179 CITY/PO STATE Southold NY BUSINESS TELEPHONE (631) 765-1938 ZIP CODE 11971 NAME OF OWNER (If different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZI? CODE DESCKIPT]ON OF ACTION (See Attached) Please Complete Each Question - Indicate N.A. if not applicable A. SITE DESCRIFFION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: Urban Industrial Commercial Rural (non-farm) X Forest X Residential (Suburban) X Agriculture 2. Total acreage of project area: N/A acres APPROXIMATE ACREAGE N/A PRESENTLY AFTER COMPLETION Meadow or Bmshland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or Tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type), acres acres 3. What is predominant soil type(s) on project site? Haven-Riverhead and Carver-PIFmouth - Riverhead soil Associations a. Soil drainage: N/A Well drained __% of site; Moderately well drained % of site; Poor drained __ % of site b. If any agricultural land is involved, how many acres of soil are classified within soil ~oup 1 through 4 of the NYS Land Classification System? N/A acres. (See 1 NYCRR 370). 2 4. Arc there bedrock outcr'opp, ing on project site? Yes X No a. What is depth to bedrock? 1,000:t: (in fee"f)~ 5. Approximate percentage of proposed project site with slopes: N/A 0-10% %; 10-15% % 15% or ~-"~ter -- % -- 6. ~ p.roject..substsntialJ~.9ontigu~ns t~o~ or contain a building, site, or district, listed on the State or the rqa'dobal Kegisters ozHistoric maces. Yes .__~o N/A 7. Is proiect substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes No 8. What is the depth ofthe water table? * (in feet) * Variable (O-95± feet) 9. Is site located over a primary, principal, or sole source aquifer? X Yes No 10.Dohunting, fishing or shell fishing opportunities presently exist in the project area? X Yes __No 11.Does project site contain any species of plant or aninlal life that is identified as threatened or endangered? Yes No According to N/A Identify each species 12.Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) __ Yes X No Describe 13.Is the project site presently used by the cormnunity or neighborhood as an open space or recreation area? X Yes No If yes, explain Sending Areas: Open space rural qualitiest historic settine, prominent views 14.Does the present site include scenic views known to be important to thc community? X Yes No (Sending Areas) 5. Streams within or contiguous to project area Multiple surface waters within Town a. Name of Stream and name of River to which it is tributary &Lakes, ponds, wetland areas within or contiguous to project area: Multiple wetlands within Town a. Name b. Size On Acres) ~ 7.Is the site served by existing public utilities? X Yes No Partial water/gas service; However, water supply limitations are present and no sewer districts are presen£. a) l. fYes, does sufficient capacity exist to allow connection? X Yes No (See Above) b) If Yes, will improvements be necessary to allow connection? X Yes No 8.1s the site located in an a~ieultural district eertifie, d p .u~s~ uant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? X Yes ~4o {oending Areas) 19.Is ~e §i,te ~loc~at.ed ~.qr sub, ~st~,t~ial, 1.~c~ogt, i~oua to,,a .Critical Env'.ugnm~tal Area designated pursuant toAIIlCle~5oltheg~,L, anllolXlXcl~t~.Ol/[ ~ les lxlO (Pat'titd) 20.Has the site ever been used for the disposal of solid or hazardous wastes? Yes X No B. PROJECT DESCRIPTION* ACTION IS LEGISLATIVE -- No physical changes are proposed; project/site specific impacts may occur. 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor Entire Town. b. Project acreage to be developed N/A acres initially;. N/A acres ultimately. c. Project acreage to remain undeveloped N/A acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A f. Number of off-street parking spaces existing N/A ;proposed N/A g. Maximum vehicular trips generated per hour N/A (upon completion of project)? h. If residential: Number and type of housing units: N/A One Family Two Family Multiple Family Condominium Initially Ultimately 3 i. Dimensions (in feet) oflargestproposedstructure:N/A height; N/A width; N/A length. j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A fL 2. How~ ..much naturgl ,material (i~e., rock, earth, etc.) will be removed from the site? ~V/A tens/cumc yaras. 3. Will disturbed areas be reclaimed? __ Yes No X N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes No c. Will upper subsoil be stockpiled for reclamation? Yes No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will oa~t~y m~, forest (,ov~ 101~ y .mr,,s old) or other loc.ally-im, po,~ant vegetation be renaoved by th/s project. _ xes 2t ~o t'ossmte Juture project pnysicat atteration. 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Amicipateddateofcommeacement phase 1 __month__ c. Approximate completion date of final phase __ month __ d. Is phase I functionally depeadeat on subsequent phases? 8. Will blasting occur during construction? Yes X No 9. Number of jobs generated: during construction N/A ; after project is complete 10.Number ofjobs eliminated by this project N/A year (including demolition). year. Yes No N/A 11.Will project require relocation of any projects or facilities? If yes, explain: Yes X No 12.Is surface liquid waste disposal involved? Yes X No Project specific; not part of a. If yes, indicate type of waste (sewage, industr/al, etc.) and amount leeislative changes. b. Name of water body into which effluent will be discharged 13.Is subsurface liquid waste disposal involved? __ Yes X No Type: SanitarF wastewater 14.Will surface area of an existing water body increase or decrease by proposal? If yes, explain: Yes ~ No 15.Is project or any portion of project located in a 100 year flood plain? X Yes No (Partial) 16.Will the project generate solid waste? X Yes No a. If yes, what is the amount per month N/A tons I b. If yes, will an existing solid waste facility be used? X Yes No c. If yes, give name Town £acility location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? X Yes e. If yes, explain Rec~clable vortion of waste streatm No 17.Wiil the project involve the disposal of sohd waste? Yes X No a. Ifyes, what is the anticipated rate ofdisposal? tons/month. b. If yes, what is the anticipated site life? years. 18.Will project use herbicides or pesticides? __ Yes X No 19.Will project routinely produce odors (more than one hour per day)? Yes 20.Will project produce operating noise exceeding the local ambient noise levels? ~XNo Yes X No 21 .Will project result in an increase in energy use? X Yes __ No If yes, indicate type(s) Proieet Specific 22. If water supply is from wells, indicate pumping capacity N/A gallous/minute. 23.Totalanticipatedwaterusageperday N/A gallons/day. (See also Narrative Request, Section D). 24.Does project involve Local, State or Federal funding? Yes X No If yes, explain 25.Al~provals Required: The Town Board is the only agency that.can implement the TDR Program.; a~-oJ~ever; other related project speciJ3c approvals are as ~llows. Type Submittal Town Board X Yes No Town Planning Board X Yes __ No Town Zenfing Board __..X Yes __ No County Health Department X Yes __ No Other Local Agencies X Yes __ No State Agencies X Yes __ No Other Regional Agencies __ Yes X No Federal Agencies __ Yes X No Rezoning, Legislation Site Plan, Subdivision Variances Water Supply, Sanitary System Roadwork Roadwork, Wetlands Date C. ZONING AND PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? X Yes No If yes, indicate decision required: X zoning amendment X zoning variance X special use permit X subdivision X site plan __ new/revision of master plan X resource management plan X other LWRP Consistenc~ 2. What is the zoning classification(s) of the site? Multiole residential, commercial and special~,onine dletytet& 3. What is the maximum potential development ot ~e s~te il tlevelopeO as pennlttea t~y the pre~ent zoning? 4. What is the proposed zoning of the site? Possible changes to result from vianning efforta 5. What is the maximum !ootential development of the site if developed as permitted by the proposed zoning? 6. ~.th~ proposed ac. ti.'on consistent with the recommended uses in adopted local land use plans? A..&_ ~es __ ~o 7. W~..t ~e the~,re4t, o ,minant land u~,e,(s) and zoning classifications within a 1/4 mile radius of proposed aeuon; Multiple ~oning ana rand uses; Town-wide 8. Is th~qPorOposed action compatible with adjoining/surrounding land uses within a 1/4 mile? X Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? 10.Will proposed action require a~), anthorization(s) for the formation of sewer or water districts? ~tes X No 11.Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? __ Yes X No Potential specific needs will be addressed. a. If yes, is existing capacity sufficient to handle projected demand? __ Yes No 12.Will the proposed action result in the generation of traffic significantly above present levels? __ Yes X No Planning efforts expected to reduce buildout traffic a. If yes, is the existing road network adequate to handle the additional traffic? Yes NO 5 D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your p.rojeet. If there are or may be any adverse i~paets associated with){our proposal, please discuss sucl~ inipacts and the measuxes which you propose to mitigate or avoid mem. E. VERIFICATION ! certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Scott A. Russell Date October 15, 2007 Signature Title Town Supervisor If the action is in th.e. Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. F. PREPARER Name Charles J. Voorhis, CEP, AICP; NP& V Signature Date Title Managing Partner 6 Town of Southold Transfer of Development Rights Program EAF Part 1 PROJECT DESCRIPTION The proposed action involves an amendment to the Southold Town Code to implement a voluntary Transfer of Development Rights (TDR) program, to permit and facilitate private transactions that would shift development from agricultural lands in the Town to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones). The program would not increase net density, as I transferred credit is proposed to equal 1 receiving credit. The proposed action would include a "cap" on the number of units that can be received in the HALO zones to maintain a careful balance of existing community character and ensure compliance with density limitations of the Suffolk County Department of Health Services. The proposed action considers implementation of an important planning and program tool described and recommended in the numerous planning studies undertaken within the Town over the past 20 years. These studies, plans and recommendations were recently (2002-03) reviewed in terms of current needs and Town goals, in order to achieve the Town's vision as articulated in those plans. That review, known as the Southold Comprehensive Implementation Strategy (CIS), found that many of the newer planning documents reiterated recommendations of prior Town plans and studies, resulting in much consistency between studies and the goals of the Town over the years. As required by SEQRA, the potential environmental impacts associated with the CIS were determined, described and analyzed in a GEIS, and a Findings Statement was prepared. The Findings Statement discussed the potential impacts of the recommendations analyzed in the CIS, and established procedures to be followed when the Town Board implemented those recommendations. These procedures included preparation of supplemental analyses for these recommendations. It should be emphasized that the proposed action involves primarily legislative changes, with no specific physical changes proposed. The proposed TDR program is expected to provide the following public benefits: · Protect critical resources associated with Sending Areas including rural character, farm and agricultural land use to promote land preservation and environmental protection. · Provide an increase in the amount of diverse housing stock for a variety of income levels. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-fill development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce infmstructare needs as a result of encouraging controlled development in appropriate use · Promote beneficial design guidelines and standards within the hamlets including neo-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. In summary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, managing limited resources, facilitating appropriate infrastructure in hamlet areas and promoting appropriate development consistent with good design and planning principles. Page 1 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS APPENDIX D Positive Declaration Summary Page 5 SEQRA POSITIVE DECLARATION Notice of Intent to Prepare a Draft Supplement to the Generic Environmental Impact Statement for the Town Comprehensive Implementation Strategy Determination of Significance Lead Agency: Town of Southold Town Board Contact: Mr. Scott A. Russell, Supervisor Address: Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Date: October 15, 2007 This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Axticle 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and Chapter 44 of the Town Code of the Town of Southold. The lead agency has determined that the proposed action described below may have a significant effect on the environment and that a Draft Supplement to the Generic Environmental Impact Statement (GEIS) for the Town Comprehensive Implementation Strategy (CIS) will be prepared. Title of Action: Town of Southold, Transfer of Development Rights Program SEQR Status: Type I Action Description o fAction: The proposed action involves an amendment to the Southold Town Code to implement a voluntary Transfer of Development Rights (TDR) program, to permit and facilitate private transactions that would shift development fxoln agricultural lands in the Town to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones). The program would not increase net density, as 1 transferred credit is proposed to equal 1 receiving credit. The proposed action would include a limit on the number of uints that can be received in the HALO zones to maintain a careful balance of existing COrnrmnlity character and ensure compliance with density limitations of the Suffolk County Department of Health Services. The proposed action considers implementation of an important planning and program tool described and recommended in the numerous planning studies undertaken within the Town over the past 20 years. These studies, plans and recommendations were recently Determination of Significance Town Transfer of Development Rights Program (2002-03) reviewed in terms of current needs and Town goals, ia order to achieve the Town's vision as articulated in those plans. That review, known as the Southold Comprehensive Implementation Strategy ("CIS'), found that many of the newer plznning documents reiterated recommendations of prior Town plans and studies, resulting in much consistency between studies and the goals of the Town over the years. As mqaired by SEQRA, the potential environmental impacts associated with the CIS were determined, described and analyzed in a GEIS, and a Findings Statement was prepared. The Findings Statement discussed the potential impacts of the recommendations analyzed in the CIS, and established procedures to be followed when the Town Board implemented those recommendations. These procedures included preparation of supplemental analyses for these recommendations. It should be emphasized that the proposed action involves primarily legislative changes, with no specific physical changes proposed. The proposed TDR program is expected to provide the following public benefits: · Protect critical resources associated with sending parcels including rural character, farm and agricultural land use to promote land preservation and environmental protection. · Provide an increase in the mount of diverse housing stock for a variety of income levels. · Reduce suburban sprawl and promote "smart growth" development principals including strengthening of hamlets and businesses, walkable communities, sustainable growth, mixed-use development, improvements to and use of existing infrastructure, controlled in-f'fll development, reduction in vehicle trip ends, and increase in inter-modal transportation opportunities. · Reduce in~astructure needs as a result of encouraging controlled development in appropriate use areas. · Promote beneficial design guidelines and standards within the hamlets including nco-traditional development in appropriate areas, maintenance of natural vegetation, minimization of fertilizer application, buffers and setbacks. · Promote the long-term planning goals of the Town by utilizing TDR to protect critical and valuable resources while helping to address the housing and social needs of the Town. hi snmmary, the proposed TDR program is a furtherance of the Town's comprehensive planning efforts to achieve its goals of protecting valuable environmental and cultural resources, providing diversified housing to meet Town needs, managing limited resources, facilitating appropriate infrastructure in hamlet areas and promoting appropriate development consistent with good design and planning principles. Page 2 Determination of Significance Town Transfer of Development Rights Program Location: The proposed action would apply to the Sending Areas and Receiving Axeas as designated ~n the proposed action. SCTM No.: (sec attached list of tax lot numbers of the Sending 3xeas, and map of the Sending & Receiving Areas) Reasons Supporting This Determination: The proposed project involves the implementation of a land preservation technique that was recommended in numerous prior Town planning studies. Therefore, it is consistent with the Town Comprehensive Plan, which embodies the goals, legislative actions and the record of decisions that forms the Town's direction in terms of achieving its vision. The proposed action is not expected to cause significant adverse impacts, since it advances the goals of the Town. However, the action is of Town- wide significance, and does involve changes to natural and human resources. In addition, since the action is a Town-wide initiative, it is determined to be a Type I action pursuant to SEQRA Part 617, and therefore is more likely to require an environmental impact statement. Since the action will affect property, resources and the shaping of the Town's future, it is prudent to prepare a Supplemental GEIS. Finally, the Findings Statement prepared for the CIS GEIS specified that Supplemental analyses should be prepared when the Town Board implements recommendations of the CIS. As a result, the considerations noted above and the following potential impacts are identified as the Reasons Supporting This Determination: The application has been reviewed pursuant to the Criteria for Determination of Significance contained in 6 NYCRR Part 617.7. Consideration has been given to information supplied by the applicant including a Part 1 Environmental Assessment Form. The proposed action may result in impacts to the natural and human resources of the Town, individually, cumulatively or synergistically. Zone changes and/or Town Code revisions may be necessary to implement recommendations. The action may set a precedent with regard to the growth and character of the Town and/or individual communities. For Further Information Contact: Patricia A. Finnegan, Esq., Town Attorney Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Telephone: (631) 765-1889 Copies of this Notice Sent to: Town of Southold, Supervisor's Office Town of Southold, Town Clerk Town of Southold, plsnnintg Board Town of Southold, Zoning Board of Appeals Town of Southold, Town Trustees Suffolk County Dept. of Health Services Suffolk County Dept. of Public Works Suffolk County Water Authority Suffolk County pJnnning Commission NYS Dept. of Environ, mental Conservation, Commissioner, Albany NYS Dept. of Environmantal Conservation, Regional Office, Stony Brook NYS Dept. of Transportation Page 3 Deter~tination of Significance Town Transfer of Development Rights Program NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) Page 4 Town of Southold TDR Program & DSGEIS Summary Transfer of Development Rights Program TDR PROGRAM PLANNING REPORT AND DSGEIS SUMMARY Summary of Proposed Action The proposed project is the creation of a Transfer of Development Rights ("TDR") Program for the Town of Southold. A Draft Supplemental Generic Environmental Impact Statement ("DSGEIS') has been prepared for the Southold To~vn Board as lead agency, to analyze the potential impacts of an amendment to the Southold Town Code to implement a voluntary TDR program (the "proposed action") to permit and facilitate private transactions that would shift development from agricultural lands in the Town ("sending areas") to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones referred to as "receiving areas"). The program would not increase net density, as 1 transferred credit is proposed to equal 1 receiving credit. Once transferred, the development potential of a sending parcel would be completely extinguished. A variety of unit types would be considered in hamlet areas; this would be change the resulting demographics depending upon unit type since fewer large homes would be built in rural areas and logically, any unit types received in the hamlets would include smaller and/or multiple-family units. In addition, the proposed action would include a "cap" on the number of units that can be received in the HALO zones to maintain a careful balance of existing community character and ensure compliance with density limitations of the Suftblk County Department of Health Services ("SCDHS"). The proposed action considers implementation of an important planning and program tool described and recommended in the numerous planning studies undertaken within the Town over the past 20 years. Obiectives of the Project The Town's "objectives" in this case, are the previously stated Town goals: · To preserve land including farmland, open space and recreational landscapes · To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. · To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resources and to restore the Town's degraded natural resources back to their previous quality. · To preserve and promote a range of housing and business opportunities that supports a socio- economically diverse community. · To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. How the TDR Program Works The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Areas associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in Town of Southold TDR Program & DSGEIS Summary Transfer of Development Rights Program exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HALO's in conformance with the credit redemption options. The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. To participate, a sending area landowner would contact the Town, make application on tbnns to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. A receiving area landowner would contact the Town, make application for a land use development in confbrmance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Potential Adverse and Beneficial Impacts There are six (6) key factors which are expected to significantly limit the potential for impacts with respect to new development in hamlet areas, noted as follows: 1. The proposed action is voluntary on the part of both landowners that choose to sell development rights from sending parcels and those that wish to advance a land use project involving purchase and redemption of development credits in a receiving area. 2. The proposed action is to create legislation that would establish a TDR program in the Town of Southold; the action does not authorize actual land use, as any development which would use transferred credits would be subject to individual site plan and/or subdivision review for the specific land use application that would involve the redemption of transferred credits. As a result, further review would occur on a site-specific, project-specific basis. This document is a Supplement to a Generic EIS that identified this program as potentially beneficial, and as is required under SEQRA, analyzes the potential impacts associated with the creation of this legislation. The analysis is by necessity generic and can not anticipate all site-specific or project- specific impacts. Each future action which proposes to redeem transferred credits ~nust be evaluated in terms of conformance to the Statement of Findings that will be generated on the Supplemental GEIS record, and a decision made if the project is consistent with the Findings and/or if there are potential impacts which have not been adequately addressed. 