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HomeMy WebLinkAboutLL 2012 #11ANDREW M. CUOMO GOVERNOR STATE OF N~W YORK DEPARTMENT OF STATE ONE COMME~CE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 CESAR A, PERALES SECRETARY OF STATE October 16, 2012 Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEI~EO SouthoJdTownClerk RE: Town of Southold, Local Law 11 2012, filed on October 15, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 W~,~N.DOS. NY.GOV E-MAIL: INFO~DOS.NY.GOV Customer Copy E II.il II IIII II II III II III II EM 39073~749 U~ UNITEDST~TESPOST~LSERVICE® PostO?7?,.~,~.~k.~o~e 11271 ~..~, o,~ o .....,rs ' P~ -~ M' [~lit"~ Total Postage & Fees at Rate ~ or Wei~ ~ ~nd my ~ 3rd my . __,nt'l~phaCount~Code cep .ceEmp. mnitiams FROM: ~ .~.~ F~or~ 1 ) 765-1~00 TONN OF SOUTHGI,~ PO BOX 1179 5!¥ :ATT: ]'OVfl~ C[_~iG,?s OFFICE Albany, NY 12231 L. J g [inda Lasch Principal Clerk State ~:.~ecords & Law Bureau One Co~nmerce Plaza 99 Wasi~Jr%gton Avenu~ SOUTHOLD MPO SOUTHOLD, New York 119711000 3548330971-0098 10/03/2012 (800)275-8777 12:33:16 PM -- Sales Receipt Product Sale Unit Final Description Qty Price Price ALSANY NY 12231 $18.95 Zoqe-2 Express Mail PO-Add Flat Rate Env 3,90 oz. Label ~:EM390736749US Tqu I0/04/12 12:00PM - Expected Delivery. 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Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 3, 2012 Express Mail RE: EM390736749US Local Law No. 11 of 2012 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 11 of 2012 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANYI NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include ma~er being eliminated and do not usc italics or underlining to indicate new matter. [] County [] City [] Town of SOUTHOLD [] Village Local Law No. 11 of thc year 2012. A Local Law entitled, A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits Be it enacted the Town Board of the: [] County [] City [] Town of SOUTHOLD [] Village I. Chapter 117 of thc Code of the Town of Southold is hereby amended as follows: §117-1. Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits' §117-2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of thc rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of thc 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, if certain conditions are present, 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 sanitary flow credits shall not occur in the Town of Southold. § 117-3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF SANITARY FLOW CREDITS - The process by which sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-4. Applicability and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-5. Sanitary Flow Credit Bank. The Town hereby establishes a Sanitary Flow Credit Bank (SFC Bank) in which sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. The only development right that may be transferred into and out of the SFC Bank is a sanitary flow credit. The lands from which sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. § 117-6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold must pass through the SFC Bank. A. Designation of sending and receiving districts. 1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-7. Determination of sanitary flow credit to be deposited into SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-8. Irreversible transfer. No sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117-9. Procedure for transfer of sanitary flow credit from the SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer ora sanitary flow credit to such parcel by proceeding in the manner set forth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the 3 use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-10. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. The Town Clerk shall provide notice of the issuance ora sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-11. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the 4 transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117-12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117-I3. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. § 117-14. Retum of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. 5 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 11 of 20 12 . of the ~Town) ('.'~:.g:) of SOUTHOLD was duly passed by the TOWN BOARD on September 25 ,20 12 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __ became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (Seat) Clerk of~.~{e County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: October 1~ 2012 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contain~ct text and that all proper proceedings have been had or taken for the enactment of the local law annexe~eeto~ Signatui~-,~..~~ Martin D. Finnegan, Town Attorney Jennifer Andaloro~ Esq. Assistant Town Attorney Title Town of SOUTHOLD Date: October Iv 2012 7 Southold Town Board - Letter Board Meeting of September 25, 2012 RESOLUTION 2012-700 ADOPTED Item # 5.3 DOC ID: 8124 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-700 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 25, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rightst Transfer oft in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights~ Transfer oft in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. Il 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117, Development Rights~ Transfer oL in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117-1. Purpose and into. rtl Title. This chapter shall be known as the "Trm~sfer of Sanitary Flow Credits" §117-4 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a 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, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential Generated September 25, 2012 Page 12 Southold Town Board - Letter Board Meeting of September 25, 2012 development. Unless expressly permitted herein, the transfer of deve!opmcnt p,otentia! may sanitary flow credits shall not occur in the Town of Southold. §117-2 3. Definitions. Unless otherwise expressly stated, thc following terms shall, for the purpose of this Chapter, have thc meanings as h~rein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). FRANSFER OF DEVELOPMENT RIGHTS SANITARY FLOW CREDITS - The process by which ~ sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-3 4. De~.'c!z;mcnt P,2"g.ht: Ban!: Applicabilit~ and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. 2. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3 5. Development Rights Bank. The Town hereby establishes a Transferred Develc?ment Rights Sanitary Flow Credit Bank (TDR SFC Bank) '~' in which ...... ~, ........ ~,,,o sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~ sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of ~evc!cpmcnt .4,~,,o sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ...... v..cn~ ri:g..,s sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. Generated September 25, 2012 Page 13 Southold Town Board - Letter Board Meeting of September 25, 2012 {}117-4 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold ~ must pass through the TDR SFC Bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. B. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. {}117~5 7. Determination of sanitary flow credit to be deposited into .... SFC Bank. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. {}1176 8. Irreversible transfer. No de, vc!cpment .i~.,~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No cle;'el,~pment rigl~ts sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suflblk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. '~""~ ..... ~ sanitary flow credit from the Trio {}117-79. Procedure for transfer of ...... r, ....... ~:~'* SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer ora ~ *h~pn~'~ggt sanitary flow credit to such parcel by proceeding in the manner set forth below: Generated September 25, 2012 Page 14 Southold Town Board - Letter Board Meeting of September 25, 2012 C Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such heating to be published in the official newspaper. Before the transfer of ~m~aq4~h~ sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. nm .... · .... r~ ^r.~..~ ..... · .~,~ ~cr~ .4;~,.4~ :~, ............ ~'~I special ......... , ..... a:~,~,o :, ...... ' Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-8 10. Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Generated September 25, 2012 Page 15 Southold Town Board - Letter Board Meeting of September 25, 2012 Special Projects Coordinator and the Planning Department. §117-911. Covenants and restrictions. A. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. B. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. C. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 I0 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §117-t4 13. Expiration. Any sanitary tlow credit transfbrred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request tbr an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in §117-8D. §l17-tg 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the aftbrdable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. Generated September 25, 2012 Pagc 16 Southold Town Board - Letter Board Meeting of September 25, 2012 IL SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated September 25, 2012 Page 17 Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Monday, October 01,2012 8:35 AM Rudder, Lynda RE: I1#11 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e- mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 To: From: Date: Subject: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney September 28, 2012 LL/Amendments to Chapter 117 - SEQRA RECEIVED SEP 2 8 2012 Southold Town Clerk For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A])plicant or Project Sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME Town of Southold / "Chapter 117 Sanitary Flow Credits' 3. PROJECT LOCATION: Municipality Soothold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Action applies to thc jurisdictional limits of' thc Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modi§calton/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amcndmants to Chapter 117, Development Rights, Trans£cr of, in connection with Sanitary Flow Credits. 7. AMOUNT LAND AFFECTED: Initially ~NOAF acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes [] NO If No, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] ParkJForest/Open Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [.~ Yes U No If Yes, list agency(s) name and permit/approvals: Yes, Southold Town Board and New York Department of State. 11. DOES ANY ASPECT OF THE ACTION I-IAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes [] NO If Yes, list agency(s) name and permitJapprovals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes [~'] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicantJsponsorname: ,~ c...~ t,"~"~_ ~ (.~(~c-') ~/~('}/ Date: 9/10/12 I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment t PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [-']Yes ~']No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None expected Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None expected C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None expected C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resoumes? Explain briefly: None expected C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None expected C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: None expected C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None expected D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~l No If Yes, explain bdefly: E, IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthisb~xify~uhave~dentifled~ne~rm~rep~~entia~Iy~arge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddirectlytotheFULI EAF and/or prepare a positive declaration. ] Checkthisboxifyouhavedetermined, basedonthe nf~rmatienandana~ysisab~veandanysupp~rtiegd~cumentati~n~thatthepr~p~sedacti~nw~L~ NOT result in any sign ficant adverse env ronmental mpacts AND provide, on attachments as necessapj, the reasons supporting this determination Town of Southold Town Board Scot~ usselltl{. Name of Lead Agency Pfint~e o~Lead Agency - Ir~jnatura of Responsible Officer in Lead Agency 9/10/12 Date Supe[visor Titl~e of Responsible Officer  RESOLUTION 2012-693 ADOPTED DOC ID: 8117 THIS IS TO CERTIFY THAT THE FOLLO'VVING RESOLUTION NO. 2012-693 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights. Transfer ofT in connection with Sanitary Flow Credits" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Superwlsor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED To: From: Date: Subject: MEMORANDUM Lauren Standish Lynne Krauza September 27, 2012 LI-/Amendments to Chapter 117 - SEQRA SEP 2 7 2012 $outhold Town Clerk I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by ADpIicant or Project Sponsor) 1. APPLICANT/SPONSOR /2' PROJECT NAME Town of Southold /"Chapter l 17 Sanitary Flow Credits 3. PROJECT LOCATION: Municipality Southo]d County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Action applies to the jurisdictional limits of the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits. 7. AMOUNT OF LAND AFFECTED: Initially 1~/~ acres Ultimately NA acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? --~.J Yes [] No If NO, descdbe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industeal [] Commercial Describe: NA [] Agdcuiture [] PaddForest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes L._] NO If Yes, list agency(s) name and permit/approvals: Yes, Southold Town Board and New York Department of State. