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