3. There is a limit on the amount of new residential development which would be received in the hamlets, primarily as a function of the need to comply with Article 6 of the Suffolk County Sanitary Code and as a result of the Hamlet Development Model and resulting limitations. Town of Southold TDR Program & I)SGEIS Summary Transfer of Development Rights Program Hamlet growth will be monitored through program implementation to ensure that open space remains in hamlet areas, and development occurs in a ~nanner that is consisteot with design goals of the Town. 5. Development will take the tbnn of small incremental increases as a result of the various options for redemption of credits in receiving zones, specifically, options include: · Single Family Homes through limited density increases of new subdivisions; · Two-Family Homes through creation of such homes where appropriate; · Multiple Family Dwellings where appropriate and subject to Town Board change of zone. · Detached Accessory Dwelling Units associated with existing homes, and · Mixed use or flexible zoning developments under potential future Planned Development District 6. Purchase of development rights and outright land purchase programs will continue, thus continuing to reduce density and potential impacts of land development primarily outside of hamlet areas. A summary of potential adverse and beneficial impacts is included in Table 1 at the end of this summary. It should be noted that this proposed action does not propose any development, construction or growth; it has been formulated specifically to control the amount and pattern of future growth expected in the Town. In this sense, the prospect that the Town will experience growth is inevitable - it is the control of this growth and how it is accomplished that is the thrust of the TDR program. The proposed action is simply intended to charmel expected growth into appropriate areas while reducing the amount of this growth in areas which the Town Board, based upon numerous prior plans and studies, proposes to preserve and protect, and to minimize the potential impacts of this growth on the environment. Obviously, relocation of growth to hamlets and commercial centers will increase the amount of and need for infrastructure improvements in these areas, if such are not already present or prove inadequate. These improvements include sanitary, water supply and drainage systems, roadway improvements, increased community services capacities (solid waste handling, energy supply, public transportation, parking, etc.). In addition, increased populations may increase the potential for changes in need for and types of commercial businesses, particularly if these population changes include shifts in age and/or income distribution. The proposed Town Board action would provide an increased level of protection for agricultural land and open space and the rural qualities of the Town associated with these uses, while maintaining the capability of these privately-held properties to provide a reasonable economic return. Residential units would be available for development as transferred development rights or credits, to be used in designated receiving areas. In consideration of the foregoing, it may be concluded that the proposed action is not expected to result in a significant adverse change in the gro~vth potential in the Town and that changes would be beneficial as a result of better conforn~ance to land use plans and location of growth in more appropriate locations. Summary of Mitigation The summary of impacts includes the identification of six (6) factors that present a potential for mitigation of potential adverse impacts. These provide mitigation that is inherent in the TDR program. Two tables summarizing potential impacts as well as mitigation measures are included as Tables ! and 2. Town of Southold TDR Program & DSGE1S Summary Transfer of Development Rights Program Alternatives Considered The following alternatives are considered in detail in the DSGEIS: I. No Action - assumes that the proposed action is not implemented. 2. Density Transfer Incentive - assumes that development credits are increased when transferred to a receiving area. 3. Use of Open Space as Sending Areas - assumes that farmland combined with open space (non- agricultural and/or wooded lands) or open space alone am established as sending areas. 4. Non-Residential Credit Redemption ~ assumes that development credits can be redeemed for non- residential use. 5. TDR Bank- assumes the Town establishes a method for pumhase and m-sale of transfer credits. Next Steps and Approval Process The Town Board has received and approved the TDR Program Planning Report for the purpose of commencing review under the State Environmental Quality Review Act ("SEQRA"). This DSGEIS for the TDR program provides an opportunity for further review by the Town Board, the public and involved agencies. The DSGEIS will be the subject of a public hearing and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. After completion of a FSGEIS, a 10-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. The Town Board will consider the SGEIS record and Statement of Findings on the TDR program prior to any decisions on legislative changes, policy or Town management/implementation associated with the proposed action. The Town Board is the primary and, in effect, the only board that has approval authority to implement the program. As necessary, the Board will direct prep.aration of legislation by the Town Attorney and follow proper hearing notice and filing requtrements prior to enacting legislation. This document is intended to comply with the SEQRA requirements as administered by the Town Board of the Town of Southold. In conclusion, Southold Town has been progressive and successful in planning efforts to preserve farmland and maintain the character and quality of the Town. The Town has considered TDR as a useful tool to help achieve planning goals. The TDR program differs from other preservation programs in that it would not eliminate development potential, but would shift the location of development to appropriate locations in the Town which have been identified through previous studies. The program also differs in that expenditure of public funds is not necessary. The use of TDR credits would therefore preserve farmland and locate an equivalent density to the yield of a parcel in a hamlet area where infrastructure exists. This allows public funds to go farther in achieving total preservation goals through continued use of PDR. This form of development would also achieve a greater level of sustainability since it would promote various forms of residential development (not only single family homes) in areas where residents may live, work or seek recreation using multiple forms of transportation (walking, biking, car pooling, public transportation). Page 4 Table 1 - SUMMARY OF ANTICIPATED IMPACTS To~vn of SoUl'Id TDR Program & DSGEIS Summary Transfer of Development Rights Program ResoUrce · BenefiCial Impacts Potential Adverse Impacts Would preserve existing farmland on Sending sites, and eliminate development · Would result in clearing and grading in Ge0!0gic~Res~es potential from these properties. HALO areas for development resulting from · Would retain agricultural soils on existing farmland parcels, density shift. · Would use public water supply in HALO Would eliminate increase in groundwater withdrawals in rural areas. Wa~rReSo~ees ~ areas and not in sending area locations. Would eliminate discharge of sanitary effluent in sending areas. · Would locally increase nitrogen load in HALO areas through transfer conforming to Article 6, with reduced load in sending areas. ~ Would eliminate clearing of natural vegetation and habitat loss in rural areas. · Would decrease natural vegetation and habitat Would enable preservation of existing agricultural land in large contiguous blocks, acreages in HALO areas for those parcels with less fragmentation of farmland open space, which currently possess such characteristics. ~,, ~ Would minimize potential increase in traffic and congestion in rural areas. · Would generate traffic in HALO areas with · exists.W°uld place additional density in areas where road systems and infrastructure reduced traffic generation in sending areas; are more walkable and promote use HALOs ~i Would encourage pedestrian activity and use of alternative forms of transportation, of alternative transportation. · Would maintain rural land use patterns. ~:~?~.~: ~,. Would provide for divemity of housing types in HALO areas, which would ~ otherwise not be possible. · No adverse impacts expected. Would establish conditions to address aflbrdable housing needs. ~':~ ; : Would minimize potential for "sprawl" pattern of growth. Would conform with land use plans. ~ · Would eliminate potential increase in rural development, with associated reduction · Would result in need for community services : iintt I ~ .n.m,.ac.s,orura. serv, ces. and infrastructure in HALO areas, with Would eliminate need to expand or increase infrastructure services in rural areas, reduced demand in sending areas; HALOs can Would protect watersheds and wellfields (existing and proposed), more readily provide infrastructure. · Would maintain the existing high aesthetic quality of the hamlet areas. · Would result in more development in HALO t~r Would strengthen consumer base for business interests in hamlets, adding to areas, with resultant reduction of development character and vitality of hamlets, in sending areas; HALO development would · Would stimulate increase in social interaction, adding to fabric of community, be varied and potentially smaller in unit size. · Would increase taxes generated in the Town. Soeib~Ec, onomic~ · Would necessitate costs to provide services to · Would stimulate establishment of new business in HALO areas, the HALO development. Page 5 Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Table 2 - SUMMARY OF MITIGATION MEASURES I~-es°m'ce ~tential ~Adverse Impacts Mitigation Measures Geological Resources * Would result in clearing and grading in HALO · No significant unique features exist; clearing and grading will be localized to specific areas for development resulting from density shift, pro)ect sites; site plan and subdivision review will minimize potential impacts. - · · Would use public water supply in HALO areas . ~:" and not in sending area locations. · Public water will be supplied by the Suffolk County Water Authority in conformance with the approved water map; hamlet locations are identified as appropriate water supply areas. Would locally increase nitrogen load in HALO A model was used to ensure that the average density of new development will not exceed :: ,: ~ areas through transfer conforming to Article 6, " Article 6 limitations based on 20,000 SF lots. ';" ~ ' :'. with reduced load in sending areas. ::-:: ' ,, Would decrease natural vegetation and habitat · HALO areas generally are suitable for development due to the current land use pattern; acreages in HALO areas for those parcels which current activity levels preclude the presence of unique or sensitive wildlife species; impacts ;,, :,. ' :: ¢ currently possess such characteristics, would be localized to specific projects sites and site plan and subdivision review would be :. :: ,,* 4: used to ensure that significant adverse impact will not occur. · Though traffic would increase in some areas, it is noted that density is transferred from : ; ~, ~, ~. * Would generate traffic in HALO areas with other locations within the hamlet and many of these trips would exist on area roads ,;: reduced traffic generation in sending areas; development in hamlets is encouraged for walkability shared parking and trips and use of ~ ~ HALOs are more walkable and promote use of public transportation where available; individual land use proposals will be subject to site . : . :~ ~ alternative transportation, plan and subdivision review for site access geometry, sight distance and traffic impacts ?~'' :, which can be mitigated once a problem is identified. · ¢ '~ ~': * The proposal would implement the Towns intended land use pattern through zoning law ? . :. ~. · No adveme impacts expected, measures in conformance with past land use plans and studies; land use can be monitored and adjustments made if found to be necessary. · Service providers would experience small incremental increases in demand over a long . · Would result in need for community services and period of time and as a result, providers would have time to anticipate and serve .... Se infrastructure in HALO areas, with reduced community needs; it is noted that the TDR program anticipates equal density between ~ . r,,nees demand in sending areas; HALOs can more transfer and receiving areas and would not increase density. readily provide infrastructure. · Existing infrastructure is more prevalent in the hamlet areas and therefore better able to accommodate localized land use projects which redeem development credits. · Would result in more development in HALO the Hamlet Density Model was discussed; a limit on development that will be monitored · Communities participated in planning during the hamlet study and in the fall of 2006 when Comm~ity : areas, with resultant reduction of development in will be used to control density and assist in addressing community character; community sending areas; HALO development would be varied and potentially smaller in unit size. use will be subject to small incremental changes over time and as a result can accommodate reasonable use through equal density transfer. · The program anticipates equal density with no increase in what is permitted under full build Socio-Eeonomics · Would necessitate costs to provide services to the out Townwide; the TDR program is voluntary which is a mitigation in itseIf; the program provides options to landowners wishing to preserve agricultural use, and will be used to HALO development, supplement the PDR program; increased service demand will be addressed by utility providers in accordance with their charters, these providers will regain costs through rates. Summary e6 Summary Town of Southold TDR Program Planning Report TABLE 4-2 POTENTIAL RECEIVING CREDITS SchOol District Total Potential TDR Credits Mattituck UFSD 185 New Suffolk CSD 57 Southold UFSD 302 Greenport UFSD 21 Oysterponds UFSD 98 Notes: Mattituck UFSD includes Mattituck and Cutchogue HALO's. Southold UFSD includes Peconic and Southold HALO's. Oysterponds UFSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. The Hamlet Development Model considers several additional factors related to potential over- development. Each hamlet was conceptualized as including both development and open space at a ratio of 70 percent developed area to 30 percent open space. In review of the pilot model mn for Southold, the total number of potential credits gave rise to concern that the use of credits should be monitored and capped at a percentage of the total potential at full buildout. A cap of 30 percent of the total was applied as a value that would be monitored and potentially revised over time as HALO development is realized. Table 4-3 provides a summary of the TDR credits available in each sending zone by school district, as related to the total receiving zone TDR's and the receiving zone TDR's based on a 30 percent cap. TABLE 4-3 SENDING CREDITS VS. RECEIVING CREDITS Mattituck UFSD 1030 185 56 New Suffolk CSD 0 57 17 Southold UFSD 439 302 91 Greenport UFSD 4 21 7 Oysterponds UFSD I 10 98 29 Notes: Mattit~ck IJFSD includes Mattimck and Cutchogue HALO's. Southold LrFSD includes Peconic and Southold HALO's. Oysterponds UTSD includes East Marion and Orient HALO's. See Table 3-1 for grade level transfers between school districts. Review of Table 4-3 provides a basis for several conclusions. It is apparent that there are more sending credits than receiving credits. If TDR were the only mechanism for land preservation, there would be concern that land preservation goals would not be achieved; however, the Sending Zone TDR's will be eligible for PDR and other preservation methods. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS TDR PROGRAM PLANNING REPORT AND SGEIS SUMMARY Summar~ of Proposed Action The proposed project is the creation of a Transfer of Development Rights ("TDR") Program for the Town of Southold. A Draft Supplemental Generic Environmental Impact Statement ("DSGEIS") has been prepared for the Southold Town Board as lead agency, to analyze the potential impacts of an amendment to the Southold Town Code to implement a voluntary TDR program (the "proposed action") to permit and facilitate private transactions that would shift development from agricultural lands in the Town ("sending areas") to locate new residential units in defined hamlet areas (hamlet locus, or "HALO" zones referred to as "receiving areas"). The program would not increase net density, as 1 transferred credit is proposed to equal 1 receiving credit. A variety of unit types would be considered in hamlet areas, which would actually be expected to decrease density, since fewer large homes would be built in rural areas and logically, any unit types received in the hamlets would include smaller and/or multiple- family units. In addition, the proposed action would include a "cap" on the number of units that can be received in the HALO zones to maintain a careful balance of existing community character and ensure compliance with density limitations of the Suffolk County Department of Health Services ("SCDHS"). The proposed action considers implementation of an important planning and program tool described and recommended in the nnmerous planning studies undertaken within the Town over the past 20 years. Objectives of the Project The Town's "objectives" in this case, are the previously stated Town goals: · To preserve land including farmland, open space and recreational landscapes · To preserve the rural, cultural and historic character of the hamlets and surrounding countryside. · To preserve the Town's remaining natural environment; to prevent further deterioration of the Town's natural resoumes and to restore the Town's degraded natural resources back to their previous quality. · To preserve and promote a range of housing and business opportunities that supports a socio- economically diverse community. · To increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. How the TDR Program Works The program involves designation of sending zones which primarily include larger farm parcels in the rural areas of the Town where there is a goal of preservation. Parcels would be eligible for recognition of a number of credits related to their size and potential development yield based on their zoning. Applicants would file for recognition of credits associated with their parcel, and the assigned credits would be a salable commodity. Receiving zones associated with the HALO of each of Southold's hamlets would be designated as overall receiving zones. The zoning districts within the HALO boundaries would be modified through a TDR program local law that would identify the means by which credits could be redeemed in exchange for increased utilization of parcels in accordance with guidelines established for individual zoning districts within the HALO's. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS TDR credits would be exchanged privately and exchanges between buyer and seller could be facilitated by the real estate market, as well as by the Town through a listing of TDR credits issued, which would be researched by landowners, developers and investors seeking to pursue development in the HAL O's in conformance with the credit redemption options. The cost of TDR credits will be market based. It is expected that the Town's continuing PDR program will provide a benchmark for TDR credit value, but the ultimate cost will be determined between buyer and seller based on supply and demand. The value of TDR's is established by creating potential for redemption of TDR credits in connection with land use and development that brings a return on investment to a landowner, developer or investor. To participate, a sending area landowner would contact the Town, make application on forms to be provided, obtain a TDR credit certificate, and seek a private purchaser for the credits. A receiving area landowner would contact the Town, make application for a land use development in conformance with one or more of the options available to achieve density increase using TDR's and process the application with the applicable Board. TDR's can be used on receiving area properties for the purpose of increasing density of Single Family Homes, Two-Family Homes, Multiple Family Dwellings, Detached Accessory Dwelling Units, and potentially for Planned Development District projects at such time in the future when the Town Board enacts a PDD local law. Potential Adverse and Beneficial Impacts There are six (6) key factors which are expected to significantly limit the potential for impacts with respect to new development in hamlet areas, noted as follows: 1. The proposed action is voluntary on the part of both landowners that choose to sell development rights from sending parcels and those that wish to advance a land use project involving purchase and redemption of development credits in a receiving area. 2. The proposed action is to create legislation that would establish a TDR program in the Town of Southold; the action does not authorize actual land use, as any development which would use transferred credits would be subject to individual site plan and/or subdivision review for the specific land use application that would involve the redemption of transferred credits. As a result, further review would occur on a site-specific, project-specific basis. This document is a Supplement to a Generic ElS that identified this program as potentially beneficial, and as is required under SEQRA, analyzes the potential impacts associated with the creation of this legislation. The analysis is by necessity generic and can not anticipate all site-specific or project- specific impacts. Each future action which proposes to redeem transferred credits must be evaluated in terms of conformance to the Statement of Findings that will be generated on the Supplemental GEIS record, and a decision made if the project is consistent with the Findings and/or if there am potential impacts which have not been adequately addressed. 3. Them is a limit on the amount of new residential development which would be received in the hamlets, primarily as a function of the need to comply with Article 6 of the Suffolk County Sanitary Code. 4. Hamlet growth will be monitored through program implementation to ensure that open space remains in hamlet areas, and development occurs in a manner that is consistent with design goals of the Town. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS 5. Development will take the form of small incremental increases as a result of the various options for redemption of credits in receiving zones, specifically, options include: · Single Family Homes through limited density increases of new subdivisions; · Two-Family Homes through creation of such homes where appropriate; · Multiple Family Dwellings where appropriate and subject to Town Board change of zone. · Detached Accessory Dwelling Units associated with existing homes, and · Mixed use or flexible zoning developments under potential future Planned Development District 6. Purchase of development rights and outright land purchase programs will continue, thus continuing to reduce density and potential impacts of land development primarily outside of hamlet areas. A summary of potential adverse and beneficial impacts is included in Table 1 at the end of this summary. It should be noted that this proposed action does not propose any development, construction or growth; it has been formulated specifically to control the amount and pattern of future growth expected in the Town. In this sense, the prospect that the Town will experience growth is inevitable - it is the control of this growth and how it is accomplished that is the thrust of the TDR program. The proposed action is simply intended to channel expected growth into appropriate areas while reducing the amount of this growth in areas which the Town Board, based upon numerous prior plans and studies, proposes to preserve and protect, and to minimize the potential impacts of this growth on the environment. Obviously, relocation of growth to hamlets and commercial centers will increase the amount of and need for infrastructure improvements in these areas, if such are not already present or prove inadequate. These improvements include sanitaw, water supply and drainage systems, roadway improvements, increased community services capacities (schools, solid waste handling, energy supply, public transportation, parking, etc.). In addition, increased populations may increase the potential for changes in need for and types of commercial businesses, particularly if these population changes include shifts in age and/or income distribution. The proposed Town Board action would provide an increased level of protection for agricultural land and open space and the rural qualities of the Town associated with these uses, while maintaining the capability of these privately-held properties to provide a reasonable economic return. Residential units would be available for development as transferred development rights or credits, to be used in designated receiving areas. In consideration of the foregoing, it may be concluded that the proposed action is not expected to result in a significant adverse change in the growth potential in the Town and that changes would be beneficial as a result of better conformance to land use plans and location of growth in more appropriate locations. Summary of Mitigation The summary of impacts includes the identification of six (6) factors that will potential for adverse impacts. These are a form of mitigation that are inherent in the TDR program. A brief table of additional mitigation measures is included in Table 2 at the end of this summary document. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Alternatives Considered The following alternatives are considered in detail in the DSGEIS: 1. No Action - assumes that the proposed action is not implemented. 2. Density Transfer Incentive - assumes that development credits are increased when transferred to a receiving ama. 3. Use of Open Space as Sending Areas - assumes that farmland combined with open space (non- agricultural and/or wooded lands) or open space alone are established as sending areas. 4. Non-Residential Credit Redemption - assumes that development credits can be redeemed for non- residential use. 5. TDR Bank- assumes the Town establishes a method for purchase and re-sale of transfer credits. Next Steps and Approval Process The Town Board has received and approved the TDR Program Planning Report for the purpose of commencing review under the State Enviromnental Quality Review Act ("SEQRA"). This DSGEIS for the TDR program provides an opportunity for further review by the Town Board, the public and involved agencies. The DSGEIS will be the subject of a public hearing and comment period, and all substantive comments on the DSGEIS will be addressed in a Final SGEIS. After completion of a FSGEIS, a 10-day public consideration period must pass, after which the Town may issue a Statement of Findings which would form the basis for a decision on the TDR program. In addition to compliance with SEQRA, completion of this process ensures that involved agencies, parties of interest and the public have an opportunity to comment on and provide input into the TDR program, and further ensures that the Town Board has the benefit of this input in the decision-making process. The Town Board will consider the SGEIS record and Statement of Findings on the TDR program prior to any decisions on legislative changes, policy or Town management/implementation associated with the proposed action. The Town Board is the primary and, in effect, the only board that has approval authority to implement the program. As necessary, the Board will direct preparation of legislation by the Town Attorney and follow proper hearing, notice and filing requirements prior to enacting legislation. This document is intended to comply with the SEQRA requirements as administered by the Town Board of the Town of Southold. In conclusion, Southold Town has been progressive and successful in planning efforts to preserve farmland and maintain the character and quality of the Town. The Town has considered TDR as a useful tool to help achieve planning goals. The TDR program differs from other preservation programs in that it would not eliminate development potential, but would shift the location of development to appropriate locations in the Town which have been identified through previous studies. The program also differs in that expenditure of public funds is not necessary. The use of TDR credits would therefore preserve farmland and locate an equivalent density to the yield of a parcel in a hamlet area where infrastructure exists. This allows public fimds to go farther in achieving total preservation goals through continued use of PDR. This form of development would also achieve a greater level of sustalnability since it would promote various forms of residential development (not only single family homes) in areas where residents may live, work or seek recreation using multiple forms of transportation (walking, biking, car pooling, public transportation). Town of Southold Transfer of Development Rights Program Draft Supplemental Generic EIS Table 1 SUMMARY OF ANTICIPATED IMPACTS Resource Beneficial Impacts Potential Adverse Impacts i Would preserve existing farmland on Sending sites, and eliminate development * Would result in clearing and grading in Geological Res0urces potential from these properties. HALO areas for development resulting from Would retain agricultural soils on existing farmland parcels, density shift. · Would use public water supply in HALO · Would eliminate increase in groundwater withdrawals in rural areas, areas and not in sending area locations. Water Resources · Would eliminate discharge ofsanitary effiuent in sending areas. · Would locally increase nitrogen load in HALO areas through transfer conforming to Article 6, with reduced load in sending areas. · Would eliminate clearing of natural vegetation and habitat loss in rural areas. · Would decrease natural vegetation and habitat 1 Eco ogical Resources · Would enable preservation of existing agricultural land in large contiguous blocks, acreages in HALO areas for those parcels with less fragmentation of farmland open space, which currently possess such characteristics. · Would minimize potential increase in traffic and congestion in rural areas. · Would generate traffic in HALO areas with TransPOrtation * Would place additional density in areas where road systems and infrastructure reduced traffic generation in sending areas; Resot~rces exists. HALOs are more walkable and promote use · Would encourage pedestrian activity and use of altemative forms of transportation, of alternative transportation. · Would maintain rural land use patterns. · Would provide for diversity of housing types in HALO areas, which would Land Use, Zoning & otherwise not be possible. Plans ° Would establish conditions to address affordable housing needs. * No adverse impacts expected. · Would minimize potential for "sprawl" pattern of growth. · Would conform with land use plans. · Would eliminate potential increase in rural development, with associated reduction · Would result in need for community services CommUnity Services in impacts to rural services, and infrastructure in HALO areas, with · Would eliminate need to expand or increase infrastructure services in rural areas, reduced demand in sending areas; HALOs can · Would protect watersheds and wellfields (existing and proposed), more readily provide infrastructure. · Would maintain the existing high aesthetic quality of the hamlet areas. · Would result in more development in HALO Community Character · Would strengthen consumer base for business interests in hamlets, adding to areas, with resultant reduction of development character and vitality of hamlets, in sending areas; HALO development would · Would stimulate increase in social interaction, adding to fabric of community, be varied and potentially smaller in unit size. Socio-Econornics · Would increase taxes generated in the Town. · Would necessitate costs to provide services to · Would stimulate establishment of new business in HALO areas, the HALO development. Town of Southold Transfer of Development Rights Program Draft Supplemental Generic ElS Table 2 SUMMARY OF MITIGATION MEASURES Resource Potential Adverse Impacts Mitigation Measures GeologiealResources · Would result in clearing and grading in HALO · No significant unique features exist; clearing and grading will be localized to specific areas for development resulting bom density shill, project sites; site plan and subdivision review will minlmiTe potential impacts. · Would use public water supply in HALO areas and not in sending area locations. * Public water will be supplied by the Suffolk County Water Authority in conformance with the approved water map; hamlet locations are identified as appropriate water supply areas. Water Resources · Would locally increase nitrogen load in HALO areas through transfer conforming to Article 6, · A model was used to ensure that the average density of new development will not exceed with reduced load in sending areas. Article 6 limitations based on 20,000 SF lots. · Would decrease natural vegetation and habitat · HALO areas generally are suitable for development due to the current land use pattern; Ecol0gieal Resources acreages in HALO areas for those parcels which current activity levels preclude the presence of unique or sensitive wildlife species; impacts currently possess such characteristics, would be localized to specific projects sites and site plan and subdivision review would be used to ensure that significant adverse impact will not occur. · Though traffic would increase in some areas, it is noted that density is transferred fi-om · Would generate traffic in HALO areas with other locations within the hamlet and many of these trips would exist on area roads; Transportation reduced traffic generation in sending areas; development in hamlets is encouraged for walkability shared parking and trips and use of Resources HALOs are more walkable and promote use of public transportation where available; individual land use proposals will be subject to site alternative transportation, plan and subdivision review for site access geometry, sight distance and traffic impacts which can be mitigated once a problem is identified. Land Use, Zoning & ° The proposal would implement the Towns intended land use pattern through zoning law Plans ,, No adverse impacts expected, measures in conformance with past land use plans and studies; land use can be monitored and ad. iustments made if found to be necessary. · Service providers would experience small incremental increases in demand over a long i· Would result in need for community services and period of time and as a result, providers would have time to anticipate and serve Community Services infrastructure in HALO areas, with reduced community needs; it is noted that the TDR program anticipates equal density between demand in sending areas; HALOs can more transfer and receiving areas and would not increase density. readily provide infi-astructure. · Existing infrastructure is more prevalent in the hamlet areas and therefore better able to accommodate localized land use projects which redeem development credits. · Communities participated in planning during the hamlet study and in the fall of 2006 when · Would result in more development in HALO the Hamlet Density Model was discussed; a limit on development that will be monitored Connnunity Character areas, with resultant reduction of development in will be used to control density and assist in addressing community character; community sending areas; HALO development would be use will be subject to small incremental changes over time and as a result can accommodate varied and potentially smaller in unit size. reasonable use through equal density transfer. · The program anticipates equal density with no increase in what is permitted under full build Soeio-Economics · Would necessitate costs to provide services to the out Townwide; the TDR program is voluntary which is a mitigation in itself; the program HALO development, provides options to landowners wishing to preserve agricultural use, and will be used to supplement the PDR program; increased service demand will be addressed by utility providers in accordance with their charters, these providers will regain costs through rates. Summary Summary SOUTHOLD TOWN BOARD PUBLIC HEARING May 27, 2008 7:30 PM NOTICE IS HEREBY GIVEN That the Town Board will hold a public hearing on the Draft GElS for the Transfer of Development Rights {TDR) at a special Town Board Meeting on May 27~ 2008 at 7:30 p.m. at the Southold Town Hall, 53095 Main Road~ Southold, to receive public comment on the DGEIS. At least 10 days will be provided for written comment after the close of the public hearing. SUPERVISOR RUSSELL: What I would like to do is I would like to get the meeting underway. Would everybody please rise and Pledge Allegiance to the Flag? Okay, tonight's public hearing with reference to a Transfer of Development rights or TDR program for Southold Town is the culmination of a couple of years of work and study by groups within Southold Town government and with the help of a consultant who I would like to introduce now, to come up and give everybody a brief summary of the work and where we are at. So, without further ado, Chick Voorhis. CHARLES VOORHIS: Thank you, Scott. Good evening. My name is Charles Voorhis with the firm of Nelson, Pope and Voorhis and I am hem tonight as consultant to the Town of Southold assisting with the Transfer of Development rights program that is currently under consideration. The purpose of the meeting tonight is to receive input from the public on the Draft Generic Environmental Impact Statement for the TDR program that the Town Board is currently considering. The Town Board received a draft TDR report last year back in 2007 and in review of that proposed action, the Town Board assumed lead agency, classified the project as a Type 1 action and found that the project could have one or more potential adverse environmental impacts. As a result, a positive declaration was issued and that required the preparation of the Draft Generic Environmental Impact Statement. So we are here tonight to receive input on the Draft GEIS. That document was accepted by the Town Board on April 22, 2008 and the Board did hold a public information meeting on the TDR program on May 6, 2008, just a few weeks ago and at that night information was distributed that included a summary of the document, information about the process and you know, was available for clarification purposes. So tonight, I just want to stress that no decision has been made and no decision will be made tonight. We are here to receive comments on that document that that information meeting was held on and has been in cimulation. The DGEIS and the notice of the public hearing were circulated to involved agencies and parties of interest and the document itself was made available on the Town's website, at the Town offices and the two local libraries. All requirements of SEQRA part 617 of the ECL and the rules and regulations have been complied with, with respect to this process. The DGEIS will be Southold Town Board Public Hearing 2 Draft GEIS for Transfer of Development Rights the subject ora comment period for at least 30 days as is required by law, which will end 10 days after the close of the public hearing. Comments made in writing carry an equal weight with comments made at the hearing, so as a result you are encouraged to provide written comments in addition to or in lieu of any comments made at this hearing. And I am speaking really for the benefit of the public, the Board is aware of this process but just to provide a summary of the process that will carry forward. After the close of the comment period which we anticipate will occur 10 days after the close of the public hearing, I will assist the Board and the team that prepared the Environmental Impact statement in preparing responses to all of the comments that are on record. So this includes all of the written and all comments. The Town Board will ensure that that document is complete and will accept that as a Final Generic Environmental Impact Statement at the appropriate time. Once the final GEIS is accepted, that will also be available on the Town's website, in the local libraries and at Town Hall. And that will be made available and circulated for at least 10 days after the acceptance of that document. Once that is complete, the SEQRA process is basically done from the standpoint of public input but this Board will make an appropriate statement of findings on the ElS process that weighs and balances the social, economic and environmental issues with respect to the overall action. So as you can see, the process involved a number of opportunities for public input. This evening we are requesting comments on the contents of the ElS which has been circulated. Just a few very quick ground rules and then we will proceed to the open comments. If you wish to speak, raise your hand. Scott will recognize you and once recognized, come forward, provide your name and address for the record, tell the Board your specific comments on the document and speak clearly, as your comments will be made part of the record. We will not exchange in dialogue or endeavor to answer questions tonight, this is strictly to receive public input. And I will stress again, all substantive comments will be addressed in the final ElS and you may submit written comments for a period of 10 days after this evening to complete the process. So, Mr. Supervisor, I guess if you would like to conduct the meeting and recognize speakers, I will be here to listen, take notes and collaborate with the team to help with the final EIS after we receive all the comments. SUPERVISOR RUSSELL: Okay, thank you. With that being said. Mr. Meinke? HOWARD MEINKE: Hi, my name is Howard Meinke, 7075 Peconic Bay Boulevard in Mattituck. I am speaking for myself and North Fork Environmental Council. The early discussions of TDR were pretty firm in saying it was going to be density neutral, so one house would go from here and one house would land here. There would be no net increase in numbers. From reading the document, it seems that a net density increase should be expected because the value of one right to build on two acres is probably worth more that one right to build on a smaller house on a half acre in the hamlet, thus TDR will bring an increase in the number of residents, taxes, traffic, congestion and a loss of rural atmosphere. So the one to one that has been talked about doesn't seem to be real, it seems as though it is going to get to be higher than that. There is discussion in the TDR plan and document that points out that the increase in residential develop in the hamlet HALO through the TDR will necessitate an increase in commercial development and infrastructure in the hamlet. This sounds logical. Consequently, we think that you Southold Town Board Public Hearing 3 Draft GEIS for Transfer of Development Rights should allow TDR's to be used to augment commercial uses while we allow it to grow the residential side of the hamlet and HALO zones. Thus we can get less than one to one transfer and achieve a net reduction of density if they use commercial TDR's. I think it is a mistake. We think it is a mistake not to do that. It is suggested in the report that transfers of density would be aided by the addition of strategically placed sewage treatment systems. We think that this is a bad idea. The forces of growth will use this potential for added density to ram in more commercial and residential development. We will have trouble keeping it rural without this added factor. Affordable housing will be built and it will not require TDR, so there will be additional growth in the hamlets that is (inaudible) through the slow increase in affordable housing and we just bring that up that that is more growth that is not being counted in these documents here. The report states that the movement of growth from two acre housing and large houses to the hamlet HALO and smaller houses will result in a lesser tax impact because of fewer children. I wonder if there is backup for this assertion. We can envision smaller houses with younger occupants putting just as many kids in school as the larger two acre houses. We are not sure that is a totally correct statement unless we see the backup. There is a window of opportunity now during the mortgage crisis and the building slowdown to determine how much growth in Southold is appropriate and to move legislation to set a firm goal. A few years ago, NFEC presented a plan that used the 80 % preservation, 60 % density reduction idea as part of the conservation subdivision idea as a target for all of Southold. From figures in the DGEIS of 2002, this meant that build out of 15,500 residences would be reduced to 12,434, when Southold was settled and, if you think about the population numbers and the residence numbers, that makes sense to us. Southold Town seriously needs this sort of stated objective. The current attitude of we are doing fine now and if the numbers change, we will act, is fatally flawed. An up-to- date comprehensive master plan that unequivocally states a build out goal that reflects that citizens desire to preserve rural Southold will allow something real to be done. The sudden awakening to over development without the backup of a master plan will be all pain and no gain. To properly think about the potential of TDR, we need more information. Southold needs an up-to-date analysis, possibly the status of preservation and development as of December of 2007. The residential build out number, if all existing houses and possible buildable lots are counted, is required. Of course, this also requires an up-to-date calculation of the real build out potential of the hamlet and HALO zones. With this, the Town Board plus the citizens can judge at what growth point Southold loses the rural quality of life that makes it special. On the other hand, if as time passes we agree that we are wrong, it is easy to authorize more growth. If we blunder on with no plan and see that growth is strangling Southold, hand wringing will be our only answer. The Town Board will have failed. The DGEIS also states that potential residential units from all zones other than AC, R-80, R-40 would be 388. The TDR reports sites the receiving zone for TDR's as allowing 663. This seems to be an additional use in RDU's and we want to know where it will stop? Shouldn't we know what the growth target is? Thank you. SUPERVISOR RUSSELL: Thank you. Southold Town Board Public Hearing Draft GEIS for Transfer of Development Rights 4 MR. VOORHIS: Scott, I think that such an important point...yeah, I just wanted to clearly state that the proposal that is before you and the recommendation of the TDR planning board is based on a one-to-one, density neutral transfer program. It is basically to shift one unit from ascending site and have that be received as one unit at a receiving site. There is an alternative in the EIS that does look at the potential for some type of additional incentive but that was discounted as not being appropriate for the purpose of you know, the plan that we are recommending to the Town Board. So we will complete the process, we did also look at commercial receiving areas and transferring credits for the purpose of commercial intensity and that is an alternative as well. So, I just wanted to be clear on this. If Howard has any questions, he is welcome to call me and do you have a copy of your written comments? Because the one part that I didn't follow (inaudible) MR. ME1NKE: Well, I am, this is (inaudible) but I was going to tomorrow send or e- mail in to the whole Board this document. MR. VOORHIS: Great. SUPERVISOR RUSSELL: Thank you. My understanding is it is a density neutral proposal. The calculation outside the HALO would be based on zoning. It is two acre zoning, you needed to buy two acres to secure one building right, the calculation inside the HALO for Suffolk County Department of Health purposes allows the Town to look at half acre, one acre zoning. It is not a gift of zoning. It is to reach those development potentials. You would need to secure the rights elsewhere. But my whole understanding from the, I can't speak for the whole Board but I know that I myself and Councilman Krupski firmly said this had to be a density neutral proposal. We are not in the business of creating housing. Relocating it is something that seriously has to be considered whether we are going to go that approach or not. But certainly not creating more housing than the current zoning allows for. Would anybody else like to come up and address the Board? ROBIN IMANDT: I just want to clarify something. Robin Imandt, East Marion. So are you saying one single occupancy building would be traded for one other single occupancy building? SUPERVISOR RUSSELL: The development to build, the potential to build would be taken out of the sending area and relocated to the defined hamlet area. If you are in the hamlet and you have two acres of property, even if it is zoned at two acres of zoning, under the current zoning, you are allowed one building lot. If you are to go out and secure two acres of two acre zoning outside of that hamlet center, you could transfer that one building right back. In other words, you need two acres to make one house. Secure two acres, buy one building right and then you can relocate on that property. At the end of the day, you still are only trading offthe potential to build one here and relocating it to here. It is density neutral. Southold Town Board Public Hearing 5 Draft GEIS for Transfer of Development Rights MS. IMANDT: But if you change the size of the lot, the lot size let's say. You are going from one single occupancy two acm and over hem now you are going