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I I Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDOE Applicant/sponsor name: Date: 9/10/]2 Signature: I If the action is in the Coastal Area, and you are a state agency,, complete the ~ Coastal Assessment Form before proceeding with this assessment I OVER PAINT II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-]Yes ~'INo B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency, ~lYes [~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~TH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or gmuodwater qualily or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None expected C2. Aesthetic, agricultural archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None expected C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None expected C4. A community's existing plans or goals as officially adopted, or a change in use or intensJty of use of land or other natural resources? Explain bdefly: None expected C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Exptain briefly: None expected C6. Long term, short term. cumulative, or other effects not identified in Cl -C57 Explain briefly: None expected C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None expected D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~ ~ No if Yes, explain bhefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes. explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identif'~d and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] checkthisbexify~uhaveident~~ed~ne~rm~rep~tentia~~y~arge~rsigni~cantadverseimpactswhichMAY~cc~r~ ThenproceeddirectlytotheFUL[ EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WI LL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting this determthaflon Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 9/10/12 Date Supervisor ~ RESOLUTION 2012-693 ~7~ ADOPTED DOC ID: 8117 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-693 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights, Transfer oft in connection with Sanitary Flow Credits" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED IUNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell SOUTHOLD TOWN BOARD PUBLIC HEARING September 11,2012 4:34 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This heating was opened at 4:49 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: {}117-1. Purpoac and latent Title. Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 This chapter shall be known as the "Transfer of Sanitary Flow Credits" §117-t2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a 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, if certain conditions are present, 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~ ..ma;,' sanitary flow credits shall not occur in the Town of Southold. §117-2 3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Langnage, unabridged (or latest edition). TRANSFER OF DEVELOPMENT RIGHTS SANITARY FLOW CREDITS - The process by which ...... v ......... e~--o sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117-3 4.~.v'~-'~s... -~--v----~--*+ ---~---~°:-"'~ ~an!: AppHcabili~. and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not 2 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117--35_. Development Rights Bank. q~ .... C~.4 r~.,~l ..... { D:~t,,~ Sanitary Flow Credit The Town hereby establishes a ................ v .......... e~--~ Bank (TDR SFC Bank) in which ~ sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~-'~ ..... · r~g~ta sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of d~eh~pm~*~ights sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. The lands from which ~'~"~ ..... · '" ~'~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §1174 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold ~ must pass through the TDR SFC Bank. A. Designation of sending and receiving districts. (1) The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. Designation of development rights. A development fight for the purposes of this chapter, shall be limited to a sanitary flow credit. Amendments to Chapter 117, Sanitary Flow Credits 4 September 11, 2012 §117-57. Determination of sanitary flow credit to be deposited into ~ SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-68. Irreversible transfer. No ~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No.~-'~. ~.vv...v..~'. '~.e~..~"~''~ sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117--79. Procedure for transfer of ~c'.'c!epmcnt r~g~t sanitary, flow credit from the T4M~ SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a dovetopm~-fight sanitary flow credit to such parcel by proceeding in the manner set forth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written 4 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of ...... v ......... e,--o sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. .... ;n~ ......... · ^..~v ~;~,.~,~ :~ ...... * Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-8 10. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 and location of the transferred credit. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-911. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 I~ 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §1171113. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Amendments to Chapter 117, Sanitary Flow Credits 7 September 11, 2012 Town Clerk to those Town departments referenced in § 117-8D. {}117 12 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. I have quite a bit of communications which I will go through, I have a short environmental assessment form. I have a letter from Walter Hilbert, Suffolk County. The Town Board appreciates the Health Department's review of Chapter 117 and the Board's public record will reflect that the Department of Health had no objection. 'You are correct that the Health Department has no objection to the proposed revision to the Town's sanitary flow credit program.' That is from Walter Hilbert, Suffolk County. I have a letter from Andrew Freleng, chief planner Suffolk County. 'Pursuant to the requirements of sections A 14-14 to A 14-25 of the Suffolk County administrative code, the above referenced application whish has been submitted to the Suffolk County planning Commission is considered to be a matter for local determination as there is no apparent significant county wide or inter community impacts. A decision of local determination should not be construed as either an approval or disapproval.' A letter from Mark Terry, LWRP coordinator and principal planner. 'The proposed local law has been reviewed to chapter 268, waterfront consistency review of the Town of Southold town code and the local waterfront revitalization program policy standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' A letter from Donald Wilcenski, chairman of the Planning Board. 'Thank you for the opportunity to provide comments on the proposed amendments to the town code referenced above. The Planning Board has reviewed the Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 8 proposed amendments and supports the code amendment.' I have the notice that it was posted in the Suffolk Times on September 4, 2012 and on the Town Clerk's bulletin board on August 15, 2012. And that is it. SUPERVISOR RUSSELL: Okay. I would invite whoever would like to address the Town Board on this particular local law to please feel free to come forward. JOE FISCHETTI: Good evening, Joe Fischetti. I am a professional engineer, I didn't get much time to read this but I was co-chairman of the TDR committee for the Pine Barrens commission which was in the mid 90's when the Pine Barrens commission was originally being formed. I was also appointed by Tom Wickham for the town's TDR, to look at the TDR for the town. We worked a year and a half on that, came up with some recommendations but they were, again, put aside. So I have some experience with the TDR's. TDR's really are very interesting, very valuable for a town in preserving open space. They get to be very in preserving open space. They get to be very valuable for a community, especially in commercial, the TDR's in the Pine Barrens got to be very, very valuable. I think the TDR's in the Pine Barrens right now are probably about $100,000 a TDR which is very hard to evaluate there. They are about, I think it's an acre or whatever, but they are very valuable. The town's TDR's could be very valuable for the town. Over the years we have taken open space and we actually have just eliminated those development fights. Now we are banking them, which is really important. I find this law to be not beneficial to the town and actually not consistent with your purpose and intents. I will read from paragraph 117-2, it says this is set forth for the preservation and promotion of a broad range of housing and business opportunities to support socioeconomic and diverse communities' This does not support the business community. By you eliminating all the uses of the TDR's except for affordable houses hurts the businessman in town. I have two clients where we had problems with the health department and the ability to comply with their sanitary, article 6. we met all the other codes in the town, we met all the other building code, we met the planning board codes but we couldn't resolve the article 6 issue. The only way we could resolve it was with transfer of credits. Now originally we could go into the town and purchase a piece of land or within the hydrogeologic zone and take that and sterilize that and use those credits to help that business person and move them over there. You have eliminated that. I have a restaurant in town that wants to increase his seating. He meets all the other requirements, he wants to increase the seating in town. This is a business person. He can't do it because it is an old building and he has some, the full credits just don't make it. He would meet all the building codes, he would meet the planning board codes but he can't meet the article 6, so he needs those credits. So he could come to you and buy them from your bank but you won't sell it to him. Because you are only allowing it in affordable housing. Now that is short-sightedness. It really is. We could increase development in the town without, you know, getting involved in health department questions here, when you are changing it to sanitary credits, you should allow it to the health department and she should leave it up to them. They have more knowledge in this than you guys do. Now even though the health department transfers, requires both the sending zone and the receiving zone be approved, if a person bought a piece of land in the town, they wouldn't have to go. I am not really sure how that happens, we haven't Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 done it yet within the town but you need to encourage the use of development fights for the business community. You need to look at that, it is really important. So I am here, probably there are other business people here but that is really important. I think we have gone too far here to limit it only from, only for affordable housing and only from your bank. Now I think you need to look that over and try to think about the business community. And again, I have two people, two business people that I have as clients that you have now cut their legs off. Thank you. COUNCILMAN KRUPSKI: Do you want to answer him? SUPERVISOR RUSSELL: No. I just, for clarification, this sanitary flow credit bank was established by a previous board. I will read, this is the law as it exists, that was passed in 2005. The sanitary flow credit transfer will allow the town to bank sanitary flow credits from preserved land in the TDR bank and later sell those credits for use exclusively in connection with affordable housing. That was the intent of the board in 2005. there is no current program that allows you to buy land and move those sanitary flow credits from one parcel to another within the town. There is no such program that exists. This is to clarify an existing law that has been around since 2005. The intent and purpose of that board was for the creation of affordable housing which I see two people here tonight that availed themselves of that opportunity. MR. FISCHETTI: So you are saying in the town a business person couldn't buy a piece of land in the town, by himself, buy an acre, take those development credits and use them somewhere else. Within the health department, you would eliminate that with this. COUNCILMAN KRUPSKI: No, that is the current law. MR. FISCHETTI: Excuse me? COUNCILMAN KRUPSKI: That is the current law. MR. FISCHETTI: That is the current, no, I leave it up to the attorney's because I .... COUNCILMAN KRUPSKI: And also, if you want to put your .... MR. FISCHETTI: Let the next speaker speak. COUNCILMAN