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HomeMy WebLinkAboutSmall Parcel Preservation PolicyRESOLUTION 2008-781 ADOPTED DOC ID: 4164 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-781 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12, 2008: RESOLVED that the Town Board of the Town of Southold hereby adopts the following "Small Parcel Preservation Policy" as a guiding document for use by the Land Preservation Committee in their review of proposed acquisitions. Town of Southold Small Parcel Preservation Policy: Intent: Typically Southold's program focuses on large sub-dividable parcels; but, preservation of certain small parcels may have significant environmental benefit or aesthetic value and may even define a neighborhood. Such small parcels are worthy of preservation and should be pursued when it appears that criteria in this policy can be met. · A small parcel is defined as generally less than about 40,000 square feet total, but may be more if non-subdividable or has a large portion of unbuildable area. · Preservation of small lots shall be guided by the special guidance that follows as well as the Town's general policy for land preservation Criteria, in addition to agreeable cost and general land preservation criteria: The Town will consider small lots offered for preservation if: a) Acquisition creates public access to navigable water or the littoral zone, or -- b) Significant environmental, scenic, aesthetic, historic or public health benefit to the townspeople is demonstrated. Such benefit to be demonstrated by the Town's natural resources professional, the Town Historian or Town Engineer (drainage) as applicable, or an equivalent outsourced capability. 3. When Town preservation is indicated: Preservation may be by purchase of development rights (conservation or other type of easement) or by outright purchase (fee simple or bargain sale). Gifts may be by either mode. a) Purchase of Development Rights: In the case of purchase of development rights, a clear severance of all development rights on the entire parcel is preferred in the interest of simplicity and minimization of Town costs. At minimum, the Town is to receive an casement stating that no residential structure or accessory structure, or structure accessory to contiguous land, will be placed upon the parcel; except on the upland portion where a minimal dock approach, without utilities, up to 200 square Resolution 2008-781 Board Meeting of August 12, 2008 feet in size may be placed. Any dock or structure of course, must have the necessary regulatory permits. The rights and obligations of the grantee and the grantor shall be clearly and completely stated in the easement agreement. Any easement must include description of the private uses retained by the easement grantor and the price paid shall not exceed the public value of the purchase after the retained uses are considered. Development rights not so specified as retained are parts of the rights purchased. b) Outright Purchase: All interests in the parcel become the property and responsibility of the town by fee simple transfer. c) Local Preservation: A third method of small lot preservation may be by "local preservation" - that is, where title to any interest in the parcel would be held by local area or contiguous residents and the Town's role is limited to assistance with procedural advice and professional services. Services such as planning, a survey, planning consultation, flagging, law interpretation, research, mediation and communication services, as well as limited grants, may be Town provided. Such services may to be provided at the request of the landowner and the interested local parties given a positive recommendation by the LPD/LPC and subsequent Town Board approval. The quidpro quo for the Town's expenditure of public funds would be a perpetual easement to the Town describing the extinguishment of residential development rights. d) Coordination: The preservation shall be coordinated by, or under the direction of, the Land Preservation Coordinator to assure application of the special guidance. c) Tax Deduction: If the seller intends to claim a non-cash-contribution tax deduction resulting from a bargain-sale or gift, the Town will complete an IRS form 8283 for the donor. But, per IRS instruction, such acknowledgement does not represent agreement with any claimed fair market value. It does acknowledge that the property has been received and, if the Town sells the property within three years, the Town will file an IRS form 8282 and accordingly notify the donor. The Town, holding itself to a higher standard, will not sign a blatantly fraudulent 8283 form. Environmental Distress: If the land has been, or apparently will be, compromised, an environmental restoration/protection plan shall be made that identifies tasks, schedule and responsibility. In the case of purchase of development rights, the plan shall be made part of the easement. Public/private/trust partnerships may be employed. In the case of a fee simple acquisition, resulting responsibilities for the Town as well as funding and expected funding sources shall be identified. Updated: 10/15/2008 11:33 AM by Bonnie Doroski Page 2 Resolution 2008-781 Board Meeting of August 12, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell Updated: 10/15/2008 11:33 AM by Bonnie Doroski Page 3