to have quarter acre. SUPERVISOR RUSSELL: Right. MS. IMANDT: So you could have 8 units. SUPERVISOR RUSSELL: That is right. The density would be increased but it would be increased through the extinguishing of building potential elsewhere. MS. IMANDT: Oh. Okay. SUPERVISOR RUSSELL: Thank you. UNIDENTIFIED: Inaudible. COUNCILMAN WICKHAM: Scott, I would just like you to clarify, you refer to yourself and Councilman Kmpski. I think you ought to speak for the whole Board. SUPERVISOR RUSSELL: Yes. I am quite certain, you have to remember this started with the previous Board, I am quite certain the whole Board was set on a density neutral proposal from the beginning. I can't speak for the two councilmen who are new to the Board and Councilman Wickham certainly, is by all means able to speak for himself, but I can tell you when this started originally it was, the whole premise from the beginning, density neutral. The idea wasn't to create new density. It was to relocate existing, potential density. BENJA SCHWARTZ: Hi, Supervisor Russell, members of the Town Board. Getting to that. My name is Benja Schwartz. Remember me? For a long time you could never remember my name Tom. But I think that was a long time ago. Maybe there is some kind of a density neutral equation built into this proposal but that all depends on what you, you know, what your frame of reference is. If you are considering this transfer of development rights as an alternative to the purchase of development rights programs, which have been so well received by the people of the Town of Southold, this is clearly not density neutral, it is instead of extinguishing development rights by their purchase and extinguishment, you are transferring them, into other places. I would just like a few preliminary things. I sent an e-mail on May 20, Tuesday May 20. Was that a week ago today? Asking for access through the website for the Town of Southold Generic Environmental Impact Statement. The document which we are considering today is designated a supplemental generic environmental impact statement. Well, there is a mistake on the home page of your website where it is abbreviated DGEIS. The DGEIS was some other document that, it is in here, you can find the index of it on the website but when you click on the links, they go nowhere. So it should have been a very simple, very quick fix. But I sent that last week and asked to be notified when the links were repaired and checking it this evening, they are still not repaired. So in order to really Southold Town Board Public Hearing 6 Draft GEIS for Transfer of Development Rights consider this proposal and this supplemental Environmental Impact Statement, I think we have to go at least as far back to the generic environmental impact statement which this is a supplement to. I would suggest we need to go farther than that, to our infamous master plan or comprehensive plan. Call it what you will. There are certain qualities, which planning, especially master plan or comprehensive planning should have. It should be complete, it should be consistent and it should be accessible. With all due respect, how are we going to plan to change the zoning and to continue to, if we don't know what our base is? What we are starting with. I think we established at the last Town Board meeting that the Town Board is not familiar with the current master plan to the extent that one does exist... SUPERVISOR RUSSELL: I don't think we established that. MR. SCHWARTZ: I have been to several of the library's to try to find the documents that are supposedly a part of that plan. Although we don't know which documents are part of that plan. There is no place where you can go and say this is part of a plan or this isn't. It is a kind of a myth. Some people have suggested that we take some time out and create a, at least an index, a frame of reference to that. It wouldn't take very long and if we don't do it, we are going to be stuck for a long time with whatever we end up with as a result of partisan politics and planning for private profit and this is what we are dealing with in the heart of Cutchogue. 46 acre property, which last time we brought you a petition with over 1,000 signatures Supervisor Russell and you said, oh, well, that property is zoned for four units per acre and it is only going to be developed at two and a half units, the current proposal is only for two and a half units per acre. Well, I did some quick math yesterday and it comes out to like 3.65 almost 4 units per acre that the current development with 140 units. The original proposal was for higher than the density for which that property is zoned for. But in addition to the residential units there, there are also proposing currently a large, private club to benefit the people who purchase the condominiums, who will also get the lower tax breaks. SUPERVISOR RUSSELL: With all due respect, this is about a TDR hearing tonight. I can appreciate all these things that you talk about because we listen to them all the time. But I would hope that we can just narrow the discussion tonight to TDR program. MR. SCHWARTZ: Sorry but I misplaced one page ofmy notesbut .... SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: But in my review of the tape from the meeting a week ago, the public information session on the TDR program, the Town's consultant spoke about, excuse me .... SUPERVISOR RUSSELL: Can you address the Board, please? MR. SCHWARTZ: Yes, but could you please keep... Southold Town Board Public Hearing 7 Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: Yes, can the audience please be respectful of everybody's right to speak? MR. SCHWARTZ: There is one person here who is making a scene. He has been doing it regularly. Your consultant for the Town spoke of and in the report, in the receiving areas, it says that a variety of zoning districts in the hamlets that could potentially act as receiving areas include hamlet density zones. But there are no hamlet density zones in the hamlets. Hamlet density zones are the places that we are thinking about putting hamlet density outside of the hamlets. SUPERVISOR RUSSELL: You lost me on that. MR. SCHWARTZ: Well, the hamlet density... SUPERVISOR RUSSELL: The HALO's you mean? Okay, hamlet versus HALO. MR. SCHWARTZ: Right. The HD zoning was the idea that maybe we should have some high density outside of the hamlets and those zones still exist although the hamlet studies groups essentially proceeded as if there were no such thing. They ignored them. One of those zones is the property in the heart of Cutchogue. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: There was a discussion, comments by the consultant at the public information meeting last week that perhaps the Town might like to do some rezoning to create some new hamlet density zones. Some places that could receive the credits from the areas where the development is going to be transferred from. With all due respect, I think it is very, very relevant in this process that the Town not consider legislating new zoning because essentially what you are doing is rezoning here and you know, you have got a bunch of alternatives. You have got a lot of words in this report. But the number one alternative to this program would be for the Town to accomplish the objectives of reducing the density in areas where we don't want high density by down zoning. It was called five acre zoning. That was rejected but that essentially is what we are trying to do, is down zone to, excuse me, to up zone to reduce the density. It is confusing. We are trying to up zone the sending areas and down zone the receiving areas. And one way that this could be accomplished would be if the town would simply say you can have less density, less building. The Town doesn't need to allow people to buy the rights and sell the rights. The Town could do a planning study and just say, this is the amount of density you can do in these areas and this is the amount of density you can do in these areas. Everything else here is somewhat more or less of a smoke screen around that essential alternative. That alternative is not included in this, in this environmental impact statement here. Very simple. Do it by zoning, you know, I just, I am sorry, I need to go back to the biggest problem that I see currently in the master plan, was this spot down zoning and I will be brief here and I will try to give you an executive summary. Spot down zoning of one particular farm, 46 acres, that was rezoned at the request of the owner, by a negative declaration of the Town Board, meaning that there could not possibly be any environmental impact of changing the zoning from one unit per two acres Southold Town Board Public Hearing 8 Draft GEIS for Transfer of Development Rights to four units per acre or eight times the zoning, and at that time the Town Board found we don't need to do an environmental impact statement because there won't be any negative environmental impacts. Well, the Planning Board didn't agree with that the following year. They said there had to be an environmental impact statement. The developer refused to do one, the Planning Board denied their application and sued the Town... SUPERVISOR RUSSELL: I understand all this and this is a history we listen to every two weeks but we really want to get a TDR hearing underway. MR. SCHWARTZ: Alright. But this is, this is, that is now. Why hasn't that zoning been looked at? SUPERVISOR RUSSELL: Good question. MR. SCHWARTZ: Well, the owner of that property, Richard Cron, he was on the, in the Cutchogue-New Suffolk Chamber of Commerce. SUPERVISOR RUSSELL: We discussed this at the last work session. We had... MR. SCHWARTZ: Did we talk about the... SUPERVISOR RUSSELL: Yeah. That was raised by Nancy, I believe, at the last Town Board meeting that he had served as a hamlet .... MR. SCHWARTZ: Well, I would like to discuss it. SUPERVISOR RUSSELL: And I appreciate that. We have a meeting next Tuesday to discuss it. MR. SCHWARTZ: I am not repeating what Nancy said. SUPERVISOR RUSSELL: But we want to get on with the TDR hearing tonight and I will listen to everything that you have to say at that forum which would be the Town Board, the general discussion part of the Town Board meeting. But I really want to keep the discussion narrowed to a TDR discussion this evening. MR. SCHWARTZ: And my point is that this would be, if you are going to have four units per acre outside of the HALO zone, outside of the hamlet center in the heart of the farming heritage, in the area where there are two and a half times descending credits for any other area in this proposal, in the Cutchogue hamlet; if you are going to have the density there, then at the very least have the density transferred from some other part of the thing and don't just rely on 25 year old zoning that was influenced by a man who was on the master plan workshop committee, Richard Cron and Nancy didn't mention that, so I am not repeating that. Southold Town Board Public Hearing Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: I think she did at the last meeting. MR. SCHWARTZ: She didn't mention that he was on the master plan workshop committee. SUPERVISOR RUSSELL: Yes, she did. Either way, I do appreciate that and everything you said is valid... MR. SCHWARTZ: She didn't talk about the other original partner, Bill Carroll, who was, his sister was married to Henry Raynor's or his... COUNCILMAN WICKHAM: Benja? For purposes of this hearing... MR. SCHWARTZ: Yes. COUNCILMAN WICKHAM: We understand that your comment is that hey, let that Heritage project be an area to receive density through a transfer program rather than an as of right four units to the acre. That is the take home message for the public hearing tonight. SUPERVISOR RUSSELL: And that is a very fair point. MR. SCHWARTZ: And in terms of TDR's, I would like to make a point that calling them development rights is not helping anyone to understand what is going on here. They are actually development potential and indeed, when I looked up transfer of development rights and potential, I found that every planner who had done a study of this described it not as the transfer of development rights but as the transfer of development potential. So I think if we look at it that way, I would love to see the Town move forward with a transfer of development potential but not until we have a comprehensive plan which covers the whole town and I am not just talking about the Heritage. Thank you. SUPERVISOR RUSSELL: Good point, Benja. I appreciate that. Mr. Baiz. CHRIS BAIZ: Good evening, Supervisor Russell, members of the Town Board. My name is Chris Baiz, I am a resident of Southold. I have not had a chance to really review all of the data. I do have a diskette that I just acquired earlier today, however, I do want to make several comments about a TDR program. I think a TDR program that benefits the outstanding feature of what we are trying to do in the Town of Southold in terms of open space and farmland preservation is an excellent additional tool. I do get concerned when by the numbers in this study that the sending area represents a total area of almost 3,000 acres or almost 1,600 potential TDR's out there or excuse me, development rights of which the receiving areas as it designated and I have these numbers orally that were given to me about one week ago, receiving units that can be put into the HALO's and hamlet centers is 662. Mr. Meinke made reference to 663, my addition gave me the smaller number by a unit, I am concerned when we can land in this program 42% of the development rights that are out in the agricultural fields into our HALO's and hamlet Southold Town Board Public Hearing 10 Draft GElS for Transfer of Development Rights centers as the first stop in this program. I have always felt that a TDR program could be invaluable to farmland and open space preservation in this Town. I would like to see a first target of perhaps landing up to 10% of the total available development rights into the hamlet centers. I mean, currently as the plan stands, the village of Southold and HALO can receive up to 160 more residential building units. Mattituck 138. Peconic and why I don't understand this, 142 and then lesser amounts to East Marion, 73; New Suffolk 57 more units; Cutchogue 47; Orient 24 and Greenport 21 to get to this magic number of 662. I once had a boss who was president of a major bank in New York City and his modus of operating was if we are going to make mistakes, let's make mistakes slowly and right now, I see a plan here that says we can put up to 42% of all development rights out on the ag lands, right into our village centers and HALO's and you know, we can always adjust this in the future. I would rather see a number like, if there are 1,600 potential, the report says 1,571 potential TDR's. Let's say, let's start 150 and see how it works and we can always up it if it works. You know, this is going to be sort of a cat chasing its tail. If you want to land a building site in a village center and you have got to start out and pay an additional $160,000 or $200,000 to land that development right and then go build a structure and is that structure going to give a return to the builder that makes it worthwhile for him to increase that density presumably on a property that he owns in the village, to begin with. Let alone what an outside developer might do. So, currently I perceive this really not as a preservation plan at 662 development rights out of 1,571 being allowed to land in our HALO's and hamlet centers, I see this as a development plan not a preservation plan. COUNCILMAN WICKHAM: Chris, do I understand that you are concemed that there are really too many landing sites? MR. BAIZ: Yes, sir. Right offthe top. COUNCILMAN WICKHAM: I would like to ask the team to describe briefly the caps or limits that we have placed in this document so that we don't overload the hamlet centers. Now maybe those caps are too high but I am not sure if the public understands how we came up with how the document came up with 600 and some sites and the methodology and the caps that we put on that, to address the issue that you raised. So could we ask the team to just outline briefly the methodology? And I don't mean to get in a debate about it, I just... MR. BAIZ: I think at 42%, it is seriously overloaded as a preservation tool. MR. VOORHIS: Yeah, I think, we were trying to follow the numbers and I think Mr. Baiz is referencing the total potential receiving sites within the HALO's when in fact our recommendation in the TDR planning report is to take 30% of that total. So the, in fact what we are recommending is the receiving zones would receive in the neighborhood of 200 credits townwide. So I think it is a little bit closer to what you are identifying as a possible scenario. MR. BAIZ: So you are saying about 15%? Southold Town Board Public Hearing 11 Draft GEIS for Transfer of Development Rights MR. VOORHIS: A little bit more than that. MR. BAIZ: Yeah. Okay. 18%. MR. VOORHIS: But I think, just to be clear, there was a calculation that allowed us to achieve conformance with Suffolk County Health Department article 6,pending their review and input and we actually reduced it based on the stakeholder meetings that went out to each of the hamlets and there was a lot of talk and input to the members of the Town that went to those committee meetings about the need to preserve open space, about the need for recreation, about, you know, even though you are in a hamlet, we don't want to intensify so that you lose the character of the hamlet and that is the reason that that limit was placed on the total potential, so we kind of backed into that number... MR. BAIZ: Right. MR. VOORHIS: And it is almost exactly what you are referring to. The recommendation is to monitor it over time, determine the success of the program and then you know, in a couple of years evaluate to determine if it is working, if there is a market and if the absorption of those credits is reasonable within the hamlets. Is that, I should be addressing the Board. MR. BAIZ: So, as long as the recommendation says let's go to 30% of the 42% and call that the cap for now, so that we can't just blow right through the cap and keep going, I mean, I for one as a resident of this area, someone said to me earlier today, well, I am resigned to the fact that this is going to be a 30,000 person community and I am not resigned to that fact. Okay? And I think the brave new world that we are entering right now is perhaps not even going to allow that development to occur here, simply because of energy costs. We are captive to a region that has not dealt with its energy costs very easily yet and it is just, it is going to be monumentally difficult to sustain a 30,000 person population and generate an economy here that is going to support $4 or $6 gallon of gasoline or $5 a gallon heating oil let alone, I had some Dutch friends visiting three weeks ago and they paid 3 euros a liter for gasoline back in Holland right now. That translates to $17 a gallon and they are living with it. Are we going to be living with that, too? And I think that that will have a major, major impact on these kinds of things. COUNCILMAN WICKHAM: Chris, can I just say? MR. BAIZ: Sure. COUNCILMAN WICKHAM: I think you characterized it correctly by saying that we are talking about 30% of that 42%. MR. BAIZ: Okay. Southold Town Board Public Hearing 12 Draft GEIS for Transfer of Development Rights COLrNCILMAN WICKHAM: Secondly, I go back to the point the Supervisor made earlier on, it is a one for one transfer. We are not developing new potential here. We, the book, proposes a transfer of density. We are not generating new density. MR. BAIZ: Oh, I totally understand that. But what you are saying in all of this is that of the 1,571 development rights that either could be preserved through the farmland preservation program, either at the town level, the county level, state or federal level, we are going to allow up to 42% of that to be built out but built out in our HALO's .... COUNCILMAN WICKHAM: A third of that. MR. BAIZ: Well, okay. COUNCILMAN WICKHAM: 30% of 42%. MR. BAIZ: So long as we are definitely capped at that 30 of 42 and then we revisit it. SUPERVISOR RUSSELL: Could I just explain on behalf of the stakeholder committee? There is a far greater amount of available credits than there is areas to land it. One of their first proposals was to say, you know what? Let's put a cap in each of the hamlets. The Town Board, in a new Town Board in a new day, can always revisit that cap and say do we need to elevate the cap, do we need to keep the cap in place? MR. BAIZ: Okay. SUPERVISOR RUSSELL: That safeguard, that governor, of that program was in fact the cap for each of the hamlets. And it is by no means meant to replace the traditional effort which is to extinguish and there is certainly plenty of discussion to have on TDR's but the, I don't think anybody is presupposing this replaces our traditional role, which is to extinguish credits by purchasing development rights through the very successful programs. MR. BAIZ: Let me understand your point then, are you saying for instance, in the case of the village of Southold and its HALO, where the plan said up to 160 TDR's could be landed, in fact not more than 30 % of that will be landed at this time? COUNCILMAN WICKHAM: Yes. Correct. MR. BAIZ: Okay. SUPERVISOR RUSSELL: There are two calculations. How much can you physiologically relocate, based Suffolk County Department of Health... MR. BAIZ: Yeah. Southold Town Board Public Hearing 13 Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: And how much does the zoning allow for and then how much are we going to allow for through this program. That is where that cap came from. MR. BAIZ: Okay. SUPERVISOR RUSSELL: The calculation is merely a calculation so that we know what we could do under Suffolk County Department of Health which is really the guiding influence here to all of this. MR. BAIZ: Okay. Very good. SUPERVISOR RUSSELL: And a new Board would have to take an affirmative, formal action to raise those caps. Local law presumably. MR. BAIZ: Okay. Very good. I think it would be a useful tool, then. SUPERVISOR RUSSELL: Thank you. MR. BAIZ: At this stage. SUPERVISOR RUSSELL: Yes? LESLIE WEISMAN: Leslie Weisman, chairperson of the Southold Hamlet Stakeholder Committee, I am a member of the TDR workgroup. I just want to add one small historic explanation. When we were sitting 2 ½ years ago at a Planning and Zoning Committee meeting and the discussion took place about doing a feasibility study to see whether or not, we knew certainly there was more than enough agricultural and open space worthy of preservation, but was there enough room within the hamlet HALO areas to do something that made it even feasible to consider a townwide program, I agreed to work with John Sep and Mark Terry, who was then acting director of the Planning Department on the creation of a model for the feasibility study on the following conditions: that no overdevelopment that was inappropriate in scale or density that would in any way compromise the historic character and scale of our respective hamlets, each of which are different and each of which have to be considered separately in an equitable, not an equal, but an equitable formula so that it is a win-win situation; would we proceed? It was on that basis that that goal was explicitly stated in the original feasibility study that this TDR proposal built upon. So from the very get go, everyone involved was on the same page. The hamlets were never to become the "dumping grounds" of preservation and inappropriate overdevelopment. And we believe that through this cap we have been able to create, based upon looking at full potential build out and then back stepping to say how can we continue to have open space within the HALO's and hamlets and appropriate development that doesn't create excessive traffic but that does permit preservation with out using taxpayers dollars. Preservation that in fact comes from market money, market made money and private development so it is an additional tool but again, not when it is not at the sacrifice of the quality of life of those of us who love our hamlets. All of us who live here. So the model from the very beginning incorporated that and if you really Southold Town Board Public Hearing 14 Draft GEIS for Transfer of Development Rights read carefully this larger scale proposal, you will see that those caps are in place, that there is an agreement. The larger proposal by law must incorporate alternative suggestion. It doesn't mean that they will be adopted, it means that it is a required step that has to be incorporated and so perhaps there may be little confusion about you know, what exactly the proposal is but the proposal was never intended to create inappropriate overdevelopment in the hamlets. SUPERVISOR RUSSELL: Thank you. Linda? LINDA: We were talking about trading one for one density and I did .... SUPERVISOR RUSSELL: Linda Goldsmith. LINDA GOLDSMITH: Oh, I am sorry. Linda Goldsmith, East Marion. If I own 50 acres in an