KRUPSKI: Just to answer you, too Joe, if you want to put your face in the Suffolk County Health Department to control development in Southold Town, I'd first want you to look at the rest of Suffolk County to see what could happen. MR. FISCHETTI: I actually... COUNCILMAN KRUPSKI: You might not want that. MR. FISCHETTI: Article 6, I know what article 6 is. 9 Amendments to Chapter 117, Sanitary Flow Credits 10 September 11, 2012 COUNCILMAN KRUPSKI: I know what... MR. FISCHETTI: I am not saying that, I deal with the health department all the time. I deal with engineers all the time. I have more faith in engineers than I do some of the boards, I really do. Because we get down to facts and we get down to specifics and this is specifics, transfer of development rights goes back to article 6 which is 208 studies, a long time ago. So this is the basis of it. so it has, I am not saying development. You have zoning codes that override it. I am not saying we are overriding it. I am saying there are many facts, there is many issues here that when we get to, we can meet the planning board, we can meet the building code, we can meet the zoning code, but we can't meet article 6 because of the flows, within a size ora lot that has to do with health department. You have eliminated that. and I think you need to look at it. if that is the case then you should look at it. you should look at our business community and you should allow the use of development rights. Those are valuable credits that people in the Town of Southold could get money for. You should allow those credits to be used throughout the town and throughout the business community. I am surprised you are not even doing that. That's what this should be saying. You are making it worse than it is. SUPERVISOR RUSSELL: What we are doing is making minor changes. The substance of the legislation is still intact. It was passed in 2005 as a means of creating affordable housing. MR. FISCHETTI: Then change it. SUPERVISOR RUSSELL: Those are issues we can take up with the new master plan. I would think it would be somewhat premature to jump on TDR's before the land use chapter is finished. MR. FISCHETTI: I am going to leave Bill Moore to the legal end because it is different, (inaudible). WILLIAM MOORE: William Moore, local resident, former Board member. Let's not confuse health department sanitary flow with development rights. Two different things. And the confusion was, when the law was written, used development rights words and people blended them and conflated them, they are not the same. So Mr. Krupski, our town zoning dictates what our community will look like. For years we have tried to do projects in downtowns, where we say we want to do apartments over retail stores, we will do all kinds of things. And we would do the planning studies and say this is a great idea, let's have apartments for people, mixed uses, all kinds of neat things. Do all these planning studies and the health department says that is very nice but no. you don't have sufficient sanitary flow there. So 2005, the Town Board at the time and Louisa is the only member of the Board who is still on the Board now, you can help them with this. In 2005 they passed a law in conjunction with the health department to take specifically and only the sanitary flow credits from open space the town had acquired. And you said, okay, in response to concerns raised by environmental council and other groups, we can 10 Amendments to Chapter 117, Sanitary Flow Credits 11 September 11, 2012 only use this for affordable housing. Great program. You make use of the town sanitary flow credits specifically for affordable housing and Scott, as you have said, people have availed themselves of that. I wasn't going to get into this discussion and I am going to touch on it only lightly. A two lot subdivision in the town, approved by the Zoning Board back in like 1996 or 1998 of undersize parcels in a small community, went to the Planning Board and spent years there and years, seeking approval. They went and found a parcel of land and transferred through the health department, the sanitary flow credits. Not the development rights, only the sanitary flow credits. Planning Board did not like that and did not want to approve that subdivision. It has gone off into litigation, it is on appeal. The question of the appeal is, the Town Board policy, because you guys have participated in that appeal, is to say the only game in town for sanitary flow credits is for affordable housing. Nobody else can do it. until you took that stance, as Mr. Fischetti said, everyone in town had sanitary flow credits associated with their vacant land. Whether they wanted to develop it or not, they had a valuable right. By taking position that nobody can transfer sanitary flow credits except the town and except through the bank, you have eliminated already with the law from 2005 because the Planning Board took that position, the Supreme Court disagreed with that by the way, but you have appealed it. you are promoting that argument still with the court thing, this town's policy is that no one but the Town Board can transfer sanitary flow credits and only for affordable housing. So I am going to piggyback what Joe said. Forget the litigation for a second. As a matter of public policy, is this good public policy? And I say no. he gave you specific examples of people that are restaurateurs, who own buildings that meet our town zoning, our planning, our parking, all the criteria that we care about for laying it out but not health department. They need to add seats and (inaudible) says no, a market for those sanitary flow credits is there to be had but for the interpretation the Planning Board and now you have adopted but pursuing that appeal and but for this legislation which does have more than language changes in it. Pat is the reader of codes and she digs into it, she can tell you. There are substantive changes in your law here and you are slamming down transfer of sanitary flow credits to everyone else except the town. I have got to tell you, that is lousy policy. Nothing to do with TDR's on the broader scheme of taking them on hope and faith and bringing them down the HALO zone, this is specifically about satisfying the health department's criteria for sanitary issues. The town zoning is not being affected except the way you have now adopted this thing and you are just driving it home to make that point. Thank you. SUPERVISOR RUSSELL: Mr. Meinke? HOWARD ME1NKE: Thank you, Scott. Thank you, Town Board. My name is Howard Meinke from Laurel. I prepared something to say because there was some very excited people sent emails about what you were doing and I, it seems to have varied a little bit but I do want to say something and I said it to you on the Board once before but I want to say it to the citizens in the seats right now. That septic waste simplistically the worst offender. Nitrates is a known polluter of our waters. In May, the what are we going to do about it meeting in Huntington was held. Local, county, state and scientific representatives gathered and agreed that water pollution is very real and when they say water pollution, they are talking about ground water and surface water. This is your 11 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 12 drinking water, your underground water, your creek water and your bay water. Water pollution is very real and demands strong local government action now. The DEC, the EPA, Lee Koppelman, Fred Thiel, Ed Romaine, Stony Brook marine scientist Chris Gobler, a representative from Cape Cod where all their inland creeks are polluted and speakers from New York State government and many more, all made the single and simple point, to save our ground and surface water we need local action now to get pollution under control. Now science is ever moving forward and intelligent people heed the results. So if we know now that we are getting pollution from things that we didn't know 5 years ago was giving us pollution, that science, we should agree with science and we should make our rules set what science says. For example, President Nixon launched the EPA and then the resultant clean water and air regulations are very important. Now I was congratulating the Town Board here based on the email I got from some very aggravated people but I am going to congratulate you anyway because subjecting the sewage transfer credits to careful oversight is an important first step in getting nitrate pollution under control. Now we know that stopping pollution by preserving land and then selling off the pollution to a denser area makes no sense. Adding septic waste to already small lot size dense, untreated areas is a proven multiplier of pollution. This Town Board action which requires proper waste disposal is very important in stopping the loss of the Peconic estuary, our surface and ground water and ultimately our quality of life. This is one of the most important things that the Town Board can do right now. As I read number 117-9 section E, it is clear that sewage transfer rights must be dependent on a proper waste disposal or treatment method. That should be a group system of nitrate removal treatment. This is available now. Very simply, as science moves forward, sometimes the rights of the entire citizenry trumps those of certain private property owners. This is one of those times and it is known as good government. And I had that sentence there because the email that was so excited was all about infringing on private property rights by cutting off their sewage transfer credits and I am assuming that you went to, it is dependent on a proper sewage treatment method because you are hearing that we have sewage pollution and you are still interested in smoking out the proper anti-nitrate treatments that are available and things like that. and hopefully that is your point of view and if so, I congratulate you and I thank you. Thank you. SUPERVISOR RUSSELL: Pat, did you want to go? PATRICIA MOORE: Patricia Moore, also attorney, citizen of Southold. Joe Fischetti, I am glad he spoke first because as an engineer, you don't sometimes believe me but you heard from him. Every property has a bundle of rights. Let's call it a bundle, we are going to go back to law school 101. if any of you ever go to law school and go to real property class, you are going to learn that every property has a bundle of rights. Those bundles of rights say I could put a house on it, I could put a sanitary, every depastrnent, every agency regulates part of or one of those bundles of rights. Mr. Meinke gives you, commends you for essentially putting yourself into the place of the Suffolk County Health Department. We all operated under article 6, the sanitary regulations, we all have to comply with that. this law, as it is being proposed, is in fact taking away what every property now presently enjoys, which is the absolute right to develop; based on the health department regulations. We have zoning, we are not changing the zoning. If anything, 12 Amendments to Chapter 117, Sanitary Flow Credits 13 September 11, 2012 this law undermines your zoning because you, to go through the master plan, your zoning code, you have had public hearings, you have told people what zoning district they are in. now what you are doing is saying we don't care what your zoning says you can do, we don't care that you can put a restaurant in downtown because it is a business zoned property and that is a use that is permitted. We don't care about what your zoning says because what you are saying is now that when you go to the health department, the health department is going to say well, it is very nice that you are taking the old building of Country Charm, I will give you exact examples. Country Charm here in Southold that closed up. That building, let's say a restaurant, a little boutique restaurant wants to go in there. Our zoning would allow it but the health department is going to say, no, I am sorry but based on the size and based on the size of that property, you must have certain amount of flow based on the number of seats that you propose. A restaurant. Let's say it is a dentist office, certain medical offices have higher calculations of flow because it is more water intensive. An apartment, let's say you want to add an extra apartment over the offices. You will not be able to do that without complying with the health department. Now, not only do you have to deal with the health department but what you have said in this law is to clarify, this nomenclature, I was at the Planning Board and they said, well, this is just a nomenclature change. No, it is not a nomenclature change. It is stating outright look at 117-4, what is the applicability and general prohibitions, I will read to you what you are adopting. It says, any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. Okay? Then general prohibitions, if not expressly permitted within this chapter and the only thing you allow for is acquiring a sanitary credit for an affordable, so there is no other permitted acquisition of sanitary credits through this program, it says the transfer of sanitary flow credits is prohibited. You are clarifying, even though and again, this is in litigation and the courts have said, no, that is not what this law was adopted for but now you are making it ultimately clear that it is in fact what you wanted to be, you wanted to say that there is no permissible use of private sanitary credits within this town. Then you go on to say all transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. What that means is for those that don't know what exactly you mean by that is pine barrens. That we have all, as taxpayers, preserved the pine barrens. That is the, the method that they used to prohibit development in the pine barrens was to give credits, sanitary credits and those properties, those property owners that need sanitary credits one option, which is available to every other town on the east end, is to go and acquire a pine barrens credit. We have already paid for it, we already preserved that land, we are just getting a benefit from the money that we spent. So that is what paragraph 2 says. Now let's go to paragraph 3, I only have to go through the first article because that is pretty much where it all is, the rest is all gobbledygook of the process. But let me tell you, the next is the kicker. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to 289, what that says is 289 says it is the grandfathering of lots in this town. And what happens is, every property whether it is a small lot, a farm lot, whatever the lot might be, has to meet these criteria. The first criteria is, was it created by deed prior to 19837 And when it was created in 1983, did it meet the bulk schedule? Well, there are, I deal with properties almost on a weekly basis, that are screw ups of the past. Screw ups because in the past, I have one going right now from 1941, that is a homeowner, they bought a piece of property, his father actually 13 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 14 bought the piece of property, he lived, grew up in the house and because a deed failed to be recorded and that was a screw up because in the old days, when the old farmer sold you the property, instead of putting a mortgage on the property they said, listen, you are going to pay me in installments and when you are done paying installments, I am going to give you the deed. Very common practice, particularly in the 40's, maybe even in the 50's. This particular person that has lived here their entire life, their father got a deed, nobody could find it, nobody recorded it. it is a property without a deed that is recorded. We find out about it, well, timing wise. One month past that 1983 date. Because it was one month past that 1983 date, the building department, the Planning Board, everyone refused to recognize that property. He grew up on that property, there is a house on that property. We have since and these are people without means, we are talking about a community from 1941, these are the old homes, these are the old families. They have had to pay for a subdivision, zoning board variances to grant, recognize an undersize lot because these were 1940, this is a half acre lot but nonetheless, it is a property. So, 289, it doesn't meet that. that is just one example. I have got lots of others because I look at them regularly. The second criteria, lots approved by planning board. Well, the one that is in litigation that is a lot that was approved by the planning board, still shows up if you look at the town's website under planning board subdivisions, still in there. But in that case, the building department said oh, no, no. The planning board, this is a lot line change, it is not recognized, the poor family went through two zoning board hearings, court actions, really got to the end were there is no development of that property left other than the value of the sanitary credit. T hat is it. it has been 15 years that they have been trying, this is a property that got bought up, it is an acre in size and to believe that in this town, an acre can't be built on is outrageous. But unfortunately if you don't fit the peg, the town is very quick to say, sorry, you can't develop it. but what is le~ of it, at least the health department still recognizes the rights. Secondly, excuse me, thirdly, under 280-9, I am sorry I am going through this but you have to know what you are adopting and I am not sure that everybody understands the nuances of this, it is very complicated but it is kicking people in the tush. Lots on subdivisions prior to 1983, so we talked about that, lots approved by the ZBA prior to 1983, well because Southold was not always perfect and our zoning processes were not always very well run, prior to 1983 even though it wasn't legal under the town law, the zoning board did subdivisions. Finally in 1983, that got cleaned up but you know how many subdivisions were out there? That had been approved by the zoning board? It took some time before this law got into the books to clean up just a fraction of the problems that are out there of people that have owned properties from the 40's that it comes to roost under 2012. nobody knows the kind of problems that are out there but when you set forth these kind of black and white rules, ultimately it screws people. Then also finally, that section of 280-9 says and again, this is from or to properties alright? Not just from but to properties. Lots have merged. Let's say the zoning board says you know what? We are not going to approve this waiver of merger or a homeowner can't afford to go through the whole unmerging process. They have owned two properties the entire time, they continue to own two properties. The health department shows that property on the Suffolk County tax map records, which for everybody in laymans terms would be, I get two tax bills. What do you mean I don't have two properties? Well, in your provision you say those properties cannot be used for sanitary credits or to receive sanitary credits. What we are talking 14 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 15 about in most of the hamlets, even for purpose of affordable, let's assume that we are just talking about getting an affordable added and through your program, you are dealing with most of these lots being preexisting, nonconforming lots. Otherwise, why would they need health department approval? Why would they need the sanitary credits? If every lot in this town was two acres, you don't need the sanitary credits, it's that simple. But in the code what you are saying is both, they don't meet 280-9 or that they do not contain sufficient buildable land, and that is a legal term that you have applied, as defined in 280- 4. Well, buildable land means that if you have got a piece of property that is under the required zoning, acreage, let's say you have 10 acres but only 5 of them are the buildable, okay? That is fine but you can't transfer the to or from this property. So that is what just the general prohibitions provide for. That is why it is so frustrating to hear the comments that you make that is we are not changing anything, a prior board did this. No, a prior board did not and actually, I would urge you to look at the litigation papers because in the litigation papers, there were affidavits from the prior board members saying, 117 was never intended to be used the way you are using it today. The way you have argued to the courts that it should be used and now what you are doing with this law is just putting that final nail in the coffin of making sure that if the Supreme Court didn't agree that what you did before was right, you are making it just completely clear or at least attempting to, that we cannot do sanitary credits in this town, at all. Period. End of discussion. So I urge you board members, I know how some of you feel but others of you, please look at this carefully. Is this good policy?. You are, are you happy with seeing downtown in Southold half empty? Store fronts that can't be developed other than for like little retail antique shops. Well, that is very nice but nobody can afford to pay the rent or live out here on selling a few antiques. So, the redevelopment of your hamlets relies on sanitary credits. The development of this town in accordance with the zoning relies on sanitary credits. Don't take that away from the homeowners right now. Those are the rights they have right now and the health department recognizes it. what you are doing is taking them away and don't kid yourselves. That is precisely what you are doing. Thank you. SUPERVISOR RUSSELL: Who else would like to comment? Glynis? GLYNIS BERRY: Glynis Berry, Orient. I have a number of comments and questions because I am not clear on some things. First, I think there is a need to distinguish the transfer of development rights from sanitary flow credits. I think they are two different animals and I totally support prohibiting any sanitary flow credits in this town. I know of a case in Southampton where the town was trying to control subdivision and reduce the amount of build out and because the health department approved using sanitary, transfer of credits, they didn't prevail, even when they were in charge of the zoning. So I actually think a prohibition of sanitary credits should happen but it should happen absolutely and the reason for that is, there is an implication that if you transfer sanitary credits, it is okay to pollute beyond the level that is allowed by code. There are solutions that allow you to build to a higher density but you have to treat for certain things like nitrogen. And there are now options that people can put in. it costs a little bit more but maybe that is where you look at the transfer of development rights and charge for those. So I would recommend that this stay a transfer of developments right program with a 15 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 16 prohibition of any transfer of sanitary flow credit. So that way you can still transfer development rights that protect the quality of the water and you can therefore allow development where you want it, to a higher density. So that way you are protecting the environment and allowing greater densities, either in existing conditions or where the plan wants it to be. So I really think those two need to be separated and understood clearly because we don't want to increase pollution at the same time. At the county level, I have seen a situation where they have required so many credits whether whatever you call it, that they have way more than they ever need and that number is sitting there and so the developers are saying, please free these up and basically what, if you keep all of those credits in a bank with no system for retiring them, then basically what you do is you have full build out, that somebody can eventually get to. So I would also recommend that you have a retirement program. You know, you have a target number per year and if it goes over that, you retire that number. So that you always have a maximum number of credits that are available. That also means that the town doesn't develop 30 percent in one year, you know, so it is kind of graduated. The other thing is price. You know, if you are selling development rights, what is the price? And if this is for affordable housing, don't you really want to give them away? SUPERVISOR RUSSELL: I don't think, if that is a question, I think we looked at the legality of giving them away and we found that we couldn't, so we had them valued based on their restrictive value for use as affordable housing. I think the two we sold recently, the price was established at about $10,000 per credit, ifI am not mistaken. In or around that ballpark. The idea is, they come with restrictive value because you have to use them for affordable housing, so they are not a free market exchange. That, the value we charge reflects that restriction. But it still keeps them within the ballpark of viability for use for affordable housing, that they are not priced so prohibitive. And if people are going to criticize me or board members for not accepting pine barrens credits, then that is a bullet I am willing to take. I don't feel the need to relieve the pressure of development in Manorville and place it in downtown Southold. I am happy to take that bullet. MS. BERRY: Now, I totally appreciate that stance and strongly support that actually. The other thing is, also at the county level, I have seen where they also have a program just aimed at affordable housing and it has also been under attack for being capable of being used for public uses. For instance, you know, schools or something like that where the usage would be more than you know, what the health department would allow. So that's something to consider if there are certain public things that, you know, with no sanitary credits being transferred because we don't want to approve more than we are. So that is something to consider. Like I know you have already mentioned recreation facilities, those toilets and you know, that is an issue. Another thing is, if you do allow the transfer of sanitary flow credits, can you put a max so that there is no increase of nitrogen loading within a sub-water shed? You know, because that can overload a sub- water shed and have an environmental impact, too. SUPERVISOR RUSSELL: We tried to address that in the legislation. However, let me point out by using sanitary flow specifically for