R-80 zone, that means that I would have 25 credits, no? SUPERVISOR RUSSELL: Not likely, with the new subdivision calculations. You would have to calculate the building yield. MS. GOLDSMITH: Okay. That was my question. Will that building yield be calculated? SUPERVISOR RUSSELL: My presumption is it would have to be because otherwise you are trading in intangibles that might not exist. MS. GOLDSMITH: Because I could not build 25 houses there? On my 50 acres of an R-80. I would have to put a certain amount of... SUPERVISOR RUSSELL: Yeah, the set-offs for drainage, for roads, you would have to cluster. It is not likely you would get all 25 building lots. You would get close but not quite because of the way the current zoning requires 40% of your land to be involved and 60% for open space. MS. GOLDSMITH: Correct. SUPERVISOR RUSSELL: But my presumption is, and I will ask Chick and the rest of the group here if the calculations could it be based on the actual ability to build and not just on the theoretical zoning. That is a big issue. MS. GOLDSMITH: That is my issue. SUPERVISOR RUSSELL: That is a fair point. MS. GOLDSMITH: And the other comment I wanted to make was I was not a stakeholder but I was, I listened very closely when our stakeholders had meetings and at Southold Town Board Public Hearing 15 Draft GEIS for Transfer of Development Rights least in East Marion the TDR was never mentioned. Was this something stakeholders were working on, or grappling with or thinking about or anything? SUPERVISOR RUSSELL: When I first came into office, after the initial report was handed to the previous Town Board, I had asked about the word TDR, in fact I invited all of the stakeholders back but for two of them, everybody said, oh, the issue of TDR specifically never came up. It came up in different facets, it came up you know, in everything but the specific words 'transfer of development rights'. The concepts were there, the discussion was there but I am not sure it was as assertive, the word, as it should have been. But again, it was revisited when we went through the process again. MS. GOLDSMITH: And lastly, especially if you look at East Marion where the HALO or where the HALO zone is, it actually extends south of Bay Avenue you know, into that area and there are just lots. I mean, there is no big clump of property south of Bay Avenue. There is a lot over here, there is a lot over here. Most of them are not even an acre but I think that most of them, I think that one or two of them are R-40's. So that would mean if someone went and bought development rights that one piece of property say on Bay Avenue that is one acre, that could have one house right now, could possibly have two? SUPERVISOR RUSSELL: That would be a presumption, yeah. Absolutely. A legitimate presumption. MS. GOLDSMITH: Okay. That is my concern as far as you can take a nice, you know, houses along there are pretty much on ½ acres, I mean mine is probably on less but you know on half acres but you can actually put, you see t his one piece of property and you can actually put two more houses on it. And the other thing I wanted say was, I think there was some discussion at the meeting last week regarding, they were saying big homes have more children in the schools and all of that or something to that effect and that this would, I am not sure how that went but I was, that pretty much is a fallacy because I look at some of these estates with huge, big homes. There are 30 houses, 35 lots in there and I think there are maybe 6 children in the school. So, thank you. SUPERVISOR RUSSELL: I will tell you from a guy who lives in a 900 square foot house and has two children, one of who eats enough to feed 40 children, I can agree that the size of the unit is not indicative of the population of the unit. Can I just get a clarification, my concern for East Marion. East Marion and I am going to ask you it is a technical issue, East Marion doesn't have, I am sorry, Orient doesn't have public water so its ability to absorb density in the hamlet center would be limited at probably presumably one acre? One acre. It seems we did this on a school district by school district. Is it possible that someone could secure building rights in Orient and transfer them to East Marion, since it is part of the same school district? But a very different hamlet? Because that would be a concern because you have public water which would make you vulnerable to half acre zoning, whereas Orient would not be. UNIDENTIFIED: But all of East Marion does not have public water. We have wells. Southold Town Board Public Heating 16 Draft GElS for Transfer of Development Rights SUPERVISOR RUSSELL: Oh, I know. I am just talking about, I am just talking about what would be an unfortunate consequence would be to buy a farm in Orient and then relocate density to East Marion. That is something I think the Town Board really needs to look at. That would be problematic. MS. GOLDSMITH: That is my other question and I am sorry, I know it is not a question and answer. If someone bought development in Cutchogue, could they transfer them to East Marion? SUPERVISOR RUSSELL: No, school district by school district. MS. GOLDSMITH: Okay. SUPERVISOR RUSSELL: But again, if you look at those zones, if you buy in Mattituck you theoretically could move to Cutchogue. If you bought in Cutchogue you could move to Mattituck. MS. GOLDSMITH: And Laurel as well. SUPERVISOR RUSSELL: In East Marion it becomes a little unfair for East Marion because you don't have the public water, I am sorry, you have the public water which allows for these half... MS. GOLDSMITH: Not all of, not all of East Marion. SUPERVISOR RUSSELL: I know but if you look at that HALO, you could be absorbing half acre zoning that is just not possible in Orient. So that is something the Town Board should need to work out. MS. GOLDSMITH: Well, how is that going to happen? SUPERVISOR RUSSELL: That is something, we have to march forward. I would propose density neutral and hamlet neutral. So that the density in East Marion could only be transferred in East Marion. That sort of thing. MS. GOLDSMITH: Well, that's, that's (inaudible) SUPERVISOR RUSSELL: So if you are going to absorb in hamlet center, you at least know it was saved right in that immediate vicinity, rather than across the causeway. MS. GOLDSMITH: Thank you. SUPERVISOR RUSSELL: Yes. BARBARA PFANZ: Barbara Pfanz, Main Road, East Marion. A number of things aside from Orient only being an ascending area and East Marion being a receiving area, that is Southold Town Board Public Hearing 17 Draft GEIS for Transfer of Development Rights one thing I was going to say. Another concern of mine is enforcement. I don't know if you are still going to keep the same amount of alleged enforcement that you have on now with all of this potential development going on. As we know, certainly in East Marion people do what they want to do and people, the Town, looks the other way and them is a whole bunch of illegal stuff going on them. I certainly hope if you are going to do this you are going to do it responsibly and really plan for having up to code, legal housing brought to the area, if you are going to do that. And also, another concern of mine, when I was looking at the map originally I saw the HALO area in East Marion was originally just north of the road. Now there is a large parcel south of the road. The community has expressed, they don't want the development of a HALO district and I feel like, even though we are saying that, the Town is going right ahead and look at that, the HALO district is growing. So, I know in there you said that you will take what the community has to say in mind but I don't how much power we are going to have when there is just buying and selling going on. I don't know. SUPERVISOR RUSSELL: That is a good point. Let me just point out that there is no private function here in that people get to go out and buy what they want and relocate it and do what they want. Every site that would become, that would absorb a development credit, has to come to this Town Board for a public hearing and a change of zone. You cannot simply take a one acre piece of property, turn it to two half acre pieces of property on your own by going out and securing development rights elsewhere. You need to come in for a change of zone. Secondly, I have given the public, particularly in East Marion a great deal of influence here. The Kokkoris piece, I believe that is the name of the piece? Kortsolakis. That was a proposal that was created by a previous HALO stakeholder's group. I reconvened those groups, put the public in and you know what? The public in East Marion spoke and said we don't want it. And the whole thing died. That was a direct result of giving the public the opportunity to weigh in on itself. And also on the enforcement issue, we are not looking the other way. We used to but now we are trying to do something about it. It is like trying to turn around the Queen Mary, it is far more frustrating than we thought and we are going, hopefully in the near future, discuss a rental permit law that will help me resolve some of those complicated issues in East Marion. COUNCILMAN WICKHAM: Can we focus on the hearing? SUPERVISOR RUSSELL: We are trying. John? JOHN COPERT1NO: I am glad you mentioned input that you received from, I am sorry, John Copertino, Willow Drive, East Marion. I want to speak of the impact on East Marion in regards to this. I would like, well, each hamlet is unique in itself, it is, you know, Cutchogue has a hamlet center and developed land and roads and Mattituck does too. East Marion doesn't. We can't bear any extra traffic. We have a ferry that gives us a problem and as I was going through these TDR paperwork here, I saw one on page 116, it says who benefits from this program? It says ascending area landlords, the investors, the developers, landowners etc. etc. Local businesses benefit. It doesn't say anything about the community desires of the community. The community definitely will benefit Southold Town Board Public Hearing 18 Draft GElS for Transfer of Development Rights somewhat from businesses and so forth but the desires, like you said, is not there, we don't want, in East Marion, we do not want a hamlet center. We don't want any development. East Marion has been there for 350 years and it has been the same for 350 years. Throughout this paperwork, you know it mentioned single family homes, two family homes, multiple family homes, etc. etc. Which is frightening to us out in East Marion. Your potential adverse impacts, it says here, would result in clearing and grading in HALO areas for development resulting from density shift. We don't want it. Everything here is what East Marion doesn't want. We presented you with a petition stating that. Showing that out of 440 households, 328 households did not want it and I could have given you 440 households except it was too exhausting for me. But I could have got about 98% of the households. And East Marion is unique and I wish when you make judgments on this TDR that you consider that. Consider each hamlet as a unique entity. It can't be one blanket coverage. I know that is difficult to do, I am sure it is difficult to do in planning but this is what I want and this is what most of the people in East Marion want. We want to be treated differently because we are different. Let's see. Oh, the gentleman mentioned about four and five bedroom houses being developed. Thirty percent of the houses in East Marion have been built since 2000 and most of them are four and five bedroom houses. Impact on the schools is not even present them because the people that built those houses are wealthy, second home owners or retirees. They have no young children going to school to speak of. I would say 90% of them are not putting children in the school. You can see that by the same number of children in the grammar school. So people don't come out here anymore, especially to East Marion. There is no jobs out them to support a four and five bedroom house. But if you start putting in multi-family houses then you are going to have an impact on the school, which is exactly opposite of what it says in this paperwork. It says it would reduce the impact on the schools. Well, that is ridiculous. It would increase, when you get multi-family houses. Cheaper houses. You are going to get younger people coming in and the impacts on the school is going to be greater. So there is a couple of contradictions in here. I think I have covered most of it and the most important thing is the desire of the community. Your stakeholders mentioned to you or voted no further commercial development in East Marion. That is what they wanted. They came, they were assigned by you and that is when they came up and they told the Planning Board that. We came up with a petition with signatures on it. We don't want a hamlet center. Please consider that when you are making your judgments on these YDR's. Each hamlet is unique and it should be treated that way. It can't be a blanket, you know a blanket edict. Thank you. SUPERVISOR RUSSELL: Thank you, John. I couldn't agree with you more and it was a challenge. You are trying to create something that might work in Cutchogue or Mattituck but might not work in East Marion. I think they did as thorough and as thoughtful a job as possible but sure, there are going to be issues that we need to be cognizant of as we march forward. Mr. Wills? And I will go to you right after that. FRANK WILLS: Good evening, Frank Wills, Mattituck. I have a few comments to make on the TDR. Basically I am in favor of them. But the write up is surprising and it only mentions the HALO zone. It never says anything about the hamlet center and the stakeholders, we were told to develop the hamlet center and the HALO around it but Southold Town Board Public Hearing Draft GEIS for Transfer of Development Rights 19 almost nowheres in the whole report now maybe they were combined, maybe the numbers were combined. But they are not t hem. The other one is transfer of development rights in the school districts. It says should generally be in the general school system. And I was wondering, I didn't bother looking in a dictionary what generally meant but it is an unusual term. Are we going to get around it or are we going to merge school districts? SUPERVISOR RUSSELL: That is a good question. I know what the intent of this Board is but you don't know what the intent of a future Board might be. You know, faces change every day. So, you are right. COUNCILMAN WICKHAM: Actually, there is a legal definition to that. TOWN ATTORNEY F1NNEGAN: The law is that you can't unreasonably transfer between school districts. MR. WILLS: Unreasonably. TOWN ATTORNEY FINNEGAN: That is the state law, so theoretically you would be allowed if it was reasonable. SUPERVISOR RUSSELL: There is the clarity you were looking for, huh? TOWN ATTORNEY FINNEGAN: But in our law we can put in there that it won't be allowed. SUPERVISOR RUSSELL: That won't be allowed generally. TOWN ATTORNEY FINNEGAN: Yeah, we can put in there that it will not be allowed. SUPERVISOR RUSSELL: That was a good point, Frank. MR. WILLS: The other one is, it mentions all sorts of housing, single, double, multiple occupancy but there is almost no mention of affordable housing. And my impression was that originally the only transfer of development rights were for affordable housing and now apparently that isn't mentioned anyplace. SUPERVISOR RUSSELL: They are a very separate program. We already have a transfer of density for affordable housing, sanitary flow credit program that was created by the previous Board. When we extinguish development rights as a Town body, in some cases we can take that sanitary flow credit and apply that to a bank which a developer can buy to build affordable housing. The problem with marrying affordable housing to this specific TDR program is that it is economically unfeasible to create affordable housing and keep a TDR program that is going to be economically viable. No one can buy the right to build density and then still produce affordable housing from that equation. That is why it is a separate program. Southold Town Board Public Hearing 20 Draft GEIS for Transfer of Development Rights MR. WILLS: Thank you. That is it. Thank you. SUPERVISOR RUSSELL: Thank you, Mr. Wills. Mr. Huntington. RAY HUNTINGTON: Ray Huntington, Cutchogue. Good evening. Some really elaborate work has been done on the idea of transfer of development rights here. And it is an idea that has been kicking around for at least 10 years that I know of on the north fork. But tonight your objective is to receive comments on the supplemental impact statement dealing with the transfer of development rights in Southold. This prefatory to accepting a document which is an environmental impact statement in support of future legislation which is not yet written. I just want to make that as a clarifying statement, I know you understand that already. But there are some confusions that we can clean up as we go along. One of those is the idea of HALO. Last time I tried a halo on, which was a long time ago, it had a hole in the middle and the terminology in the impact statement implies that it is only the donut that is where you land the transfer and I do believe the intention is it is the donut plus the center, plus the whole. SUPERVISOR RUSSELL: That is exactly right. It is not a donut but a pancake. MR. HUNTINGTON: Okay. One of the basic principles that we have discussed many, many times through the years is the idea of making changes by transfer resulting in neutral density. This principle is not well expressed in the document, in fact it actually goes out of its way to talk about incentives that would overbalance towards more density. So that is an important point that I think is missing from the impact statement. That the idea was to not create more density by transfer. There is another piece that is not actually missing but it is mentioned only as an alternative and that is the commemial component. The commercial component is a very important part of this picture because it could be the element that makes this a successful program. We talked before just a moment ago about incentives to get people to transfer development from farmland into the hamlet centers, that transfer, that incentive of course is hard to come by. Why would you want to do that necessarily? Well, one way of course is to change the exchange rate and get two for one, three for one, whatever and the Town Board can do that. That is something we don't want to go. And the commemial component however, let's say that a restaurant wanted to have outdoor dining or something like that which is currently prohibited by the code I think, then perhaps if you saved a couple acres of farmland, that could be taken into consideration. So it is a very powerful element here in the commercial aspect that is missing from the document now. You are moving towards perhaps legislation that would enact something. With this part missing, I think we have got the heart out of the program. Excuse me. I am going to use some round numbers to describe what could happen here. From the sending areas, 1,600 let's call them residential development units, can be transferred to the receiving areas. In the receiving areas we can receive 660 units. This means that you have more coming in than will fit. However, the Town Board can make them fit by changing the exchange rate. Very dangerous business. Right now, by using the numbers in the document, it looks like 42% of that which could be transferred theoretically would only fit in the receiving zone, so not all of it could go in. However, Southold Town Board Public Hearing Draft GElS for Transfer of Development Rights 21 we have got more to put in. The how many actually land depends upon the legislation, on what is actually set up. In other words, this document sets up some models, studies the issue, shows what could or couldn't happen but the real key is going to be the change to the code itself, not yet written. Without the code the efficacy of this program really can't be measured. Can't even be judged. You have to know what the code is going to say. so, this is a cart and a horse problem. You need the environmental impact statement to do the legislation but you can't understand the impact if you don't have the legislation. Somehow we have to get the horse and the cart together here yet. My basic concern, though, given all that is the marginal cost of the program may be quite a problem. That is, how much land will we actually preserve for every say, $100,000 worth of cost of operating the program. This program is complex, it is going to be costly to administer and because of these complexities it is going to be of dubious impact. We are not going to see a lot of volume here. So it is a big question in my mind of whether we are being wise in spending our tax dollars preserving land this particular way. We won't know the answer to that until we actually see the legislation that you may propose. Thank you. SUPERVISOR RUSSELL: I think you are right. Actually, you raise the issue of the commemial component. The reality is that under this current TDR proposal, they have used a farm district as a designated feature. In other words, this is active farmland. Well, under current rules you can't transfer sanitary flow away from active farmland unless you want to sterilize the farmland. There is no incentive for business to buy TDR's if they are not going to get the attendant sanitary flow. There is just, and what you proposed I think is almost frightful to suggest that a small business owner needs to go hat in hand in to the Town and buy up development rights every time they want to expand and invest in themselves. There is also the other extreme to that where you let somebody with deep pockets buy their way into all sorts of new zoning, so that is problematic from all approaches. But realistically, I don't think the commemial component can be there until you get a Department of Health on board. MR. VOORHIS: Just another clarification. And I think Pat may want to jump in on this as well. But this document will create a record based on that this Board will have to issue a statement of findings. SUPERVISOR RUSSELL: Right. MR. VOORHIS: The way you structure the findings is the way the law will have to be written. Basically we can't deviate from what is studied and what comes out in the findings. The intent at this time is that it is density neutral, there is no bait and switch here. I mean, we really can't do that. SUPERVISOR RUSSELL: Right. Right. MR. VOORHIS: So I think we do, we have enough information to write the code, we have the recommendations and a basis for the overall legislation and program. That will be the next step. But basically the code would be written to conform to statement of findings which will be consistent with the planning report and your further deliberations. Southold Town Board Public Hearing 22 Draft GEIS for Transfer of Development Rights So, again, I just, I think there was again a misunderstanding. I could look at the document but I know that it says number one, that it is voluntary, number two that it is density neutral and our intent right from the beginning was to keep it simple. So there are a lot of words in here, there is a lot to read but I know the summaries, we stress that. I think it was meetings with this Board in preparation for the public informational meeting where you said make sure that everybody knows. And we added language to make sure that everybody knew that those were the three key elements that we were looking at when we began this. So the receiving area at 660 units, again, that is the maximum. That did not reflect the cap. One column to the right of that is a lesser number, it is the recommendation of this program. Just, it is a little bit redundant but a very important point. TOWN ATTORNEY FINNEGAN: Can I just also add, when the code is written, there will be public hearings at that time, too, on the code. This isn't the final public hearing. SUPERVISOR RUSSELL: This is to accept the SEQRA document. COUNCILMAN WICKHAM: And I would like to also add that the consideration of a commercial component is included in the report as an alternative. UNIDENTIFIED: (inaudible) SUPERVISOR RUSSELL: I hope you people don't leave. I haven't read the statement from Albert Krupski yet and I promised him I would. No, I can wait. Albert wanted to be here, he couldn't make it. So my apologies to Albert if he watches this later. UNIDENTIFIED: Just so you understand, we are not actually leaving, we are in session in the other room. SUPERVISOR RUSSELL: I understand that. And I will talk loud so you can hear me in there. UNIDENTIFIED: Can I ask Mr. Voorhis one question? SUPERVISOR RUSSELL: Yeah. Can I get a clarification for the question from John Copertino and then I will go to you, Mr. Meinke? You can ask me and I will... MR. COPERTINO: He kept saying density neutral? SUPERVISOR RUSSELL: Right. MR. COPERT1NO: I don't understand that statement because if you are adding