affordable housing which was the intent of the original legislation and I have the original legislation right in front of me, the 16 Amendments to Chapter 117, Sanitary Flow Credits September 11, 2012 17 reality is those affordable units would be occupied by people that are already living in that district, as a matter of affordable housing guidelines. So that they are already producing septic flow in that community, it is merely locating the septic flow from mom and dad's house to your new affordably apartment. MS. BERRY: But they might be in the same school district but they might be in different watersheds. SUPERVISOR RUSSELL: Good point. Good point. MS. BERRY: So, it is just something to consider. Another question is, what happens ifa building can be self-contained or part of the community system? You know, technology is now, they actually re-use the waste water, so you may be having no impact on the environment, so does that mean they can build, you know, to whatever zoning? And I actually think that is a good thing but you might be forbidding that building in density under this sanitary credit. SUPERVISOR RUSSELL: I don't believe we are because those are issues we can address as part of zoning and land use. You know, the current zoning is what it is. MS. BERRY: Right, but .... SUPERVISOR RUSSELL: You are talking about... MS. BERRY: You could have a flow of sewage but if it is not going into the ground, how is that dealt with? COUNCILMAN TALBOT: Are you talking more about a gray water system? MS. BERRY: No, they actually, there is a system called the (inaudible) machine. COUNCILMAN TALBOT: It is not sewage. MS. BERRY: Where it actually recycles almost everything back into the building. SUPERVISOR RUSSELL: So that you would be able to, exact density is greater than say 4 per acre. MS. BERRY: Right. SUPERVISOR RUSSELL: Well, those are issues that the original code never envisioned. Those are the types of uses that we might want to include as we update the master plan, with technologies allowed us to look at those things. But again, that's, part of this legislation was to get back to the original intent. That was spelled out in the black and white letter of the law that was passed in 2005. 17 Amendments to Chapter 117, Sanitary Flow Credits 18 September 11, 2012 MS. BERRY: Alright. But I think the most important thing is really to separate transfer of development rights from sanitary credits. SUPERVISOR RUSSELL: We agree. MS. BERRY: Thank you. COUNCILMAN TALBOT: I had a question regarding that. We were talking about, you want to continue to allow transfer of development rights but not the sanitary flow credits. Is that what you are saying? MS. BERRY: Yes. COUNCILMAN TALBOT: And so you mean with a newer treatment system? MS. BERRY: Right. If you decide you want a higher density in that area, then they would be required to meet a certain purification level that matches the existing code. But what you are not, if you forbid the transfer of sanitary credits, that implies that you are allowing people to put in a normal septic tank to a higher density and it is polluting in that area. You know, so you are creating localized pollution. Granted, town wide, it is equal but environmentally it may not be good. COUNCILMAN KRUPSKI: You make a, it is a very good point but just to put a backdrop on that, someone just did buy, as referenced earlier, two sanitary flow credits earlier this year to put three affordable apartments in the hamlet of Mattituck, in an existing building. I have been on the board for quite a few years now. That's the first sanitary flow credits that have been sold by, since I have been on the board and we don't have that many in that school district anyway. There is less than 20. so it is not like the town is accumulating vast quantities of these and dealing them out all over the place, so this isn't a program that is out of control. MS. BERRY: But .... COUNCILMAN KRUPSKI: I understand what you are say/ng but just to put that as a backdrop. MS. BERRY: Right. But what I would have preferred in that case is that you allowed them a transfer of development rights and then instead of charging them, let's say there were 3 credits, instead of charging them $30,000 you forgive that in return that they have to pay the extra amount to have a better system in. you know, I think that way .... SUPERVISOR RUSSELL: That is an interesting concept for a future discussion. In that particular case, we were simply stuck with the framework which we had. But is an interesting point for a future discussion. Thank you. COUNCILMAN KRUPSKI: Yes, it is. 18 Amendments to Chapter 117, Sanitary Flow Credits 19 September 11, 2012 COUNCILMAN TALBOT: In that particular case, the person bought more than what was required by town code and they still couldn't get health department approval for the system. COUNCILMAN KRUPSKI: They didn't get... COUNCILMAN TALBOT: No. MS. BERRY: I have to also say that I am actually surprised and pleased that you got those letters from both planning and the health department because it shows that they are sensitive to the same issues. And they are the ones that are actually developing the rules that allows the credit, so the fact that they are supporting you I think is a good thing. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular issue? (No response) This hearing was closed at 5:38 PM Linda J. Cooper Deputy Town Clerk 19  RESOLUTION 2012-693 ADOPTED DOC ID: 8117 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-693 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary Flow Credits" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Memo To{ Scott Russell and Town Board Date: 9/12/12 Ro{ Amendments to Chapter 117 At the Town Board meeting hearing yesterday regarding the "amendments to Chapter 117 regarding the ability to transfer of Sanitary Flow Credits", the subject being complicated, I got bogged down and did not present to the Town Board two important points regarding the use of sanitary flow credits as a tool to support the business in the hamlets in $outhold. The business community is not a developer requesting 30 or 40 sanitary flow credits to be placed in a hamlet. All of my business clients that need sanitary flow credits to expand their business are looking for fractions of a credit. I have a restaurant that need 3/4 of a credit to add seats; I have an owner that needs 1/4 of a credit to add an office. These are not large concentration in flows with nitrates in the hamlets. Secondly the Health Department regulations regarding using transfer of sanitary flow credits limits them to less than 50% of the total sanity flow for the application. So the Health Department's own regulations will further restrict large changes in the use of sanitary flow credits in the hamlets. A restaurant cannot triple its seating. An office can not more than double in size. Again we are talking about small numbers here. The use of sanitary flow credits is a valuable tool to help business that wish to grow in the hamlets in accordance with Town Zoning codes, and it is being eliminated with your revisions. Scott, you made a statement when responding to Pat Moore's request to the use of Pine Barrens sanitary flow credits in the Town. "1 will take a bullet on that point before I allow sanitary flow credits from Manorville to be used in our helmets" If the Southold Development Bank that holds these credits would allow them to be used by Southold businesses in the hamlets, you would not have to take a "bullet". The Board should revise the regulations to allow the banks to sell sanitary credits businesses in the hamlets by right. The use of sanitary flow credits by the business community will not impact the Hamlets with high levels of nitrates. We are talking about a very small numbers of total credits in each Hamlet. The environmental community which has been pushing for this change in the Code does not realize how small an impact it will have on the groundwater and what a big loss it will be for the business community. When I talk one-on-one with environmentalists regarding this issue, they do not support what the Town is doing with this change in this law and its effect on the business community. Joseph ®P~e2 Page 1 of 1 Cooper, Linda From: Russell, Scott Sent: Wednesday, September 12, 2012 12:24 PM To: Doherty, Jill; Talbot, Christopher; William Ruland; Krupski Al; Ipevans@fishersisland.net Cc: Cooper, Linda; Finnegan, Martin Subject: FW: Town Board Hearing Attachments: Joseph Fischetti.pdf From: 3oseph Fischetti [mailto:joseph@fischetti.com] Sent: Wednesday, September 12, 2012 11:53 AM To: Russell, Scott Subject: Town Board Hearing Scott, Some additional thoughts I would like you to see and share with the Board. Joseph Fischetti, PE Prol~ssional Engineer 1725 Hobart Road Southold, NY 11971 B(~ard Certi fled in Structural [ingineering Telephone: (631) 765.2954 Facsimile: (631)614-3516 E-Mail: iose~)h~fisc hetti.com 9/12/2012 Southold Town Board - Letter Board Meeting of September 11,2012  RESOLUTION 2012-700 Item # 5.27 TABLED DOC ID: 8124 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-700 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights~ Transfer of~ in connection with Sanitary Flow Credits" and WHEREAS the Town Board of the Town of Southold held a public heating on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of~ in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: §117-1. Purpose an~ intent Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" §11742. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a 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, if certain conditions are present, 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 deve!opment pctcnt:.a! may sanitary flow credits shall not occur in the Town of Southold. Generated September 11, 2012 Page 45 Southold Town Board - Letter Board Meeting of September 11, 2012 §117-33. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF DEVEL©PMENT RIGHTS SANITARY FLOW CREDITS - The process by which d~ sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §117--3 4 ....... t- ......... r,- ......... Apphcabili .ty and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. 1. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. 2. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. 3. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3 5. Development Rights Bank. The Town hereby estabhshes a ................. ~, .......... e~--~ Santtary Flow Credit Bank (TDR SFC Bank) in which d~ sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All d ..... v ......... e~--o sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of deve!eFmznt · .e~·.o samtary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. A. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. B. The lands from which ~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of"community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §117-4 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from Generated September 11, 2012 Page 46 Board Meeting of September 11, 2012 Southold Town Board - Letter preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary ........ ~ .......... w~, must pass through the q-r~r~ Flow Credits within the Town of Southold r ...... ,~ ,~;~ ~.n-,~. . ~.. SFC Bank. A. Designation of sending and receiving districts. (1)The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. B. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. {}117-5 _7. Determination of sanitary flow credit to be deposited into ~ SFC Bank. A. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of prope~t.y or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDP. SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. C. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. {}117-6 8. Irreversible transfer. No ~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ...... v ......... e~-,~ sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. {}117-7 9. Procedure for transfer of dcYe!epmcnt r!ght sanitary flow credit from the ~ SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer ora de~dopmem-fight sanitary flow credit to such parcel by proceeding in the manner set forth below: A. Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. B. The Town Board, before publishing notice for a public hearing, shall comply with all Generated September 11, 2012 Page 47 Southold Town Board - Letter Board Meeting of September 11, 2012 State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. C. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. D. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. E. Before the transfer of d~,~h~a~at-:6g~q~ sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ........ + ~ +~ ,~-~-~'- :' ...... * Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. G. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-8 10. Sanitary flow credit certificate. A. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. B. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. C. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. D. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-9 11. Covenants and restrictions. Generated September 11, 2012 Page 48 Board Meeting of September 11, 2012 Southold Town Board - Letter Following the Town Board resolution granting a transfer ora sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §117 10 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public heating, after 10 days' written notice of the heating, by personal service or certified mail, has been given to the property owner. §117 11 13. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in §117-8D. §1174314. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public heating on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law Generated September 11, 2012 Page 49 Southold Town Board - Letter Board Meeting of September 11,2012 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IlL EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/25/2012 7:30 PM MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Russell EXCUSED: Louisa P. Evans Generated September 11, 2012 Page 50 SUMMARY OF LL/AMENDMENTS TO CHAPTER 117 SANITARY FLOW CREDITS THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING AMENDS CHAPTER 117 ENTITLED "DEVELOPMENT RIGHTS, TRANSFER OF", THE INTENT OF WHICH IS TO CLARIFY THE SANITARY FLOW CREDIT TRANSFER PROGRAM. MORE SPECIFICALLY, THE AMENDMENTS TO CHAPTER 117 CHANGES THE TITLE OF THE CHAPTER FROM "DEVELOPMENT RIGHTS, TRANSFER OF" TO "SANITARY FLOW CREDITS". FURTHER, EVERY REFERENCE WITHIN THE CHAPTER TO A "DEVELOPMENT RIGHT" HAS BEEN CHANGED TO "SANITARY FLOW CREDIT". THE TOWN HAS ALSO CLARIFIED THE APPLICABILITY OF THE CHAPTER AND SANITARY FLOW CREDIT TRANSFERS THAT ARE NOT PERMITTED IN THE TOWN, WHICH ARE SET FORTH IN SECTION 117-4. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSlTE. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2.;PROJECT NAME ,, Town of Southold / Chapter 117 Sanitary Flow Credits 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Sheet address and road intersections, prominent landmarks, etc., or provide map) Action applies to the jurisdictional limits of the Town of Southold 5. PROPOSEOACTION IS: [] New [] Expansion [] MndificaltordalteratJon 6. DESCRIBE PROJECT BRIEFLY: A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with Sanitary Flow Credits. 7. AMOUNTOF LANDAFFECTED: Initially NA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EX ST NG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~J Yes [] No If NO, descdbe briefly o. W.AT,S PRESENT USE ,N OF PROJECT? [] Reside.tial [] Industrial [] Commerdal [] Agriculture [] PariUFomsUOpen Space [] Other Describe: NA 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L~J Yes L~ No If Yes, list agency(s) name and permit/approvals: Yes, Southold Town Board and New York Department of State. 11. DOES ANY ASPECT OF THE ACT ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes [] NO If Yes, list agency(s) name and permitJapprovals: NA 12. AS A RESULT OF PROPOSED ACT ON WILL EX STING PERMITIAPPROVAL REQUIRE MODIFICATION? []Yes ~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: 9/10/12 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART ~1 - IMPACT ASSESSMENT ITo be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. F--'~ Yes ~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dectaration may be superseded by another involved agency. r~l Yes ~lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surfaco or groundwater quality or quanlffy, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None expected C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: None expected ca. Vegetation er fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None expected CA. A community's e~dsting plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resoumes? Explain briefly: None expected C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None expected C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: None expected C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None expected D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstan~aI~~arge~imp~rtant~r~thenvisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequataly addressed. If question D of Part II was checked yes, the determination of significance rncst evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] ~heckthisb~xify~uhaveidenth3ed~ne~rm~rnp~tenfiai~y~arge~rs~gni~cantadverssimpaotswhichMAY~ccur. ThenproceeddirectiytotheFULt EAF and/or prepare a positive declaration. [] Check this boxif you have determined, based on the information and analysis above and any supporting documentation, that the Prnposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessap/, the reasons suppo~ng this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 9/10/12 Date Supervisor litie of Respon~fficer ~ ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER PI , M Town Hall, 53095 Mare Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD , AUG 2 0 2012 August 15, 2012 L-- .......... Re: Reso ution Numbers 2012 -63'6'~[-'6-37 'FA Local Law in relation to Amendments to Chapter :1:17, Development Rights, Transfer of, in connection with "Sanitary Flow Credits". Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on August 14, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:34 P.M., Tuesday, September 11, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board Town Attorney To: Elizabeth Neville Page 1 of 3 2012-09-11 16:47:29 (GMT) 16316143540 From: John Jilnicki FAX COVER SHEET TO Elizabeth Neville COMPANY Town Clerk - Soulhold FAX NUMBER 16317656145 FROM John Jilnicki DATE 2012-09-11 16:47:05 GMT RE Local Law -Amending CHapter 117 COVER MESSAGE Attached is a letter to lhe Board with regard to the proposed amendment to Chapter 117 of lhe Town Code being heard lhis aftemoon. Please submit the same to the Town Beard. Thank you. WWW EFAX.COM To: Elizabe~J~ Neville ~ Page 2 of 3 2612-09-11 16:47:29 (GMT) John C. Jilnicki Attorney at Lave Post Office Box 1055 Remsen[~ ~rg, New York 11960 (631) 276 1834 16316143540 From: John Jilnicki q:3qpm RECEIVED SEP 11 2012 12:5'1h Southold Town Clef[ 'l'elec~)picr: (631) 614 3540 ham]ato~slawyer~_,aoL corn September 11, 2012 VIA FAX - Southold Town Clerk ~9, (631) 765-6145 Supervisorand Members of the Town Board, Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Proposed local law amending Chapter 117 of the Southold Town Code. Hearing date: September 11, 2012. Dear Supervisor and Members of the Board: I am writing to express concerns with regard to the proposed amendments to Chapter 117 being considered by the Town Board this afternoon, both in general, and with specific concern as to the impact of such legislation upon the premises of my client, Michael Pisacano, and his existing contractual rights. The proposed amendment provides at proposed Section 117-4 that "any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this Chapter" and then sets fbrth prohibitions that state "if not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited" (§ 117-4 B 1 ) and that "all transfers of smfitary flow credits fi-om or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited" (117-4 B3). This language is a clear protfibition against all transfers of sanitary flow credits from any property wittfin the Town of Southold which does not meet the Town's criteria, regardless of whether the County of Suffolk deems the property to have valid sanitary flow capacity under County Health Department regulations. If it is the intention of the Town to define the conditions trader which sanitary flow credits may be obtained from the Town's sanitary flow credit bank, thenChapter 117 should be clarified to clearly reflect that intention. If it is in-fact the intention of the Town to prohibit the transfer of all sanitary flow credits unless the donor and/or recipient properties meet this new criteria, tiffs revision will adversely impact my client's ability to transfer his approved Suffolk County sanitary flow from Iris property (SCTM 1000-113- Elizabeth.Neville · Page 3 c~f 3 2012-09-11 16:47:29 (OMT) 16316143540 From: John Jilnicki Page 2 of 2 Southold Town Board 09/11/2012 7-19.11 ) to any other property, rendering his property valueless. Mr. Pisacano is, and has been for some time, in contract tu sell his sanitary flow rights. The enactment of this prohibition would, in my opinion, constitute a regulatory taking of his property rights. The proposed prohibition, as written, is broad in its impact. In addition to the impact upon my client's property, the proposed amendment is likely to impact other properties within the Town, and its impact should be thoroughly analyzed and considered by the Board belbre moving lbrward on this amendment. I thank the Town Board for its consideration. Very truly yours, Cc: viaemail John C. Jilnicki NO, 005 P. 1 ~uperv~sor Town Hall A~nex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6.,21) 765-1939 Facsimile (631) 765-6639 OFFICE OF TI~ TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED MEMORANDUM SEP Il 2012 To: From: Date: RE: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney September 11, 2012 LL/Amendments to Chapter 117' Soufhold Town Cfer~ I am enclosing correspondence to be placed in the public record for the referenced legislation. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosure ~EP. 11,2012'"' 1:43PM N0. O05 P, 2 · Page I of 2 Andaloro, Jennifer From: Andaloro, Jennifer Sent: Tuesday, September 1 `1, 20'12 '10:58 AM To.' 'Hilbert, Walter' Cc; Finnegan, Martin Subject: RE: Town of Southold Revisions to Sanitary Flow Credit Transfer Legislation. Mr. Hi[bert, The Town Board asked that I e-mail its appreciation for the Health Department's review of the Amendments to Chapter '117 and the Board's public record will reflect that the Department of Health had no objection. ThanEs you for your assistance With this matter. Jennifer Andaloro Assistant Town Attorney Town of $outhold 54375 Route 25 (Main Road) P,O. Box 1179 Southold, NY 1197%0959 Office: (631) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; II~TER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION FrOm: Hllbert, Walter [mailto:Walter. Hilbert@suffolkcauntyny.gov] Sent; Friday, August 03, 2012 3:33 PH To: Andaloro, .lennifer Subject: RE: Town of Southold Revisions to Sanitary Row Credit Transfer Legislation. PRIVILEGED AND CONFIDENTIAl, - INTEROFFICE/INTRA-AOENCY COMMUNICATION - NOT SUB,rECT TO I;OIL DISCI,OSUP&: - NOT FOR DISTRIBUTION Jennifer, Your are correct that the Dcpartme~:t has no objection to the proposed revision to the Town's Sanitary Flow Credit proip'am. Thanks_ Walter CONFIDENTIALITY NOTICE: This electronic mail trm~.qmis~ion is intended only for the use of the 9/11/2012 9EP, 11,2012" 1:43PM NO, O05 P. 3 Page 2 of 2 iaclg'idual or enti~' to whid~ it is addressed and may contain confidential/nforma'fion belonging to the sender which ~ p~tected by ~e attorney-client pillage. If you ~e not 'the intended ~ipient, you are hereby notified that al~y d~elosure, copying, dis~bufion, or ~e tak~g of any acffo~ in ~qianee on ~e contents of thLs information is strictly prohibited, If yon have received this transmi~ion in e~or, please noti~' the sender ~xmedia~by e-mail and delete the ori~nfl me~age. . F~m~ ~ndaloro, 3ennifer [mail~:jennif~.andalom~wn.southol&n~.us] ~nt~ ~umdayr July 26, 2012 10:24 ~ $obj~ Town of Southold Revisions to $an~ Row Credit Transfer L~islation. Mr. Hilbert, I spoke with Craig Nepper this afternoon regarding the status of the Department's review of the Town's proposed amendments to its Sanitary Flow Credits Transfer legislation (Chapter 117 of the Town Code). Mr. Nepper informed me that the Department had not objections to the proposed revisions and that he verbally confirmed this with you. If Possible, and to protect the Town from any allegations that the Town acted procedurally improper, it would be greatly appreciated if you could send me a quick one line e-mail stating that the Department has reviewed and has not objection to the proposed revisions so that I can document my file, Many ~hanks, Jennifer Andaloro Assistant Town Afforney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY' 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 9/11/2012 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@tewn.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southotd.