to the density of the hamlet center, then it isn't density neutral, is it? COUNCILMAN WICKHAM: Let's ask Chick to define density neutral. Southold Town Board Public Hearing 23 Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: Okay. Yeah, John Copertino. MR. VOORHIS: The program is based on one sending area credit is equal to one receiving area credit, period. We do recognize that there will be an increase in growth in the HALO areas as is described in this report and we tried to disperse it in many different ways that those units could be received so that it did not change community character along with all the things that Leslie spoke about before in terms of the hamlet development model, the stakeholder input and so forth. But one sending unit is equal to one receiving unit. It is a shift in density from the areas that we want to preserve to the areas that can sustain reasonable growth with better infrastructure and all the safeguards that are in place. SUPERVISOR RUSSELL: Thank you. Just let me go, Mr. Meinke? MR. ME1NKE: Just very quickly, I just wondered that I do know that Riverhead does have a commemial component to their TDR program and when I was actively snooping in Riverhead development projects and so on, I saw TDR's being used for commercial things that had to do with some of the big box stores, so I, you make it sound like it is excruciatingly difficult to get there, they are getting there and I wondered (inaudible) SUPERVISOR RUSSELL: For two reasons, first of all, they have a sanitary system. They have septic, they are not encumbered based on Department of Health rulings because they have septic systems. They have public sewers. That is a huge bonus if you are going to take control of your own zoning and in particularly Riverhead's case, allow for the type of development that they do. We don't have that anywhere in Southold Town but for the Village and we don't control their zoning. Secondly, their investment market is very different. They have Wal-Mart, they have superstores that are willing to invest substantial amounts of money to locate there. We don't have it and we don't want it in Southold. A small business owner would find it very difficult in the current TDR program because he doesn't get any sanitary component to that. In other words, to just, to put 30 new seats out outside isn't enough for him. He needs to be able to go to the Department of Health and know that they are going to approve that plan. (Inaudible) might give him all the zoning concessions you want but if the Department of Health doesn't sign off on it, there is no meat to it for him. There is no benefit to him. It just becomes intangible. That is the component that is missing because again, under this current proposal, the decision was to use farm district property. Those are active farming properties and you can't transfer sanitary off of those. You could were you to expand this program and talk about private nature preserves, you know, vacant, virgin land. Not nature preserve but, yeah, and then you can get into that sanitary flow translation. You can't under the current proposal because it is using active farmland and the county will not allow you to transfer sanitary off of that. MR. MEINKE: So Riverhead can take it from active farmland but where they put it has sewers so that... SUPERVISOR RUSSELL: Yeah, they have public sewers. Southold Town Board Public Hearing 24 Draft GEIS for Transfer of Development Rights MR. MEINKE: Okay. That probably answers that question. The other thing that I wanted to say refers to Mr. Copertino that I think that the residents of all Southold feel that it is very special just as the East Marion people do and that is why I stress we do need a comprehensive plan. I would like to see a meeting of the minds between you on the dais and the people out here on what, when you tell us what the current development population number of housing units is now and what it will be when all this planning is applied, do we have an intestinal feeling that we are going to like Southold when that happens or do we not? And then if you had a master plan, my understanding of a master plan is that you could enact a development plan that says this number of RDU's is the answer because our residential component, our industrial component the attractiveness to outside money for tourism and etc. depends on the keep it rural part of Southold and the ambiance of Southold and it needs that number. I believe that would work if you had a master plan. You could always change it and increase your development potential if you had a master plan. If you don't have a master plan and you want to hold down development, you are screwed and you all know that. SUPERVISOR RUSSELL: Well, I agree. I think that we need to update the comprehensive master plan. I just think that some people are using that right now because they think it is going to bring everything to a grinding halt in their communities and I think that is faulty thinking. I think there is a better legal approach that we are taking. I know I am going to have a comment in a minute. Robin? MS. IMANDT: This concept of neutral, what is it called? SUPERVISOR RUSSELL: Density neutral. MS. IMANDT: Density neutral is a Karl Rove special. I mean, you are saying you have one and you are going to have four over here. So that is not neutral to me. You have one credit here and then you are going to, as Mr. Baiz said, rezone this other receiving area and make that four. That is not neutral. That is quadruple in my... MR. VOORHIS: They would have to buy four to put four in that spot... SUPERVISOR RUSSELL: Let me explain... MS. IMANDT: That is not what you said before. SUPERVISOR RUSSELL: Let me explain what they mean. This is the school district, this is the hamlet center. MS. IMANDT: Mmmhmm. SUPERVISOR RUSSELL: Say the current potential right now for the entire school district is 100 credits. By creating a TDR program, it simply allows you to locate some of those credits within this district. It doesn't add to the hundred credits. That is a frozen number. It simply lets you take rather than the two acre zoning here, it lets you buy and Southold Town Board Public Heating Draft GEIS for Transfer of Development Rights 25 relocate some of those 100 credits into this downtown, into this hamlet center. But the net equation is 100 credits is still the same. Whether you are going to focus four of them here or four of them on eight acres out here, you still at the end of the day you still have 100 credits. You are just allowing for zoning flexibility to locate tighter clusters in those hamlet centers. That 100 is still the same number though. MS. IMANDT: So basically you are glomming then into one area? SUPERVISOR RUSSELL: Yeah. Glomming isn't a technical term but it is a good term. MS. IMANDT: So in East Marion, there is no reason for this glomming effect. I mean, we have a general store, we have a post office, we have a fire house, we have no industry other than Angel's general store. What would be the reason to push that into that area except to develop the area? SUPERVISOR RUSSELL: In East Marion, again, it is the hamlet without a center. And it is very unique and problematic from this point of view. In, say, a Cutchogue or a Mattituck where you have a lot of active farmland and you want to save that farmland, it is number one on everybody's priority list. Do you save that active farmland by relocating that density into an area that can absorb it, like a Factory Avenue or an Old Sound Avenue. I am not suggesting to the cameras that that is what we are doing, I am just saying where you can focus that incentive in that development. Again, East Marion is sort of the hamlet without a center so I know it is problematic when you look at it there. My concern for East Marion is, what are you going to absorb from Orient, which is completely separate and distinct. Because you have public water. So that is a concern that I would like to resolve before we move forward on it. MS. IMANDT: Well, why do we need to absorb anything from Orient? SUPERVISOR RUSSELL: Well, I would suggest that if you had a program where all you had to absorb was, what, if you are saving farmland in East Marion to put the density elsewhere in East Marion you are getting the benefit of saving that farmland. But if you are going to save farmland in Orient and move it to East Marion, that would be problematic. MS. IMANDT: Well, under your who benefits from this program, this to me is the whole thing in a nutshell. Landowners, investors and developers benefit from an additional mechanism to facilitate compatible and planned development projects that provide return on investment. That has nothing to do with the community. That has everything to do with people from the outside coming in and purchasing land to develop it to make money. And the other thing I would like clarification on is HALO communities benefit from investment in their hamlet areas resulting in redevelopment, whatever redevelop means, and compatible land use which strengthens the hamlet and achieves other land preservation goals. I would like somebody to please explain that. SUPERVISOR RUSSELL: Sure. Somebody? Mark? Southold Town Board Public Hearing 26 Draft GEIS for Transfer of Development Rights MS. IMANDT: What is redevelopment? UNIDENTIFIED (MARK): What page of the report are we referring to? MS. IMANDT: I am looking at the summary, number seven, benefits from this program. UNIDENTIFIED: Okay, these are general concepts that we believe that through this program, those aspects, those seven points will benefit. MS. IMANDT: What is redevelopment? Let's just start with that. SUPERVISOR RUSSELL: I will give you a good example without going to the experts. If I have property in Mattituck, let's say the old KG Brown property, that might be better suited for a residential use facility. Right now it is an industrial park that is vacant. It is buildings, it is old. If someone could secure development rights to relocate a senior community there, invest in that existing infrastructure and invest in what is basically an eyesore. That would be redevelopment of a site that is already developed. You don't have those examples in East Marion. The only real site you have that has been left derelict is the fish plant and nobody wants to invest in that, they just want it gone. So... MS. IMANDT: Are there any hamlets that will be exempt from this program? SUPERVISOR RUSSELL: Again, the program, it is not an automatic. You can create a TDR all you want. You don't just run around and build, you have to come to the Town Board for a change of zone in every single case. Whether it is a two acre lot in East Marion or a 40 acre lot in Mattituck. You still have to come for a public hearing and a change of zone to get there. Nobody is given the right to develop their property any greater than they are currently allowed to. Whether they are in a HALO or not. Whether the TDR program is adopted or not. They still have to come in for a specific okay every time it is done and a change of zone. MS. IMANDT: Okay. Just one last comment and then, when the stakeholders presented the results of what people in the communities wanted, we said we didn't want anything to change in East Marion, as did many of the other I think almost all the hamlets said that, in the newspaper, it said the Town supports that. So what happened? Because this is not supporting that concept. This is completely different. SUPERVISOR RUSSELL: You are looking at this issue just as if East Marion is the only part of the process here. We have several hamlets. MS. IMANDT: No, but all the hamlets said they didn't want things to change. They might want a traffic light or they might want a bus stop or they might want I don't remember the various things but nobody says, yes, we want development please. Southold Town Board Public Hearing 27 Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: No, no. I think what they said was that we want smarter development with design standards, we want investments in the downtown. In Mattituck, they want investment in the derelict buildings. They just don't want this pell mell rush to superstores, like the CVSs'. And that is the things, those are the challenges we need to address for each of these hamlet centers. I don't think anybody met as a stakeholders group and said we don't want it to change at all. East Marion did and certainly Orient had a good argument to be made for that but other stakeholders, in Southold they were very progressive, you know, looking for pedestrian crossings, and pedestrian trails and new design standards. So I don't think it was a document, let's freeze everything in time. MS. IMANDT: You supported that. You the Town Board supported that and yet... COUNCILMAN WICKHAM: I would like to address the comment that I heard. I participated in all of the early meetings of the stakeholders, including East Marion and at least in the early stages, I am not sure about the mom recent ones but at least at the early stages, every one of the stakeholders groups that I participated in was willing to see greater density in the hamlet center provided it was planned and not excessive and provided that it resulted in preservation somewhere outside. They didn't want to see growth and development in the hamlet center if there were no benefit elsewhere in the community but they did understand and they supported the concept. We didn't call it TDR's at that time but everyone of the stakeholder groups that I participated and essentially that was all of them, said yes, we are open to some modest growth within our hamlet areas provided it is in good scale and not overdone and provided that it results in some preservation outside. That is what this book is basically about and it is on a one to one ratio. In other words, any growth in the hamlet is offset by an equivalent or equal amount of reduction in growth in potential outside. MS. IMANDT: I believe that the stakeholders meetings that you are talking about were the appointed stakeholders. COUNCILMAN WICKHAM: Mmmhmm. MS. IMANDT: Not the final group of stakeholders that exist to this day. They said, in East Marion and I am not saying East Marion is the most important thing in the world and who cares about anybody else but that is where I live so that is what I am talking about. East Marion did not want any kind of growth or hamlet center or HALO zone or any of that stuff and that is what came out of the stakeholders meetings and that is what the Town Board, in the newspaper I wish I had the article, supported that. SUPERVISOR RUSSELL: Right. And let me give you two things. First of all, you are being presumptuous to presume I support this. You said that if you support this, you are not supporting our initiative. That is not true. I am not sure that I even support this. Secondly, where I would be and I said the challenge particularly in East Marion, I said that in the Suffolk Times were to keep things the way they are. Now to support the larger proposal here which I haven't made up my mind yet to support that is not going to do in East Marion. What would do in East Marion would be for me to somewhere down the Southold Town Board Public Hearing Draft GEIS for Transfer of Development Rights 28 road, mm around and when someone comes in to receive density on Kortsolakis and I would vote for it. That is where say I didn't keep my word in helping you try to keep things the way they are. But the general TDR program, which is a town wide program that might make sense in certain narrow cimumstances isn't throwing in the towel on the wishes of East Marion. The specific zoning would have to take place down the road. I wouldn't, I know the tempo, I have met with all of you, I know what the issues are in East Marion and I don't see suitable locations for accepting TDR's. Again, I am not even sure I support this notion but these specific actions down the road would decide whether this Town Board supports the right of East Marion to stay the way it is or it doesn't. Not this general TDR plan. MS. IMANDT: Did I just hear you say though, that you do not support, that East Marion would not be the correct place for these TDR's? SUPERVISOR RUSSELL: I would have to look at, under this current plan, I don't think East Marion should be stuck with the prospect of receiving density from Orient and on those other mom nuanced issues we can talk as we go. But East Marion is a challenge there, there is no question about it and this might work in some cases, it might not in others. You know, I have all these bullet points to raise issues tonight and I am sort of raising them early but yeah, there are some concerns that have to be weighed in here but it certainly doesn't apply in every case. This is not a perfect plan. MS. IMANDT: Right. Thanks. SUPERVISOR RUSSELL: Mark? MARK TERRY: Mark Terry, Planning Board. I am part of the TDR team. I just want to qualify some of the practical applications of how the TDR can be used and I think that is what we had in mind when we addressed the smaller hamlet or any hamlet for that matter. And this sort of came out of the hamlet stakeholders groups where they wanted flexibility and maybe the ability to turn a carriage house or one of their garages maybe into a second dwelling and so when we look at the study, you will see that the way you can land some of the TDR units is through what we call a detached accessory dwelling unit and that could be essentially a second residential structure on the same lot, which is prohibited by law now. So that is one of the flexibilities written into the program and I think that would be terrific for East Marion as far as infill on certain structures that already exist. We are not looking at whole end to end lot line buildout for East Marion, I can say that we am very, very aware of the sense of community, we are aware of the quality of live, even for the entire, all the hamlets. So I think that you really have got to get down to the details and not fear the program but recognize it that it could be a way to keep some of your sons and daughters hem. Instead of buying a half acre or one acm lot at $360,000 you may buy one credit at $160,000 from a farmer. So you know, them are some real benefits from this program for those communities that you just can't forecast or see the density integrated now. That is it. SUPERVISOR RUSSELL: Thank you. Linda? Southold Town Board Public Hearing 29 Draft GElS for Transfer of Development Rights MS. GOLDSMITH: It is my assumption that this program is not for lots with existing houses, is that correct? SUPERVISOR RUSSELL: It could be. It could be. Again, it depends on how you want to nuance this plan but I will give you an example. And I know many houses in East Marion that have converted garages over the years, they are just not simply sanctioned. Building permits, etc because it is not allowed under the current code. They could theoretically come in and try to get it sanctioned by securing a TDR. That might be one way to dissolve the building rights on Kortsolakis, which them is a big demand to preserve right now. MS. GOLDSMITH: So ifI own a home, as I do now, I could buy the development rights from someone and come in and ask ifI could put an accessory home on that property? SUPERVISOR RUSSELL: It depends on the size of your property. I think the allowance is to half acre density? So if you have an acre, yes, theoretically you could do that. MS. GOLDSMITH: Okay, so if you had sA of an acre you could not, probably. SUPERVISOR RUSSELL: Wouldn't be allowed under Department of Health. MS. GOLDSMITH: Okay, my other question is we are talking about within school district lines and things like that. You need to remember that if density increases in East Marion the school district grows in Greenport because we send everybody, we send 90 students up them now. So if the density increases in East Marion, Greenport school district increases students and we pay tuition to Gmenport so it would be very costly for the taxpayers in Greenport when you increase that. The other thing is is that we are talking again about big houses, doesn't mean they have the least children. Well, I have lived in East Marion a long time and when my children were in school probably 18 years ago, there weren't big houses. There was tons of farmland. There was 136 children in Oysterponds school. Today with all the big gigantic houses and everything, is 101. SUPERVISOR RUSSELL: Okay. I think what I need to do is ask this Board and Chick you in particular, please specify with greater clarity the issue of density neutral. I think there is a misunderstanding that density or populations are going to shift. If you have the right to build 100 houses in East Marion right now and this is adopted, you still at the end of the day only are allowed to build 100. It doesn't change that. It wouldn't change that population shift. So I think we need to do a lot better clarity on that. Benja? MR. SCHWARTZ: Good evening again. Benja Schwartz. Two questions that are puzzling me. One, on the sending areas, how are, is it determined which properties will be allowed to sell the development rights and how does that compare with the current evaluation program in connection with our purchase of development rights programs? (inaudible) Let me just ask this and then I will sit down. Second question is on the receiving areas. You said several times that each receiving parcel would require a zone change and so that is going to make it awful hard for people who want to buy one of Southold Town Board Public Hearing 30 Drafi GEIS for Transfer of Development Rights these properties to go through a complete change of zone. Is that the way this program is intended to work? To have to do a rezoning every time a development credit is received? SUPERVISOR RUSSELL: That is a good question. COUNCILMAN WICKHAM: Why don't we let them answer? SUPERVISOR RUSSELL: Yeah, I will let them. Let me just address the first issue. The sending zone is almost identical to our preferred list of buying for PDR's, purchase of development rights because it is active farmland and one of the goals of this town has been to acquire the development rights to active farmland and keep it active. By selecting properties from the ag district which is used as a template for the sending area, that is the land that is currently being actively farmed. Chick? MR. VOORHIS: I will give Benja a copy of the summary as well because I think it is all pretty well specified in there. The first question had to do with sending areas, how is it determined who sells development rights. Basically a landowner that is designated as a parcel, a sending parcel, can apply to, in this case we are recommending the Town Clerk, to get an interpretation or credit certificate that is a tradable commodity. It is a privately based, market driven program, so someone that wishes to use that development right on a receiving parcel would approach that landowner through a registry and purchase the credit and then use it as part of the development project. The second question had to do with do all the receiving parcels require a change of zone. Our report and the recommendation in the report does not suggest that every receiving parcel would require a change of zone. We actually divided it between the Planning Board, the Zoning Board of Appeals and the Town Board to incrementally disperse density within the receiving areas. The Town Board's role would be in one of the comments that came up earlier, if you were to consider a parcel appropriate for say HD zoning, you could consider that as long as it occurs with the redemption of credits or the extinguished amount credits that would be shifted to the parcel. The Zoning Board of Appeals is recommended to be the appropriate Board and again, this is just our recommendation for something like a detached accessory residential unit, which was also discussed before. That seems to be an appropriate small incremental increase where somebody could purchase a development right and create an on-site additional residence where you couldn't do that now. And the Planning Board is basically in our recommendations would be able to marginally increase the density of a residential subdivision by slightly decreasing the lots. And the factor is roughly a 20% increase in density for any given subdivision. As long as it is in the HALO and it meets the criteria, our recommendation is the Planning Board would be able to do that. So we think that it distributes the development rights throughout the hamlets. SUPERVISOR RUSSELL: Then I have a question. The ZBA currently, if you give them the authority, would have the right to create an accessory structure on an existing lot. It is not a subdividable lot though. It is the house and the secondary structure, you can go out and buy a TDR and create a house in that. It is still one property, it is not subdividable. I understand that. But how can the Planning Board have the authority to Southold Town Board Public Hearing Draft GElS for Transfer of Development Rights 31 grant greater density than current zoning allows since at the end of the day, it is the Town Board that speaks to the issues of zoning and density not the Planning Board. They just administrate what we pass as law. So I don't know that I would be comfortable with a plan that would give any of the reviewing panels the right to increase density. That at the end of the day needs to be t he hard decisions that get made here. So that... TOWN ATTORNEY FINNEGAN: The plan would be to put that though into the zoning code. SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY FINNEGAN: If you took a detached dwelling unit, you would say put that into your zoning code in this zone if it was in the HALO. SUPERVISOR RUSSELL: Yeah, but the ZBA makes sense because there is already prescription for that. It just simply allows it as a separate structure not attached to the dwelling unit. But if you are going to allow someone to take one acre and just go to the Planning Board and create two half acre lots on that... MR. VOORHIS: No. SUPERVISOR RUSSELL: That is change of zone. That would require the Town Board. MR. VOORHIS: As I said, it is roughly a, it works out to a 20% maximum increase. So if you have a 10 lot subdivision, you could add two units. That is the limit. I will tell you that... SUPERVISOR RUSSELL: How is the (inaudible) MR. VOORHIS: ...there is a precedence for it because it is exactly the same as the program that is used in the Pine Barrens where local town government can marginally increase, through the Planning Board, the density. SUPERVISOR RUSSELL: Marginally. Okay, if you have that one acre lot and you want to take and create two, you have the existing structure, do you want to create a separate building lot? That under this current plan would require Town Board action. Town Board action. Okay. That is a change of zone realistically from 80,000 to 40,000 square. 40,000 to 20,000. Okay. Did we confuse you enough? John? MR. COPERTINO: It seems to me that we are mentioning affordable housing, unaffordable housing, four and five bedroom housing etc. The problem is housing. No matter what cost the housing is here and the easiest solution to housing in my estimation, your estimation and your previous Board's recommendations that you chaired, is regulating accessory apartments. I don't know why that isn't being, that is an immediate fix. An immediate fix. Southold Town Board Public Hearing 32 Draft GEIS for Transfer of Development Rights SUPERVISOR RUSSELL: We are working on that. We are actually, through the housing commission, the Affordable Housing Commission, met with the Suffolk County Department of Health to explore options. We are moving in that direction. Them is a certain amount of science involved because we just again, don't have the right to convey what we want, you need Department of Health okay as to the sewer system. But we are working on that very program right now. MR. COPERT1NO: And that is the immediate problem. SUPERVISOR RUSSELL: And it addresses a much... MR. COPERTINO: You know, we mention TDR's and building on an acre. It is all going to be unaffordable. You know? It is always going to be very costly. $300,000- $400,000 for the acm etc. Get the people housed first, put them in accessory apartments and then try to figure you know, TDR's and ... SUPERVISOR RUSSELL: You and I have talked about this a lot. And I agree. I think statistically much mom significant to look at the apartment route. We can make a bigger difference. MR. COPERTINO: I mean it seems simple to me. I mean, of course it is much more difficult than that but you know, I think that the Board should be working on it diligently and trying to get something passed for the younger people in the Town. SUPERVISOR RUSSELL: Would anybody like to address the Town Board? UNIDENTIFIED: I will be quick, I just have an observation. Previously farmers would sell their land, sell their development rights and that was it, it wasn't like, well, okay what am I going to get for it? They would just sell their development rights, the land would be preserved for the future and right now something has started where well, they can get probably more money and in the meantime it is going to be creating higher density somewhere else. To me it is an observation that just says it is kind of sad in my respect. I don't know what incentive a farmer would have to just sell the development rights for the land to be preserved unless they were truly altruistic and you know, unfortunately they want to make a buck too, so I wouldn't blame them for getting more money with the TDR. But it is just an observation. SUPERVISOR RUSSELL: I think the one thing that needs to be understood with what you said was, we are really changing the focus of preservation a little bit because historically development rights were bought by the Town and extinguished the same day by the Town. If you are going to go to a private market, those rights are going to have to be, the developer is going to want to be make whole, so he is going to want to land them somewhere. Whereas if the Town served as a bank and went out and bought these TDR's, we could, at the vote of the Board, extinguish them at any time. Just like we do with current PDR's. and that was one concern I had with Councilman Ruland, we talked about maybe the Town should stay in as a bank because if we decide you can't land 30 Southold Town Board Public Hearing 33 Draft GElS for Transfer of Development Rights units here, we can extinguish them and that is that. It would be no different than our traditional approach. That is a good point. Anyone else like to address the Board? FLORENCE COPE: Florence Cope from East Marion. Maybe just another part of our uniqueness, we are two square miles in size, two thirds of which is surrounded by water, Bay and Sound and in that two square miles, we currently have 650 residences. My concern is previously a gentleman mentioned when they spoke of caps on development within a hamlet or a HALO zone, East Marion was listed to 73. SUPERVISOR RUSSELL: That is total potential, isn't it? 29, your, the cap. Seventy nine is the total you can absorb based on Department of Health standards. The cap would impose your limit at 29. MS. COPE: Twenty nine but it could go to 73. COUNCILMAN WICKHAM: No. Twenty nine. SUPERVISOR RUSSELL: Would be the cap. But a new Town Board could always elevate that cap down the road. MS. COPE: That is my point. Right. It could be elevated. For clarification, looking at the map here, East Marion has no sending acreage at all. So I don't know just how this formula applies to us, other than what we have in Orient because we are talking of school district. SUPERVISOR RUSSELL: That is again, I raised that issue earlier. You do have potential for sending area in Sep's. My understanding of that is that the owner of that wants to enroll in the ag district. That would potential add it to the list of sending areas. But again, when you are looking at active farmland, there is not a lot in East Marion that is part of the ag district, I know. Fair point. MS. COPE: Okay. One other issue for East Marion and starting now today it is the end of May. For the next three months and Mr. Wickham, I would invite you to try and come to our post office on a Saturday morning and leave it safely. The traffic, you want to talk about density, we put up with there and an excessive speed limit. I would love to see down to even 40 for safety, not that everybody is going to do it maybe they will do 55 instead of 65. but the density there for us, all the way out to the Point, we have no other road and to add additional density to that, I think maybe that is one of the reasons we are all fighting so hard for this little place, we really can't, it is just not safe. So I just need to mention that. Thank you. SUPERVISOR RUSSELL: Okay. Thank you. Would anyone else like to address the Board? I really have to read this from Albert (Councilman Krupski). I am sorry, you have to indulge me, I promised him. Albert could not be here tonight because both of his daughters are being honored at ROTC awards ceremony and as dads go, I don't blame him. That should have been his first priority. "I regret not being able to be here with the Southold Town Board Public Heating Draft GEIS for Transfer of Development Rights 34 Board this evening, my two daughters both participate in the Mattituck ROTC program and tonight is the annual awards dinner for the whole Mattituck-Southold-Greenport unit. I feel that my presence there to support my daughter's and their participation in the ROTC program is important. I have attended several TDR work sessions as a Town Board member as well as the previous public presentation. I believe that the program as proposed, I am sorry, he hand wrote this; has merit and I support this concept as a means of enhancing the Town of Southold's land preservation efforts. Land preservation is a long term goal of the Town and I believe we should explore all options to reach that goal. Sincerely, Albert Krupski, Jr." Okay. Would anybody else like to come up and address the Town Board? (No response) Hearing none, can I get a motion .... COUNCILMAN WICKHAM: I would like to make just one brief comment about the cap and the ratio of sending areas to receiving areas. In my experience and knowledge about transfers of development rights programs elsewhere, the programs that have really succeeded in making a lot of transfers are those that have a lot of receiving areas relative to sending areas. When you don't have, when the ratio is reversed, when you have a lot of potential sending areas and not many receiving areas those programs they are on the books, there may be an occasional person who will take advantage of it but generally speaking, there aren't a whole lot of transfers that are consummated. With the caps that we have and that are in the book, that are proposed, and given the numbers that are out there, I think this can be a useful program but I really don't think we are going to see a whole lot of transfers. Unless we have a commercial component, which is one of the alternatives in the book, that would provide another way to receive units, unless that were in place, I think this program could be successful, it could be nice to have in the books. It might have some marginal value here and there but I don't really think that it will result in very many transfers. SUPERVISOR RUSSELL: Anybody else? Board members like to comment? I have a lot of reservations about it. I sort of expressed them in piecemeal fashion to you earlier tonight but this isn't a vote tonight. This is just a, we are going to close the hearing but I am sure we will have other public hearings and be able to explain a lot of our ongoing concems. Move to adjourn? COUNCILMAN WICKHAM: I move we adjourn but we keep the hearing open for written comment for .... TOWN ATTORNEY FINNEGAN: You actually close the hearing, and you will accept written comment for 10 days. SUPERVISOR RUSSELL: Okay, we are going to have a motion to close the hearing tonight and then accept written comments for 10 days. Motion to close the hearing. Motion to adjourn. Southold Town Board Public Hearing 35 Draft GEIS for Transfer of Development Rights Elizabeth A. Neville Southold Town Clerk Nelson, Pope & Voo ,is, LLC 572 Walt Whitman Road Phone: 631-427-5665 · Melville NY,,~747 Fax: 631-427-5620 Invoice ~perty: 07008 Project: VA02296 Southold 'fDR Pro~-~u~-, & SEQRA lmplt Managec, Voorhis, Charles To: Town of Southold Tovm Hall, 53095 Sta2 Rle 25 P.O. Box 1179 Soulhhoid NY 11971-0959 Attention: Hon. Scott Russell MAKE ~tlECKS PAYABLE TO NELSON POPE & VOORHIS Resolution Nmnber 200'/=33~ adopted Mareh 27, 2007: Professionnl Plamrtng S~rvJces In eonnecUon with n TDR Program pursuant to Nelson, Pope and Voorhls proposal dated March 13, 2007. Invoice #: 5018 Invoice Dat~: June 29, 2007 Invoice Amount $16,900.00 Contract Amount: $16,900.00 Percent ComplY. 100.00% Fee E,m~l: $16,900.00 Prior Foe Bill~ngs: $0,00 Current Fee Total: $16,9oo.oe *** Total Project Invoice Amount Please make all ekecl~ payable to ~T.I~ON POPE & VOORIII$ Please i:w2ude t~veice ~umber e~ checl~ N~I,SON lSOl~ & VOOIU]]S NOW A~ CREDIT CAIU~ ViSA - MASTERCARD - AMERICAN EXPRESS $16,900.00 Town of Southold - Letter Board Meeting of March 27, 2007 RESOLUTION 2007-335 ADOPTED Item # 39 DOC ID: 2761 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 200%335 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby retains Nelson. Pope and Voorhis to provide profgssional plannin~ SeFVices ill connection with a TDR OF4Mrem pursuant to their DFODO~a] dated March 13, 2007 in an amount not to exceed $16,900, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZMOUS] MOVER: Wllllam P. Edwards, Councilman SECONDER: Albert Krupski 3r., Councilman AYES: Evans, WIckham, Ross, Edwards, Russell, Krupski Generated April 3, 2007 Page 62 6] 000006 OIP 214 200. oo .8020.4.500.500 -8020.4.500.500 TBR155 5017 TBR481 5017 TBR335 5018 UPDATE-TOWN WATER M 1,800.00 UPDATE-TOWN WATER M 4,500.00 PLANNING SERVICES- 16,900.00 TOTAL 23,200.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 Purchase Order # '17874 ]WN OF SOUTHOLD Date Tax Exempt # Alfi3554 I, ~ ,' "' L Account # ~,-~... ~ . t ' ~')i...!'~ ""' IDeliver and send billing to: Department Address \ Vendor ' Il 7q-} VENDOR **Return this copy and Town of Southold voucher itemized and signed for payment** ITEM QUANTITY DESCRIPTION UNIT COST TOTAL THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SIGNATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN THE!APPROPRIATION CHARGED Dept~ Head [RTIFY THIS TO BE A JUST 'RUE PURCHASE ORDER Supervisor · Nel on,,Pope & Voo'-'qs, LLC ~572 Welt Whitr,'~an Road Phone: 63, ..+27-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 07008 Prqject: VA02296 Southold TDR Program & SEQRA Implr Manager: Voorhis, Charles To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Hon. Scott Russell Invoice#: 5596 Invoice Date: January 31, 2008 Contract date~ber~ Task I: Project Start-up and Preparation of Full Environmental Assessment Form 0gAF) Parts I and II. ($1,250.00) Invoice Amount $9,321.50 Task II: Project Classification and Issuance of Determination o.f Significance ($250.00) Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $1,500.00 100.00% $1,500.00 $0.00 Current Fee Total: $1,500.00 Task 4: Preparation of a Draft Supplemental Generic Environmental Impact Statement. Work Performed thru 10/22/07 FEB - ,~ 2008 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: Current Fee Total: $15,000.00 50.00% $7,500.00 $0.00 $7,500.00 FEB 1 2008 ..~ SUPERVISOR'S OFFICE lOWN Ill- 5UUI HULrJ Purchase Order # 18901 7 WN OF SOUTHOLD' Date July 23, 2008 Tax Exempt # A163554 B 8020 4 500 300 Account # er and send billing to: rtment PLA~NiNG BO~D Address JVendor ~ {~{J~[ J Nelson, Pope & Voorhis, LLC 572 Walt k%itman Road ~a~ville, NY 11742 VENDOR **Return this copy and Town of Southold voucher itemized and signed for payment** ITEM QUANTITY DESCRIPTION Environmental Cob~a~ Se~ices re: TMR & SEOR~ in payment of UNIT COST TOTAL $6,739.16 THIS PURCHASE ORDER IS NOT VALID WITHOUT THE SI(~NATURES OF THE DEPT. HEAD AND THE SUPERVISOR I CERTIFY THAT THERE ARE SUFFICIENT FUNDS AVAILABLE IN THE APPROPRIATION CHARGED Dept. Head ~RTIFY THIS TO BE A JUST TRUE PURCHASE ORDER .. · ;.,~, . .,/ Supervisor IWelaon, Pope & Voor is, LLC 57;~Walt V~h tman Road Phone: 63', _7-5665 Melville NY 11747 Fax: 631-427-5620 Il To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Hon. Scott Russell SU?ERVISOR'S O[FICE TOWN OF SOUTNOLD Property: 07008 Project: VA02296 Southold TDR Program & SEQRA Implr Manager: Voorhis, Charles Invoice #: 5951 Invoice Date: July 16, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $6,739.16 Task 5: Revise DGEIS; prepare key point summary; prepare for and attend public hearing; prepare hearing introduction. Work Performed thru 5/07/08 Contract Amount: $7,500.00 Percent Complete: 25.00% Fee Earned: $1,875.00 Prior Fee Billings: $0.00 Current Fee Total: $1,875.00 Task 7:Department/StafOTB Meetings, Hearings: Town Board Meeting to advise/consult with Board on DSGEIS prior to acceptance. Prepare for and attend Public Hearing (5/27/08). Work Performed thru 5/27/08 Contract Amount: $3,500.00 Percent Complete: 60.00% Fee Earned: $2,100.00 Prior Fee Billings: $0.00 Current Fee Total: $2,100.00 · [,' Allen Video I 35 Plane Tree Lane Saini James, N.Y. 11780 Invoice In,n~ice 1849 Bill To Town of Soud~hold 53095 Routc 25 P.O. Box 1179 Southhold, N.Y. 11971 Arm: Town Clerk Ilem I~ Job D~e Amounl Me.lng Tape Video Tapc Board Meciing Special informallonal meeting TDR'S 0'J/06t08 300.00 Tape Tapc Used (1) 8,00 Town of Southold, New York - Payment Voucher ,/ Town of Southold Employee Time Record for Grants Employee Name: Melissa Spiro Employee Title: Principal Planner Grant Contract Number: C059933 Grant Title/Development and Implementation of Description: Town of Southold TDR ProRram Budget Amount: ~11900 Date Description of work accomplished Hours Rate Total Hourly Rate 7/29/2005 Reviewed TDR Program prepared by P,F. 3.0~0 $ 139.32 $ 46.44 8/16/2005 Meeting with Town Board to discuss TDR 1.00 $ 46.44 $ 46.44 8/24/2005 Met with Town Board to review draft plan 2.00 $ 92.88 $ 46.44 9/21/2005 TDR Work group meeting 2,00 $ 92.88 $ 46.44 9/23/2005 Discuss TDR Req with SCDHS 2,00 $ 92.88 $ 46.44 SCDOH meeting update In attendance- Pat Finnegan, Mark Terry, Melissa Spiro, Walter 10/19/2005 Hilbert, Vito Minei, Martin Trent 2.00 $ 92.88 $ 46.44 Prep and attend TDR Work Group 2/2/2006 meeting/HALO 4.00 $ 189.00 $ 47.25 2/6/2006 Planning and Zoning Meeting 1.50 $ 70.88 $ 47.25 2/15/2006 Prep and attend TDR Workgroup Meeting 3.00 $ 141.75 $ 47.25 3/8/2006 Prep and attned TDR Work Group meeting 4.00 $ 189.00 $ 47.25 3/14/2006 Discuss TDR Plan with Town Board W.S. 2.00 $ 94.50 $ 47.25 3/21/2006 Prep and attend TDR Work Group 3.00 $ 141.75 $ 47.25 3/27/2006 Discuss HALO/TDR with J.S., M.S.A.T. 1.75 $ 82.69 $ 47.25 3/28/2006 DiscussTDR with Town Board W.S. 2.75 $ 129.94 $ 47.25 11/17/2006 Joint Riverhead/Southold TDR Workshop 1.50 $ 70.88 $ 47.25 Met with Planning Board to discuss TDR 11/21/2006 methods and model. 2.00 $ 94.50 $ 47.25 11/28/2006 Met with SCDOH to discuss transfer rates 1.50 $ 70.88 $ 47.25 1/26/2007 Prep and attend TDR Work Group meeting 3.00 $ 147.42 $ 49,14 Discuss TDR with Planning and Zoning 4/712007 Corem 2.25 $ 110,57 $ 49.14 4/8/2007 Prep and attend TDR Work Group meeting 2.50 $ 122,85 $ 49,14 4/11/2007 Prep and attend TDR Work Group meeting 3,00 $ 147.42 $ 49.14 5/9/2007 Prep and attend TDR Work Group meeting 3.00 $ 147.42 $ 49.14 5~23~2007 Prep and attend TDR work group meeting 2.50 $ 122.85 $ 49.14 5/2412007 TDR Planning and zoning meeting 1.50 $ 73.71 $ 49.14 Prep and attend TDR work group to review 3/14/2007 DGEIS 3.00 $ 147.42 $ 49.14 6~8~2007 HALO meeting with J.S. 2.00 $ 98,28 $ 49,14 6/14/2007 Prep and attend TDR Work Group meeting 3.00 $ 147.42 $ 49.14 6/15/2007 HALO modeling meeting with M.S./J.S. 2.25 $ 110.57 $ 49.14 6/16/2007 Discuss HALO modeling with J.S. 1.75 $ 86.00 $ 49.14 6/21/2007 Update Planning and Zoning on TDR 2,00 $ 98.28 $ 49.14 6~26~2007 Met with Bill and Tom Town Board members 2.00 $ 98.28 $ 49.14 6~27~2007 Prep and attend TDR Work Group meeting 3.50 $ 171.99 $ 49.14 7~3~2007 TDR Work Group meeting 2,00 $ 98.28 $ 49.14 Met with Scott, Al and Dan Town Board 7~6~2007 members 2.00 $ 98.28 $ 49.14 7/12/2007 Review TDR program at Town Board WS 2.00 $ 98.28 $ 49.14 7/12/2007 TDR Work Group meeting 2.00 $ 98.28 $ 49.14 4/8/2008 Prep for TDR Work Group meeting 2.50 $ 142.03 $ 56.81 4/9/2008 'I'DR Work Group meeting 4.00 $ 227.24 $ 56.81 4~26~2008 Prep and attend TDR Work Group meeting 4.00 $ 227.24 $ 56.81 Meeting with Town Board AND Public on 5/14/2008 DGEIS 4.00 $ 227.24 $ 56.81 7/23/2008 ITDR Work Group meeting 3.00 $ 170.43 $ 56.81 8/8/2008 Discuss TDR/HALO with Town Board W.S. 2.00 $ 113.62 $ 56.81 10/12/2008 Prep and attend TDR work group 3.00 $ 170.43 $ 56.81 1.75 $ 99.42 $ 56.81 Hourly rates include fringe benefits Town of Southold Employee Time Record for Grants Employee Name: Mark Terry Employee Title: Principal Planner Grant Contract Number: C059933 Grant Title/Development and Implementation of Description: Town of $outhold TDR Program Budget Amount: ~7,000 Date Description of work accomplished Hours Total Hourly Rate Hourly Rate 7/29/2005 Reviewed TDR Program prepared by P.F. 3.00 $92.02 $ 45.05 8/3/2006 Discuss TDR Program with P.F. Email 1.00 $30.67 $ 45.05 8/312005 Meeting with P.F on TDR program 2.00 $61.35 $ 45.05 8/12/2005 Email form P.F. 0.50 $15.34 $ 45.05 8/16/2005 Meeting ith Town Board to discuss TDR 1.00 $30.67 $ 45.05 8/17/2005 Discuss TDR with P.F. 2.00 $61.35 $ 45.05 8/29/2005 Discuss TDR Req with SCDH$ 200 $61.35 $ 45.05 8/24/2005 Met with Town Board to review draft plan 2.00 $61.35 $ 45.05 9/21/2005 TDR Work group meeting 2.00 $61.35 $ 45.05 9/23/2005 Discuss TDR Req with SCDHS 2.00 $61.35 $ 45.05 9/27/2005 Discuss TDR Req with SCDHS Email 1.00 $30.67 $ 45.05 9/28/2005 Discuss TDR Req with SCDHS Email 1.00 $30.67 $ 45.05 912912005 Discuss legal issues of TDR with P.F. 1.00 $30.67 $ 45.05 SCDOH meeting update In attendance- Pat Finnegan, Mark Terry, Melissa Spiro, Walter 10/19/2005 Hilbert, Vito Minei, Martin Trent 2.00 $90.1(~ $ 45.05 2/2/2006 TDR Work Group meeting/HALO 3.00 $149.16 $ 49.72 2/6/2006 Discuss TDR with John Sepenoski 1.00 $49.72 $ 49.72 2/6/2006 Planning and Zoning Meaning 1.50 $74.58 $ 49.72 2/15/2006 TDR Workgroup Meeting 2.00 $99.44 $ 49.72 2/17/2006 Discuss HALO maps with John Sepnoski 1.75 $87.01 $ 49.72 3/8/2006 TDR Work Group meeting 3.00 $149.16 $ 49.72 3/14/2006 Discuss TDR Plan with Town Board W.S. 2.00 $9944 $ 49.72 3/21/2006 TDR Work Group 2.00 $99.44 $ 49.72 3/27/2006 Discuss HALO/TDR with J.S., MS. A.T. 1.75 $87.01 $ 49.72 3/28/2006 Discuss TDR with Town Board W.S. 2.75 $136.73 $ 49.72 11/17/2006 Joint Riverhead/Southold TDR Workshop 1.50 $74.58 $ 49.72 Met with Planning Board to discuss TDR 11/21/2006 methods and model. 