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.tiulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD June 6,2012 RECEIVED JUN 7 2012 $outhold Town Clerk Suffolk County Department of Heath Services 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 Attention: Mr. Walter Hilbert, Chief Engineer RE: Town of Southold Proposed Code Amendment/Sanitary Flow Credits Dear Mr. Hilbert: On March 28, 2012, this office forwarded a copy of the Town's proposed local law amending Chapter 117 of the Town Code entitled "Transfer of Sanitary Flow Credits," for your review and comment. An additional copy of the letter and proposed law are attached for your convenience. The Town would like to schedule its public hearing on this local law on or before July 3, 2012. Please advise if the Department will be able to complete its review on or before that date. Thank you for your attention. JNIk Enclosures cc: Members of the Town Board Ms. Elizabeth A. Neville, Town Clerk Steveu B¢llon¢ Department of Economic Development aad Planoing Joanne Minieri Deputy County Executive and Commissioner RECEIVED SEP 1 Southold Town Clerk Division of Planning and Environment September 5, 2012 Town of Southold P.O. Box 1179 Southold, New York 11935 Att: Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution NOS.: Public Hearing Date: S.C.P.D. File No.: Town of Southold Amendment: Chapter 117 "Development Rights in Connection with Sanitary Flow Credits" 2012- 636 & 637 9/11/12 SD-12-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, APF:mc Sarah Lansdale Director of Planning Andrew P. Freleng Chief Planner H. LEE DENNISON BLDG · t00 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY t1788-0099 · (63t) 853-6t91 0~05/~0~ 10~47 6~1~855-4044 S C PLANING DEPT Steven Bel]one Department nf Economic Development and Planning Jnanne Minieri Deputy County Executive and Commissioner PAGE 02 RECEIVED $outhold Town Clerk Division of Planning and Environment September 5, 2012 Town of Southold P.O. Box 1179 Southold, New York 11935 Att: Elizabeth A. Neville, Clerk Applicant: Zoning Act{on: Resolution NOs.: Public Hcariug Date: S.C.P.D. File No.: Town of $outhold Amendment: Chapter 117 "Development Rights in Connection with Sanitary Flow Credits" 2012- 636 & 637 9/11/12 S D- 12-LD Dear Ms, Neville: Pursuant to the requirements of Sections A 14-14. to A 14-25 of the Suffolk County Administrative Code, the above referenced applicatioa which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approva or disapproval. Very truly yours APg:mc Sarah Lansdale Director of Planning Andrew P. Freleng Chief Planner H. LEE DEHNI~ION BLDG I~ 160 VETERAN'; MEMOR;AL HWY, 4th FI · P,O. nO)[ 6100 · HAUPPAUGE, NY 11788.0099 I (631) 853-5191 Suffolk CounO~ Department of Economic Development and Planning Division of Planning and Environment Sarah Lansdale, Director P.O. Box 6100 Hauppauge, New York 11788 Phone:(631-853-5191) Fax: (631-853-4044) [FAX TRANSMISSION COVER SH~ETI YOU SHOULD RECEIVE o~ PAGE(S), INCLUDING THIS COVERSHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (63'1) 853-5191. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 15, 2012 Re: Resolution Numbers 2012 -636 & 637 "A Local in relation to Amendments to Chapter 1~.7, Development Rights, Transfer of, in connection with "Sanitary flow Credits". Andrew P. Freeling, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on August 14, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning 8oard for their review. The date and time for this public hearing is 4:34 P.M., Tuesday, September 11, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold Town Clerk Enclosure cc: Town Board Town Attorney PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH Ill MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: From: Date: Elizabeth A. Neville, Town Clerk Donald J. Wilcenski, Chairman"~ August 28, 2012 Southold Town Clerk Re; Resolution Numbers 2012-"636 & 637: "A Local Law in Relation to Amendments to Chapter 117, Development Rights, Transfer of, in connection with "Sanitary Flow Credits." Thank you for the opportunity to provide comments on the proposed amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the code amendment. CC: Scott Russell, Town Supervisor Members of the Town Board Town Attorney ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August :15, 20:12 Re: Resolution Numbers 20:12 -636 & 637 "A Local Law in relation to Amendments to Chapter :1:17, Development Rights, Transfer of, in connection with "Sanitary Flow Credits". Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 1:1971 Dear Mr. Wilcenski: The Southold Town Board at their regular meeting held on August :14, 2012 adopted the resolutions referenced above. Certified copies are enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 4:34 P.M., Tuesday, September 11, 2012. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, $outhold lown Clerk Enclosure cc: Town Board Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board ~// From: Mark Terry, Principal Planner LWRP Coordinator Date: September 10, 2012 Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 117, Development Rights, Transfer of~ in connection with Sanitary Flow Credits" The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town BOard shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney #10834 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_!_ week(s), successfully commencing on the 30th day of Au,qust, 2012. Sworn to before me this  Principal Clerk '~ dayof /t'~ 2012. ~ -i ~ ~Towa et Soua~d, SuffoE ~, Y~k,~ ~e ~ ~ ~ ~ Mo~ s~y, ~e ~en~ ~ · e a~b~ of ~e ~ter ~d ~ ~ ~ BO~ ~ ~ OF SO~O~ E~ A. Ne~e CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01VO6105050 Quallfle~ In Suffolk County My Commission Expires February 28, 2016 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the Z~-/~ day of~2~.,(~, 2012, she affixed a notice of which the annexed printed notice is a tree copy, i~ a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Chapter 117 PH 9/11/12 Sworn before me this /d" day of ,~ ,2012. N(~tary P~bli~ LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01OO4822563, Suffolk Cou: Term Expires December 31, 20 ~r Elizabeth A.~Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development RightsT Transfer ofT in connection with Sanitary Flow Credits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117T Development RightsT Transfer ofT in connection with Sanitary, Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117 Development Rights~ Transfer ofT in connection with Sanitary, Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: {}117-1. D ......... a :_,~, Title. This chapter shall be known as the "Transfer of Sanitary Flow Credits" {}1174 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a 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, if certain conditions are present, 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 ...... v ....... v ......... .may sanitary flow credits shall not occur in the Town of Southold. §117-~ 3. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF DEVELOPMENT PdGHTS SANITARY FLOW CREDITS - The process by which d~ sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. {}117-3 4. ~"""~- · -.v v ... -- .* ---~,---*D:--k+~ ~ank Applicability and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §117-3_5. Development Rights Bank. The Town hereby establishes a Trangfz~zd Deve!c?me:'X P,/g~ts Sanitary Flow Credit Bank (TDR SFC Bank) in which ~ sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~ sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales of &~pm~ sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. The lands from which d~opm~a~t4gh~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §117-4 6. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall he determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold purguar2 t~ thug chapter must pass through the TDR SFC Bank. A. Designation of sending and receiving districts. The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-5 7. Determination of sanitary flow credit to be deposited into TDR SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the soume of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-68. Irreversible transfer. No ~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ~ sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. §117-79. Procedure for transfer of ~c;'c!e, pmcn', r[~,~t sanitary flow credit from the TDR SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a devetopme~qght sanitary flow credit to such parcel by proceeding in the manner set forth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of ac;'c!zpmerX rights sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. .... :n~ ............ '~ ~:~*~:~'~ :' ....... Sanitary flow credits shall not be transferred out of the school, special assessment or tax districts tmless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit may reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following the public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-810. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-9 11. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attorney, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §11740 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. §11744 13. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be returned to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. §1174~ 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall he returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: August 14, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk Copies of full text to: Website Town Attorney Planning Bd Building Dept Page 1 of 1 Cooper, Linda From: Reisenberg, Lloyd Sent: Thursday, August 16, 2012 11:17 AM To: Cooper, Linda Subject: RE: Posting Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Emaih Iloyd. reisenberq~,town.southold, ny. us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Cooper, Linda ~ent: Wednesday, August 15, 2012 11:06 AM To: Reisenberg, Lloyd Subject: When you get an opportunity, please post on website. Thank you Lthda ,T. Cooper Deputy Town Clerk Town of Southold 631-765-1800 L~fe may not be the pa, fy we hoped for, but as long as we are here, we might as well dance! The difference beb/veen try and tdumph is a little "umph"! 8/16/2012 Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Thursday, August 16, 2012 10:29 AM To: Cooper, Linda Subject: RE: LEGAL NOTICE for Suffolk Times Chpt 117 PH 9-11-12 Hi Linda, I have received the notice and we are good to go for the 8/30 issue. Thanks and have a great Thursday! Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Wednesday, August 15, 20].2 :[:[::[1 AM To: tr-legals Subject: LEGAL NOT[CE for Suffolk Times Chpt :[].7 PH 9-].].-12 Good morning! Please confirm receipt of 2 attached legal notices of Public Hearings for th 8/30 edition of the Suffolk Times. Thank you and have a great day. Icoop 8/16/2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of August 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer of, in connection with Sanitary Flow Credits" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local law at Southold Town hall, 53095 Main Road, Southold, new York, on the 11th day of September 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The intent of the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary Flow Credits" is to clarify the Sanitary Flow Credit Transfer Program. More specifically, the amendments to Chapter 117 change the title of the chapter from "Development Rights, Transfer of" to "Sanitary Flow Credits". Further, every reference within the chapter to "Development Right" has been changed to "Sanitary Flow Credit". The proposed local law also clarifies the applicability of the chapter and sanitary flow credit transfers that are not permitted in the Town of Southold, which are set forth in Section 117-4. The full text of the proposed local law is available for review in the Town Clerk's office and on the town's website: southoldtown.northfork.net Dated: August 14, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk PLEASE PUBLISH ON August 30~ 2012 AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971 Copies to: The Suffolk Times TC Bulletin Board Town Board Town Attorney Copies of full text to: Website Town Attorney Planning Bd Building Dept SUMMARY OF LL/AMENDMENTS TO CHAPTER 117 SANITARY FLOW CREDITS THE PROPOSED LOCAL LAW THAT IS BEING SCHEDULED FOR PUBLIC HEARING THIS EVENING AMENDS CHAPTER 117 ENTITLED "DEVELOPMENT RIGHTS, TRANSFER OF", THE INTENT OF WHICH IS TO CLARIFY THE SANITARY FLOW CREDIT TRANSFER PROGRAM. MORE SPECIFICALLY, THE AMENDMENTS TO CHAPTER 117 CHANGES THE TITLE OF THE CHAPTER FROM "DEVELOPMENT RIGHTS, TRANSFER OF" TO "SANITARY FLOW CREDITS". FURTHER, EVERY REFERENCE WITHIN THE CHAPTER TO A "DEVELOPMENT RIGHT" HAS BEEN CHANGED TO "SANITARY FLOW CREDIT". THE TOWN HAS ALSO CLARIFIED THE APPLICABILITY OF THE CHAPTER AND SANITARY FLOW CREDIT TRANSFERS THAT ARE NOT PERMITTED IN THE TOWN, WHICH ARE SET FORTH IN SECTION 117-4. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. Page I of 1 Cooper, Linda From: Krauza, Lynne Sent: Wednesday, August 15, 2012 9:27 AM To: Cooper, Linda Cc: Finnegan, Martin Subject: FW: Chptr 117 Legal Notice Attachments: Narrative 117 Amends.doc Hi Linda, Here is our summary of this legislation for your use. Lynne From: Finnegan, Hartin Sent: Wednesday, August 15, 2012 09:23 To: Krauza, Lynne Subject: FW: Chptr 117 Legal Notice Can you please send narrative to Linda. From: Cooper, Linda Sent: Wednesday, August 15, 2012 9:02 AM To: Finnegan, Martin Subject: Chptr 117 Legal Notice I hate to have to put the whole chapter 117 in the legal notice of PH. Did Jen do a synopsis of the reso setting the PH and if so would it be okay if I used it for the legal notice and let everyone know full text is available at TC office or on web site? L/ada ,?.. Cooper' Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we m~ght as well dancer The difference between try and triumph is a little "umph ? 