2.00 $99.44 $ 49.72 11/28/2006 Met with SCDOH to discuss transfer rates 1.50 $74.58 $ 49.72 1/1/2007 Met with Consultant 1.25 $62.30 $ 49.84 1/24/2007 HALO Boundary Edits 1.7~ $87.22 1/26/2007 TDR Work Group meeting 2.25 $112.14 Discuss TDR with Planning and Zoning 4/7/2007 Comm 2.25 $112.14 4/8/2007 TDR Work Group meeting 2.00 $99.68 4/11/2007 TDR Work Group meet ng 2.00 $99.68 4/18/2007 Prepare for stakeholder meeting 5.00 $249.20 4/18/2007 Stakeholder meeting 3.00 $149.52 4/26/2007 Stakeholder meeting 3.00 $149.52 4/26/2007 Stakeholder meeting 2.00 $99.68 5/9/2007 ITDR Work Group meeting 2.00 $99.68 5/23/2007 TDR work group meeting 2.00 $99.68 5/24/2007 TDR Planning and zoning meeting 1.50 $74.78 5/30/2007 Discuss HALO model with J.S. 1.50 $74.76 2/24/2007 Review DGEIS 5.00 $249.20 3/14/2007 TDR work group to review DGEIS 2.00 $99.68 6/1/2007 Discuss HALO maps and models with J.S. 2.25 $112.14 6/6/2007 Discuss HALO maps with J.S. 1.75 $87.22 6/8/2007 HALO meeting with J.S. 2.00 $99.68 6/14/2007 ITDR Work Group meeting 2.00 $99.68 6/15/2007 HALO modeling meeting with M.S./J.S. 2.25 $112.14 6/16/2007 Discuss HALO modeling with J.S. 1.75 $87.22 6/19/2007 Review HALO method draft 1.00 ! $49.84 6/21/2007 Update Planning and Zoning on TDR 2.00: $99.68 6/21/2007 Halo model meeting with J.S 1.25 $62.30 6/26/2007 Met with Bill and Tom Town Board members 2.00 $99.68 6/27/2007 TDR Work Group meeting 2.50 $124.60 7/3/2007 TDR Work Group meeting 2.00 $99.68 Met with Scott, Al and Dan Town Board 7/6/2007 members 2.00 $99.68 7/12/2007 Review TDR program at Town Board WS 2.00 $99.68 7/12/2007 TDR Work Group meeting 2.00 $99.68 4/8/2008 TDR Work Group meeting 2.00 $111.90 4/9/2008 TDR Work Group meeting 4.00 $223.80 4/26/2008 TDR Work Group meeting 2.00 $111.90 Meeting with Town Board AND Public on 5/14/2008 DGEIS 4.00 $223.80 7/23/2008 ITDR Work Group meeting 3.00 $167.85 8/8/2008 Discuss TDR/HALO with Town Board W.S. 2.00 $111.90 8/14/2008 Discuss HALO areas with J.S. 1.00 $55.95 8/16/2008 HALO work group meeting 2.00 $111.90 B/16/2008 P&Z HALO method meeting 1,50 $83.93 9/7/2008 Town Board hamlet meeting 1.00 $55.95 10/10/2008 Discuss HALO model with J.S. 1.00 $55.95 10/12/2008 TDR work group 1.75 $97.91 10/23/2008 Finalize Greenport HALO map 2.00 $111.90 1.50 $83.93 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 49.84 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 55.95 QUALITY COMMUNITIES GRANT 2005- 2006 (QCEPF0064) DEVELOPMENT AND IMPLEMENTION OF TRANSFER OF DEVELOPMENT RIGHTS NAME John Sepenoski Meeting Record Date - Hours Agenda and Topic (Staple Agenda (s) to Form) 2/3/06 2 TDR workgroup meeting 2/6/06 1 Discuss TDR with Mark Terry 2/6/06 1.5 Planning & Zoning meeting 2/7/06 0.75 Generate HALO & target acreages for TDR 2/8/06 0.75 Generate HALO statistics 2/13/06 0.75 Discuss HALO/TDR numbers with Melissa Spiro 2/15/06 2.0 TDR workgroup meeting 2/16/06 1.0 HALO mapping 2/16/06 1.25 Work on HALO/TDR statistics with M¢lissa Spiro 2/17/06 1.75 Discuss HALOs with Mark Terry, work on Mattituck HALO map 2/21/06 0.5 HALO mapping 2/23/06 0.75 Generate HALO build out numbers 2/27/06 1.0 Work on HALO maps 2/28/06 1.5 Generate HALO statistics, prim HALO maps 3/3/06 1.5 Discuss TDR statistics with M¢lissa Spiro, generate TDR statistics a~ 76/06 0.25 Discuss TDR build out with Bill Edwards 3/7/06 0.75 Generate TDR statistics 3/8/06 2.0 Work on HALO/TDR methodology 3/9/06 3.25 Work on HALO/TDR analysis 3/9/06 1.0 Discuss TDR build out with Melissa Spiro & Anthony Trezza 3/13/06 1.0 Work on HALO/TDR methodology 3/14/06 1.5 Work on HALO/TDR methodology & statistics 3/14/06 2.0 Town Board work session 3/22/06 7.0 Work on HALO/TDR build out 3/24/06 0.25 Print parcel listing for HALO/TDR analysis 3/27/06 2.5 Work on HALO/TDR analysis 3/27/06 1.75 Discuss HALO/TDR with Melissa Spiro, Anthony Trezza & Mark Terry 3/28/06 2.75 Work on HALO/TDR analysis 3/28/06 2.0 Town Board work session 4/7/06 2.25 Planning & Zoning meeting 4/10/06 0.5 Work on HALO/TDR analysis 4/17/06 0.75 Work on HALO/TDR analysis 4/18/06 1.5 Prepare for stakeholder meeting 4/18/06 2.75 Stakeholders meeting 4/26/06 2..25 Stakeholders meeting 4/26/06 2.0 Stakeholders meeting i~ q/23/06 1.25 Review proposed TDR legislation for meeting .d24/06 1.5 Planning & Zoning meeting re TDR program e5/26/06 1.0 Discuss TDR program with Melissa Spiro ~/30/06 1.5 Discuss HALO modeling methodology with Mark Terry, generate HALO statistics for Sonthold 5/31/06 0.25 Generate Southold HALO statistics for Mark Terry 6/1/06 2.25 Discuss HALO maps & modeling with Mark Terry, generate HALO statistics 6/2/06 0.25 Generate Southold HALO statistics 6/6/06 1.75 Discuss HALO mapping with Mark Terry, create HALO density map 6/7/06 0.25 Update HALO density map 6/8/06 0.75 Update HALO density map, work on Southold HALO modeling 6/8/06 2.0 HALO meeting 6/9/06 0.25 Work on Southold HALO modeling 6/12/06 1.0 Update HALO modeling 6/15/06 2.25 HALO modeling ~roup meeting with Mark Terry, Melissa Spiro & Leslie Weisman 6/16/06 1.75 Review HALO modeling, discuss HALO modeling with Mark Terry 6/19/06 1.0 Review Leslie Weisman's HALO write up, discuss HALO modeling with Melissa Spiro 6/20/06 0.75 Review Leslie Weisman's HALO write up 6/21/06 2 Planning & Zoning meeting 6/21/06 1.25 HALO modeling group meeting 6/30/06 3.5 Update Southold HALO map, create charts for meeting 7/5/06 2 HALO modeling group meeting 7/6/06 0.5 Update Southold HALO modeling map ~t '/19/06 0.5 Review Leslie Weisman's draft HALO document 7/27/06 2.0 Planning & Zoning meeting 8/8/06 2.0 Town Board work session 8/8/06 ' 2.75 HALO modeling Mattituck & Orient 8/9/06 2.25 HALO modeling 8/14/06 1.0 Discuss HALO modeling with Mark Terry 8/16/06 1.0 HALO modeling group meeting 8/16/06 1.5 Planning & Zoning meeting re HALO modeling for Mattituck & New Suffolk 8/21/06 1.0 Update Mattituck HALO modeling 8/22/06 1.25 Work on HALO modeling 8/23/06 1.75 HALO modeling group meeting 8/23/06 1.75 Update Southold HALO modeling 8/24/06 1.0 HALO modeling 8/28/06 0.5 Update Orient HALO modeling 8/30/06 1.5 Update HALO modeling for Cutchogue & East Marion 8/30/06 2.25 Planning & Zoning meeting re Cutchogue & East Marion HALOs 8/31/06 3.0 Update Peconic & Greenport HALO modeling 9/7/06 1.0 Town Board hamlet meeting 10/10/06 1.0 Discuss HALO modeling with Mark Terry & Leslie Weisman I0/11/06 1.0 Update HALO modeling 10/12/06 1.75 TDR workgroup meeting j10/31/06 1.25 Print HALO maps for Planning Board · 1/2/06 1.5 PDD/TDR work group meeting 1/8/06 2 Individual PDR/TDR meeting 1/9/06 1.5 Work on HALO maps, individual PDR numbers 1/17/061.5 TDR/PDR work group meeting 1/20/062 Planning Board work session - discuss HALO boundaries 1/28/061 SCDHS meeting re TDR 1/29/061 Discuss HALO boundaries with Mark Terry 13o.5 ~ '-I~,'~il ~52~ I, o~5 Travel/Mileage Record Date Mileage Destination Supplies D~te Item Itemized Cost Total Cost Town of Southold Employee Time Record for Grants Employee Name: John Sepenoski Employee Title: Technical Coordinator Grant Contract Number: C059933 Grant Title/Development and Implementation of Town of Description: Southold TDR Program Budget Amount: ~21600 Date Description of work accomplished Hours 12/12/2006 RiD/Partial TDR group meeting 1.5 1/12/2007 TDR meeting 2.5 1/17/2007 TDR workgroup meeting 2 1/24/2007 TDR workgroup meeting 2 1/26/2007 HALO meeting 1.5 1/26/2007 TDR meeting 1.75 · ~. 1/30/2007 Work on HALO maps ? q · 2/2/2007 TDR meeting 2 2/15/2007 HALO modeling 2 211612007 TDR meeting 2.5 2/28/2007 TDR statistics 0.5 3/9/2007 TDR meeting 2.25 3/15/2007 TDR statistics 2 311912007 TDR meeting 1.75 312112007 TDR meeting 2.5 3/23/2007 TDR sending area statistics 1 3/27/2007 Town Board work session 1 4/4/2007 TDR meeting 2 4/12/2007 TDR SEQRA meeting 2.75 4/19/2007 HALO meeting 2 4/27/2007 iTDR SEQRA meeting 1.75 5/9/2007 TDR SEQRA meeting 2 5/14/2007 Review TDR report 1 5/15/2007 Review TDR report 2 5/30/2007 TDR SEQRA meeting 5/30/2007 TDR statistics 1 ..~ 6/13/2007 HALO TDR mapping & statistics 6/14/2007 TDR SEQRA meeting 6/19/2007 Work on HALO TDR methodology 6/20/2007 HALO TDR statistics and maps 5.." 6/21/2007 HALO TDR statistics and maps 1 .- 6/25/2007 Discuss TDR SEQRA report with Mark Terry 1 ~ P 6/26/2007 Review NPV TDR report, prep meetin~l for Town 1 Total Hourly Rate Hourly Rate $ 62.79 $ 41.85 $ 108.57 $ 43.43 $ 86.85 $ 43.43 $ 86.85 $ 43.43 $ 65.14 $ 43.43 $ 76.00 $ 43.43 $ 86.85 $ 43.43 $ 86.85 $ 43.43 $ 86.85 $ 43.43 $ 108.57 $ 43.43 $ 21.71 $ 43.43 $ 97.71 $ 43.43 $ 86.85 $ 43.43 $ 76.00 $ 43.43 $ 108.57 $ 43.43 $ 43.43 $ 43.43 $ 43.43 $ 43.43 $ 86.85 $ 43.43 $ 119.42 $ 43.43 $ 86.85 $ 43.43 $ 76.00 $ 43.43 $ 86.85 $ 43.43 $ 43.43 $ 43.43 $ 86.85 $ 43.43 $ 86.85 $ 43.43 $ 65.14 $ 43.43 $ 173.71 $ 43.43 $ 86.85 $ 43.43 $ 21.71 $ 43.43 $ 238.85 $ 43.43 $ 65.14 $ 43.43 $ 65.14 $ 43.43 $ 65.14 $ 43.43 6/26/2007 TDR meeting with Town Board 2 6~29~2007 Green ort HALO meetin , u date statistics 2 7/3/2007 TDR SEQRA meetin~l with Dan Ross & Louisa 1 7/9/2007 Discuss Supervisor's concerns with TDR report 1 7/10/2007 Discuss Supervisor's concerns with TDR report 1 7/11/2007 Meeting with Supervisor 7/11/2007 Update TDR sending list and map 7/12/2007 Town Board special meeting] re TDR 7/17/2007 Work on Greenport HALO map 0.7.~ 8/13/2007 Greenport Stakeholders meeting 8~27~2007 Print HALO maps and statistics 3/27/2008 Send updated TDR numbers to NPV 4/1/2008 Work on TDR methodology 0.7.~ 41912008 TDR DGEIS meetings with Town Board 4/11/2008 TDR Group meeting ,- 4/14/2008 Review TDR report 2 412212008 Town Board work session re TDR report 1 51612008 Update TDR sending list and map 2 712312008 1'DR meeting 2 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 86.85 86.85 65.14 43.43 65.14 43.43 43.43 86.85 32.57 21.71 43.43 45.06 33.79 135.17 90.11 90.11 45.06 90.11 90.11 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 43.43 43.43 43.43 43.43 43.43 43.43 43.43 43.43 43.43 43.43 43.43 45.06 45.06 45.06 45.06 45.06 45.06 45.06 45.06 Date 8/3/05 8/9/05 8/17/05 8/24/05 9/16/05 9/26/05 9/28105 10/20/05 PATRICIA FINNEGAN'S TDR TIME Meeting Detail TDR Meeting w/Melissa, Mark & Anthony TDR Meeting w/Melissa TDR Meeting w/Mark & John Sepenoski Attend Code Committee Meeting re: TDR TDR Meeting w/Melissa, Mark & Anthony TDR/HALO Meeting w/Dan Ross & Melissa Attend Code Committee Meeting re: TDR TDR Meeting at SCDHS wNito Minei Total 2005 Hours: Hours 2.00 1.00 2.00 _ 2.00 '~ 2.50 -'~'~'~' 1.50 2.00 2.50 15.50 2/3/06 2/15/06 5/24/06 6/21/06 10/12/06 11/2/06 11/17/06 11/28/06 TDR Work Group Meeting TDR Work Group Meeting Attend Planning & Zoning Committee Meeting re: TDR Attend Planning & Zoning Committee Meeting re: TDR TDR Work Group Meeting TDR-PDD Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting wNito Minei from SCDHS Total 2006 Hours: 3.00 2.00 1.50 1.50 2.00 1.00 1.00 1.50 13.60 1/12/07 1/17/07 1/26/07 3/9/07 3/19/07 3/21/07 3/26/07 4/4/07 5/9/07 5/18/07 5/30/07 6/14/07 6/26/07 6/26/07 TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR-PDD Meeting w/Mark TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Group Meeting TDR Work Session w/Tom Wickham and Bill Edwards 1.50 2.00 2.50 2.00 2.00 2.00 2.00 2.50 2.50 2.50 2.00 2.00 2.50 2.00 Date 6/26/07 7/3/07 7/12/07 Meeting Detail TDR Work Session w/Scott, Dan Ross & Al Krupski TDR Work Group Meeting TDR Special Town Board Work Session Total 2007 Hours: 3/14/08 4/9/08 4/9/08 4/8/08 4/26/08 5/6/08 5/27/08 7/23/08 TDR Work Group Meeting TDR Meeting w/Bill Edwards & Louisa Evans TDR Meeting w/Scott, Vincent Orlando & Al Krupski TDR Work Group Meeting TDR Work Group Meeting Attend Town Board Public Information Session on review of DGEIS re: TDR Attend Town Board Public Hearing on DGEIS re: TDR TDR Work Group Meeting Total 2008 Hours: TOTAL HOURS 2005-2008: 80.5 Hours 1.00 1.50 2.00 34,50 2.00 2.00 2.00 2.00 2.00 2.00 3.00 2.00 17.00 CONTRACT #C059933 Products and Supporting Documents Prepared By: Town of Southold Planning Department Mark Terry, Principal Planner 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 CONTRACT #C059933 Products and Supporting Documents Prepared By: Town of Southold Planning Department Mark Terry, Principal Planner 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 DOCUMENTATION FORMS Quality Communities Grant Program CONTRACT # C059943 Expenditures Incurred During the Period 4 / 1 /05 through 8 /31 /08 SUMMARY SHEET I. BUDGET/EXPENDITURE DATA ( Total Project Costs, Appendix B, Budget Summary in the Contract) Cumulative Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) A. Salaries, Wages and Fringe _$19,100.00__ __$19,100.00 $19,100.00_ B. Travel 0 0 0 C. Supplies and Materials Equipment E. Contractual Services _$55,900.00__ __33,268.66__ __$33,268.66_ __$22,631.34__ TOTAL $75.000.00 $52.368.66 $52.368.66 $22.631.34 II. CLAIM TYPE X Interim Claim Final Claim III. CERTIFICATION By signature on the attached voucher, I further certify that: 1) the amounts claimed accurately represent the expenses as recorded in our accounting records; 2) we are in compliance with all applicable provisions of the above-referenced Contract; 3) the attached narrative report (if required) accurately represents project accomplishments; funds received are being used solely for the purposes of the "Project" as described in Appendix D of the above-referenced Contract. FORM 1 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISHMENTS FOR THIS CLAIM ONLY; INCLUDE COSTS AND DATES THAT GOODS WERE RECEIVED AND SERVICES WERE COMPLETED 12/19/06 Task I - Project start up and preparation of Full EAF Parts I and II 12/19/06 Task II - Project classification and issuance of determination ofsig. 12/19/06 Task IV - Preparation of Draft DGEIS 12/19/06 Supplies 3/07- 6/07 All tasks see NP&V Proposal (Attached) To 5/07/08 Task V - Revise DGEIS 5/7/08 Video Recording of Town Board meeting TDR 5/27/08 Task VII - Dept./staff/town board meet. DGEIS public heating To 5/01/08 Task VIII - Report reprod. 13 copies etc... 5/7/08 Supplies TOTAL $1250.00 $25O.OO $7,500.00 $321.50 $16,900.00 $1,875.00 $308.00 $2,100.00 $2,750.00 $14.16 $33,268.66 SEE ATTACHED BILLING HISTORY FORM 2 - Expenditure Detail for this Payment Request. Be descriptive and specific. A. SALARIES~ WAGES AND FRINGE BENEFITS REQUEST TITLE 1. Patricia Finnegan, Town Attorney_ 2. Mark Terry, Principal Planner 3. Anthony Trezza, Senior Planner 4. Melissa Spiro, Land Preservation Cord 5. John Sepenoski, Technical Cord. 6. PAY PERIODS FROM - TO 8/3/05 - 7/23/08 7/29/08 - 11/2/08 7/29/08 - 11/2/08 12/12/06 - 7/23/08 AMOUNT CHARGED TO THIS PROJECT $ 5338.82 $ 6959.49 $ $ 2687.98 $ 4 113.71__ $ SUBTOTAL $__.19,100.00 B. TRAVEL (include name of traveler, date, destination and purpose and costs) FORM 3 C. SUPPLIES/MATERIALS (describe and include dates received and costs) SUBTOTAL $ 0 D. EQUIPMENT (describe and include dates received and costs) SUBTOTAL $ 0 FORM 4 E. CONTRACTUAL SERVICES (include name of any contractors/consultants, describe services, dates received, and costs) Contractor: Nelson Pope and Voorhis LLC (See Attached Billing Statements) SUBTOTAL $ .33,268.66 TOTAL OF ALL CATEGORIES ............................................. $ (SAME AS TOTAL SUMMARY SHEET COLUMN #2) $52,368.66 AC 92 (.er. ~ ~TAN DAI~D VOUCHER Originating Agency Orig. Agency Code DEPARTMENT OF STATE 19000 Payment Date (MM) (DD) (YY) OSC Use Only ,,~ 4 PayeeName(Limitto3Ospaces) Interest Eligible (Y/N) ~ P-Contract Liability Date (MM) (DD) (YY) Payee Amount MIR Date (MM) (DD) (YY) ] IRS Code IRS Amount Payee Name (Limit to 30 spaces) Stet. 1~pe Statistic Indlcator-Dept. Indlcator-Stetewide Address (Limit to 30 spaces) Ret/Inv. No. (Limit to 20 spaces) Address (Limit to 30 City (Limit to 20 spaces) (Limit to 2 Spaces) Zip Code Ret/Inv. Date (MM) (DD) (YY) Claiming reimbursement of expenditures incurred pursuant to Quality Communities Contract # (_ O S °l ~1 ~-~ as detailed on the attached Documentation Forms. A. Total Summary Sheet Column #2 B. Less Local Share- circle 10%oK~ C. Total This Claim '~'7 Payee Certification: [ certify that the above bill is just. true and correct; that no part thereof has been paid except as stated and that the balance is actually due and owing, and that taxes from which the State is exempt are excluded~ Payee's Signature in Ink ~- Title Total Discount % Net FOR AGENCY USE ONLY Authorized Signature Date Title STATE COMPTROLLER'S PRE-AUDIT Venfied Cer[ifisd for Payment of Net Amount By Expenditure Liquidation Cost Center Code Dept. I Cost Center I Unit Accum Dept. O~ject Orig. Agency PO/Contract Line F/P DOCUMENTATION FORMS Quality Communities Grant Program CONTRACT # C059943 Expenditures Incurred During the Period 4 / 1 /05 through 8 /31 /08 SUMMARY SHEET I. BUDGET/EXPENDITURE DATA ( Total Project Costs, Appendix B, Budget Summary in the Contract) Cumulative A. Salaries, Wages and Fringe Current Expenditures Expenditures Available Budget Documented Documented Balance to Amount this Report to Date Document (1) (2) (3) (1-3) _$19,100.00__ __$19,100.00 $19,100.00_ 0 B. Travel 0 0 0 C. Supplies and Materials D. Equipment E. Contractual Services _$55,900.00__ __33,268.66__ __$33,268.66_ __$22,631.34__ TOTAL $75.000.00 $52.368.66 $52.368.66 $22.631.34 II. CLAIM TYPE X Interim Claim Final Claim IlL CERTIFICATION By signature on the attached voucher, I further certify that: 1) the amounts claimed accurately represent the expenses as recorded in our accounting records; 2) we are in compliance with all applicable provisions of the above-referenced Contract; 3) the attached narrative report (if required) accurately represents project accomplishments; 4) funds received are being used solely for the purposes of the "Project" as described in Appendix D of the above-referenced Contract. FORM 1 PROJECT NARRATIVE DETAILING PROJECT ACCOMPLISHMENTS FOR THIS CLAIM ONLY; INCLUDE COSTS AND DATES THAT GOODS WERE RECEIVED AND SERVICES WERE COMPLETED 12/19/06 Task I - Project start up and preparation of Full EAF Parts I and II 12/19/06 Task II - Project classification and issuance of determination ofsig. 12/19/06 Task IV - Preparation of Draft DGEIS 12/19/06 Supplies 3/07- 6/07 All tasks see NP&V Proposal (Attached) To 5/07/08 Task V - Revise DGEIS 5/7/08 Video Recording of Town Board meeting TDR 5/27/08 Task VII - Dept./staff/town board meet. DGEIS public hearing To 5/01/08 Task VIII - Report reprod. 13 copies etc... 5/7/08 Supplies TOTAL $1250.00 $250.00 $7,500.00 $321.50 $16,900.00 $1,875.00 $308.00 $2,100.00 $2,750.00 $14.16 $33,268.66 SEE ATTACHED BILLING HISTORY FORM 2 - Expenditure Detail for this Payment Request. Be descriptive and specific. A. SALARIES, WAGES AND FRINGE BENEFITS REQUEST TITLE 1. Patricia Finnegan, Town Attorney 2. Mark Terry, Principal Planner 3. Anthony Trezza, Senior Planner 4. Melissa Spiro, Land Preservation Cord __ 5. John Sepenoski, Technical Cord. 6. PAY PERIODS FROM - TO 8/3/05 - 7/23/08 7/29/08 - 11/2/08 7/29/08 - 11/2/08 12/12/06 - 7/23/08 AMOUNT CHARGED TO THIS PROJECT $ 5338.82 $ 6959.49 $ $ 2687.98 $ 4,113.71__ $ SUBTOTAL $__.19,100.00 B. TRAVEL (include name of traveler, date, destination and purpose and costs) FORM 3 C. SUPPLIES/MATERIALS (describe and include dates received and costs) SUBTOTAL $ 0 D. EQUIPMENT (describe and include dates received and costs) SUBTOTAL $ 0 FORM 4 E. CONTRACTUAL SERVICES (include name of any contractors/consultants, describe services, dates received, and costs) Contractor: Nelson Pope and Voorhis LLC (See Attached Billing Statements) SUBTOTAL $ 33,268.66 TOTAL OF ALL CATEGORIES ............................................. $ (SAME AS TOTAL SUMMARY SHEET COLUMN #2) __$52,368.66 'roject Status Form Project Status Form RECIPIENT PROJECT TITLE Town of Southold CONTRACT # CO59943 Development and Implementation of Transfer of Development Rights Program Status Report Date: August 21, 2008 (Updated November 17, 2008) Task Date of Percent of # A/T Completion Completion 1 6/07 100 2 6/08 100 Task Description./Task Accomplishments Creation of TDR Work Group TDR Work Group was established. The group continues to meet. Program Foundation Product Submitted to DOS Note: That the DGEIS includes all the products identified within Task 2. Town of Southold Transfer of Development Rights Program Report to Town Board (June 25, 2007 Revised March 26, 2008 ii. April 11, 2007 (Draft) iii. May 8, 2007 (Draft) iv. May 12, 2007 (Draft) v. May 18, 2007 (Draft) vi. May 26, 2007 (Draft) vii. June 13, 2008 (Draft) viii. June 25, 2008 (FINAL DRAFT) ix. March 26, 2008 2. Report on the Delineation and modeling of Sending Areas (Included in Product 1, Section 4.1) 3. Report on the Delineation Modeling and Design on Receiving Areaq~t'(Included in Product 1, Appendix G, Section 4.2). 1.21.08 Status Report.doc 3 0 4 4a 100 Draft Local Law State Environmental Quality Review Act Completion of Full EAF Forms 1 & 2 Report on the value and Allocation~l~Fransfer of Development Rights (Included in Product 1 ) Analysis and Implications of a Transfer of Development Rights Program on Current Town Preservation Plans and Current Town Zoning (Included in Product 1, Section 4.0) None: This product will be sent upon completion of the SEQR process and linked to the Findings of the process. Complete EAF Forms I & II included as Appendix C, DGEIS. 4b 100 4c 100 Project Classification and SEQRA Issuance of Significance SEQR Scoping Process Positive Declaration included as Appendix D, DGEIS Draft and Final Scope 4d 100 Preparation of DGEIS DGEIS "Town of Southold Transfer of Development Rights Program Report as a Supplement to the GEIS for Southold Comprehensive Implementation Strategy" April 2008 4e 65 Processing of DGEIS and Final None Supplement EIS 4f 0 Preparation of Findings Statement None ~DJUSTMENTS - Please indicate proposed adjustment(s) to work program/schedule, reason(s) for the proposed adjustment(s), and any other problems ncountered during, this reoortin~ oeriod: ~.21.08 Status Report.doc Person to cont~fwe have questions about the information provided on this form: Name: Mark Terry Email Address: mark.terry~southold.town.ny.us Title: Principal Planner Affiliation: Town of Southold Phone: 631-765-1938 Fax: 631-765-3136 1.21.08 Status Report.doc Guidelines for completing the Proiect Status Form lease fill out all items in the top section - Recipient, Contract #, Project Title, and Status Report Date. In the next section, list each task from the work plan of the ,grecment and provide corresponding information for each. ~.21.08 Status Report.doc Task # and Brief Task Description should agree with the tasks listed in the work plan of the Agreement. AFl' should indicate if Date of Completion is the Actual completion date or the current Target Date for completion of the task. Percent of Completion is the percentage that the task is complete as of the Status Report Date. Task Accomplishments should be brief, but describe specific accomplishments for each task. Product Submitted should be "Draft" if the draft product has been submitted to DOS (or is being submitted with this report), "Final" if the final product has been submitted to DOS (or is being submitted with this report), "None" if product has not yet been submitted, or "N/A" if not applicable. Alternatively, the specific product(s) submitted may be listed. Important things to consider when filling out this section of the Status Report Form: Tasks should match those in the work plan of the Agreement with DOS (not a subcontractor agreement). All tasks (including subtasks) in the work plan of the Agreement must be listed on each report submitted. All columns must be completed for every task. A task cannot be considered 100% complete until the required product is submitted to and approved by DOS. Task accomplishments should be as specific as possible (but brief). Status reports submitted with generic accomplishment entries will take longer to review by DOS and may not be accepted. Here are some tips on how accomplishment entries can be improved: Generic accomplishment entry: Specific accomplishment entry: Advisory committee established. 8 person advisory committee was established and has met (6) times to date. RFP issued. RFP was released through local papers and NYS Contract Reporter. Consultant Selected. 5 responses were received and ABC Construction Company, Inc. was selected. Certification of procurement procedures have been provided to DOS. Final designs. Final Design & Construction Drawings (incorporating DOS comments of 11/5/05) were approved by DOS. Permits. Permit applications have been submitted to DEC and COE, copies are included with this report. In the ADJUSTMENTS section - Indicate proposed adjustments to the budget, work program, or project schedule, and the reason why the adjustment is necessary. If any problems have been encountered during this reporting period, they should also be indicated here. Keep in mind that the information listed in this section should refer to this reporting period only. If an extension is requested on this form, the reasons provided should be detailed and specific. For example, requesting an extension to "complete the project" or "allow time to finish remaining tasks" is not acceptable. The information provided in this section should indicate specific reasons that tasks were delayed and/or problems were experienced. On the bottom of the sheet, please provide the Name, Affiliation, Email Address, Phone Number, and Fax Number of the person to contact if we have questions on the information provided on this form. If you submit this form by fax or cmail, there is no need to forward the original by mail. We only need to receive one copy of the report. If you have any questions, please contact Laurissa Parent at (518) 474-5559 or your DOS project manager at (518) 474-6000. APPENDIX X0 Agreement Modification Form Agency Code 19000 Contract Period 4/1/05 - 3/31/09 Contract Number C059943 Funding for Period $ 60,000 This is an AGREEMENT between THE STATE OF NEW YORK, acting by and through the New York State Department of State, having its principal office in Albany, New York (hereinafter referred to as the STATE), and the Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C059943, as amended above. All other provisions of said AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their signatures. Scott A. Russell STATE AGENCY SIGNATURE By: (print name) (print name) Title: Southold Town Supervisor Title: Date: 9[17/08 Date: State Agency Certification: "In addition to the acceptance of this Contract, I also certify that original copies of this signature page will be attached to all other exact copies of this Contract." STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: On this 17thday of September Scott A. Russell Supervisor of , in the year 20 08, before me personally appeared ., to me known and known to me to be the Town of Southold ,the unincorporated association described in and which executed the a~fove agreement; and who acknowledge to me that (s)he executed the foregoing agreement for and in behalf of said unincox~orated association. v - (_~TARY PUBLIC Thomas P. DiNapoli State Comptroller: MELANIE DOROSKI NOTARY PUBLIC, State of New Ym'k No. 01D04634870 Oualified in Suffolk County Commission F.~ires ~eptembw ~0. By: Date: Appendix Al, Attachment 4 Certification of Grantee to New York State Department of State that all State and Local and Private Procurement Requirements Have Been Met. (Complete the certification in the paragraph that applies and strike out that which is not applicable) · I he~reby certify that the (County) (City) (2To3~a~ (Village) (Other ) of , awarded the contract appended hereto pursuant in whole or in part to NYS Department of State Contract No.~ accordance with all requirements of law and Article 5A of the General Municipal Law, as follows: (place check mark where applicable) Contract for professional services, public works contracts involving not more than $20,000 or purchase contracts involving not more than $10,000, procured according to the policies and procedures of the municipality adopted pursuant to General Municipal Law{} 104-b. Contract for public works contracts involving more than $20,000 or purchase contracts involving more than $10,000, procured pursuant to the bidding requirements of General Municipal Law§ 103. Print name / Title Date