8/15/2012 RESOLUTION 2012-637 ADOPTED DOC ID: 8066 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-637 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to Amendments to Chapter 117~ Development Rights~ Transfer oft in connection with Sanitary Flow Credits" to the Suffolk Count~ Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell (~ RESOLUTION 2012-636 ADOPTED DOC ID: 8065 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-636 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2012: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14t~ day of August, 2012, a Local Law entitled "A Local Law in relation to Amendments to Chapter 117t Development Rightst Transfer oft in connection with Sanitary Flow Credits" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of September, 2012 at 4:34 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 117~ Development Rightst Transfer oft in connection with Sanitary Flow Credits" reads as follows: LOCAL LAW NO. 2012 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 117t Development Rights~ Transfer oft in connection with Sanitary Flow Credits". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 117 of the Code of the Town of Southold is hereby amended as follows: ............ Title. §117-1. Pt:rp~.:e ~a :~,~-, · This chapter shall be known as the "Transfer of Sanitary Flow Credits" {}1174 2. Purpose and intent. As set forth in numerous comprehensive planning documents, the Town's goals include the preservation of open space, agricultural lands and recreational landscapes; preservation of the rural, cultural, and historic character of the hamlets and surrounding countryside; preservation of the natural environment and prevention of further deterioration of resources; preservation and promotion of a broad range of housing and business opportunities to support a 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, if certain conditions are present, and thereby transfer development potential from areas designated for preservation to areas designated as more appropriate for higher-density residential development. Unless expressly permitted here~n, the transfer of ...... v ....... v ............. a sanitary flow credits shall not occur in the Town of Southold. §117-~ 3. Definitions. Resolution 2012-636 Board Meeting of August 14, 2012 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). TRANSFER OF ...................... SANITARY FLOW CREDITS - The process by which d~ sanitary flow credits are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts. §1174_4...n""A'., --vr----.'r':-"'°- ---s---- Egn!= Applicability and general prohibition. A. Applicability. Any and all sanitary flow credit transfers within the Town of Southold shall be in accordance with this chapter. B. General Prohibitions. If not expressly permitted within this chapter, the transfer of sanitary flow credits is prohibited. All transfers of sanitary flow credits from parcels located outside the Town of Southold boundaries are prohibited. All transfers of sanitary flow credits from or to properties that are not recognized pursuant to §280-9 of the Town Code or that do not contain sufficient "Buildable Land" area, as defined in §280-4 of the Town Code are prohibited. §11745. Development Rights Bank. The Town hereby establishes a Transferred Dg;'c?,~ment Pdghts Sanitary Flow Credit Bank (TDR SFC Bank) in which dcvglc, Fme, nt r':g~t: sanitary flow credits may be received, retained and sold by the Town Board in the best interests of the Town. All ~ sanitary flow credits transferred into the bank must first be accepted by Town Board resolution in accordance with the terms of this chapter. All receipts and proceeds from sales ofd~ rig~Xs sanitary flow credits sold from the Town bank shall be deposited into a special municipal account known as the "Community Preservation Fund," to be used in a manner specified in Chapter 17 of the Town Code. The only development right that may be transferred into and out of the TDR SFC Bank is a sanitary flow credit. The lands from which ~ sanitary flow credits to be transferred into the bank were acquired shall remain preserved in perpetuity by a permanent conservation easement or other instrument that similarly preserves community character as defined and Updated: 8/14/2012 2:14 PM by Lynne Krauza Page 2 Resolution 2012-636 Board Meeting of August 14, 2012 set forth in the definition of "community preservation" in Chapter 17 of the Town Code. The easement or other document shall be in a form approved by the Town Attorney. §117-46. Sanitary flow credit transfer. The sanitary flow credit transfer will allow the Town to bank sanitary flow credits from preserved land in the TDR SFC Bank, and later sell those credits for use exclusively in connection with affordable housing. The sale price of the credits shall be determined by resolution of the Town Board, and shall consider such factors as the appraised value of the sanitary flow credit and the public benefit provided to the community. All transfers of Sanitary Flow Credits within the Town of Southold purguant t,~ th~: ~ha~ter must pass through the TDR SFC Bank. A. Designation of sending and receiving districts. The sending district shall be any zoning district in the Town of Southold that is not defined as a receiving district. (2) The receiving district shall be any lands designated Business (B), Hamlet Business (HB), Residential Office (RO), or land designated as Affordable Housing District (AHD) after March 1, 2005. Designation of development rights. A development right for the purposes of this chapter, shall be limited to a sanitary flow credit. §117-57. Determination of sanitary flow credit to be deposited into TDR SFC Bank. Upon receipt of a contract (executed by the seller) for the Town's acquisition of a parcel of property or the development rights thereon, and prior to the public hearing on the purchase, the Land Preservation Coordinator shall provide to the Town Board a calculation of the sanitary flow credits available, subject to survey, for transfer from the parcel of property upon the closing of the contract in accordance with its terms. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR SFC Bank by resolution of the Town Board, which resolution shall set forth the number of sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log detailing the credits transferred into the bank, as provided by the Land Preservation Coordinator in a form approved by the Town Board. The Town Clerk shall forward the resolution to the Tax Assessor's office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. §117-68. Irreversible transfer. No ~ sanitary flow credits shall be transferred back to the sending parcel once the development rights have been transferred. No ~ sanitary flow credits may be transferred out of a parcel which has previously had all of its development rights extinguished Updated: 8/14/2012 2:14 PM by Lynne Krauza Page 3 Resolution 2012-636 Board Meeting of August 14, 2012 under the Town of Southold, Suffolk County or New York State acquisition of development rights program or other easement, transfer, restrictive covenant or otherwise. {}117-7- 9. Procedure for transfer of ...... ~. ....... - --s-.* samtary flow credit from the ~ SFC Bank to receiving district. Upon application of the owner of an individual parcel in a receiving district, the Town Board may permit the transfer of a devetopment-r4g~ sanitary flow credit to such parcel by proceeding in the manner set forth below: Notice to adjacent property owners shall be given by the applicant in the same manner as set forth in § 280-159 relating to change of zone applications. The Town Board, before publishing notice for a public hearing, shall comply with all State Environmental Quality Review Act (SEQRA) requirements, and costs associated with review shall be paid by the applicant. The Town Board, before publishing notice for a public hearing, shall, in a written request, instruct the Town Planning Board and the Building Inspector to prepare an official report regarding the proposed transfer, including the Planning Board recommendations. The Building Inspector report shall certify the use in the zone proposed and comment on the proposed project. The Planning Board report and recommendations shall consider the factors set forth in § 117-7E below. The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed transfer and cause at least 10 days' notice of such hearing to be published in the official newspaper. Before the transfer of~c;'c,!,~pmerX right: sanitary flow credits may be authorized to any receiving district, the Town Board shall determine, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, that the district contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences, and that such increased development is compatible with comprehensive planning and the development otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district. ............ · .v n:.,~:~,. : ..... itary fl ............. , .............. , ...... : not San ow credits shall not be transferred out of the school, special assessment or tax districts unless the Town Board determines that there is no other available lot within said district to which a sanitary flow credit ma,/ reasonably be transferred and that the transfer does not unreasonably transfer the tax burden between the taxpayers of such districts. Following thc public hearing, the Town Board may by resolution authorize the transfer of sanitary flow credits. The resolution shall state that the applicant shall receive a sanitary flow credit certificate, which shall not be signed by the Supervisor and released by the Updated: 8/14/2012 2:14 PM by Lynne Krauza Page 4 Resolution 2012-636 Board Meeting of August 14, 2012 Town Clerk to the applicant until the covenants and restrictions as set forth at § 117-9 have been filed and such filing has been approved by the Town Attorney. §117-8 1_.~0. Sanitary flow credit certificate. An applicant must obtain and present a sanitary flow credit certificate to the Building Department prior to receiving a building permit. The sanitary flow credit certificate shall state the specific use for the transferred credit and may be used only for construction of the project listed on the certificate. The Town Clerk shall maintain a log detailing the sanitary flow credit certificates that have been issued by the Town Board, and such log shall contain the source and location of the transferred credit. The Town Clerk shall provide notice of the issuance of a sanitary flow credit certificate to the Town Attorney, Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department. §117-9 1._~1. Covenants and restrictions. Following the Town Board resolution granting a transfer of a sanitary flow credit to a recipient pursuant to the procedures set forth in this chapter, the applicant shall file in the office of the Suffolk County Clerk covenants and restrictions in a form approved by the Town Attorney. The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to ensure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to eligible individuals registered with the Town of Southold Housing Registry. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of Southold pursuant to the provisions of Chapter 34, Housing Fund, and §§ 280-24 through 280-33 (AHD), and the sale and/or lease price shall be set by resolution of the Town Board. A copy of the filed covenants and restrictions must be filed with the Town Clerk within 30 days of the approving resolution. No sanitary flow credit certificate shall be issued until the covenants and restrictions have been filed and such filing has been approved by the Town Attorney. The Town Clerk shall forward the covenants and restrictions to the Town Attomey, Tax Assessor's Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database. §11740 12. Revocation. Failure to comply with any of the requirements set forth in this chapter may result in revocation of the transferred sanitary flow credit. A sanitary flow credit may be revoked by Town Board resolution, following a public hearing, after 10 days' written notice of the hearing, by personal service or certified mail, has been given to the property owner. Updated: 8/14/2012 2:14 PM by Lynne Krauza Page 5 Resolution 2012-636 Board Meeting of August 14, 2012 {}117 11 1.~3. Expiration. Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire and be mturued to the bank one year after transfer if the dwelling unit has not been issued a certificate of occupancy, unless an extension of time has been requested by the property owner and granted by the Town Board. A request for an extension of time shall be made one month in advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in §117-8D. §117-~ 14. Return of credit. In the B, HB or RO Zoning District, a property owner may apply to the Town Board to return the transferred sanitary flow credit to the bank and extinguish the affordable housing covenants and restrictions applicable to the property. The Town Board shall hold a public hearing on the application, and notice shall be given in accordance with Chapter 55, Notice of Public Hearings. A sanitary flow credit shall be returned to the bank by resolution of the Town Board, and notice thereof shall be given by the Town Clerk to those Town departments referenced in § 117-8D. II. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE. This chapter shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Updated: 8/14/2012 2:14 PM by Lynne Krauza Page 6