HomeMy WebLinkAboutTOR RES 637 s
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Office of the Town clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics _ Records Management Officerg
Marriage Officer
September 4, 2018
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution ado the
Riverhead Town Board. Kindly please sign and email back to the Riverhead Town C189%, 20
Wilhelm at ff.townofriverhe,adn or by fax at 631-208-4034.
SEP 5
Signature: .. _. Date:
1
Town Board Meeting August 7, 2018 2:00 PM Southold Town Clerk
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on August 7, 2018
#15-Resolution #637-ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED, "ZONING
AND LAND DEVELOPMENT" TO ADD ARTICLE XLII, TRANSFER OF DEVELOPMENT RIGHTS
OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
( , A�44L--
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue — Riverhead, New York 11901-- (631)727-3200 Ext. 260 — Fax (631)208-4034
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------------
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 4, 2018
1
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on August 7, 2018
#15-Resolution #637-ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED, "ZONING
AND LAND DEVELOPMENT" TO ADD ARTICLE XLII, TRANSFER OF DEVELOPMENT RIGHTS
OF THE CODE OF THE TOWN OF RIVERHEAD
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 4, 2018
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution adopted by the
Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane
Wilhelm at wiIhelm 6E0ownofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting August 7, 2018 2:00 PM
ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead
Town Board at a Regular Town Board meeting on August 7, 2018
#15-Resolution #637-ADOPTS A LOCAL LAW TO AMEND CHAPTER 301 ENTITLED, "ZONING
AND LAND DEVELOPMENT" TO ADD ARTICLE XLII, TRANSFER OF DEVELOPMENT RIGHTS
OF THE CODE OF THE TOWN OF RIVERHEAD
Sincerely,
hu� � . �
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901 (631)727-3200 Ext. 260 - Fax (631)208-4034
08.07.2018 ADOPTED
180637
TOWN OF RIVERHEAD
Resolution # 637
ADOPTS A LOCAL LAW AMENDING CHAPTER 301 ENTITLED "ZONING AND
LAND DEVELOPMENT" TO ADD ARTICLE XLI1, TRANSFER OF DEVELOPMENT
RIGHTS OF THE CODE OF THE TOWN OF RIVERHEAD
Councilwoman Giglio offered the following resolution,
which was seconded by Councilman Hubbard
WHEREAS, by Decision and Order dated April 18, 2018, the Appellate Division,
Second Department declared that the Transfer of Development Rights Local Law was
void and unenforceable and that the Town of Riverhead had failed to comply with the
referral requirements of General Municipal Law § 239-m; and
WHEREAS, by resolution 493, adopted on June 19, 2018, the Town Clerk was
directed to transmit the entire final text, maps and zoning attachment of the Transfer of
Development Rights Local Law to the Suffolk County Planning Commission; and
WHEREAS, by resolution 493, adopted on June 19, 2018, the Town Clerk was
authorized to publish and post a public notice to hear all interested persons to consider
a local law to amend former Chapter 108 entitled,"Zoning"of the Riverhead Town Code
(Town Code") to add Article XXXXVI, Transfer of Development Rights; and
WHEREAS, by letter dated June 28, 2018, the Suffolk County Planning
Commission notified the Town of Riverhead that the proposed local law consisting of
the entire final text, maps and zoning attachment of the Transfer of Development Rights
Local Law was a matter of local determination
WHEREAS, a public hearing were held on the 17th day of July 2018 at 6:15
o'clock p.m. at the Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be heard
were heard; and
WHEREAS, the map and text were published and made part of the public
hearing held on the 17th day of July 2018.
NOW THEREFORE BE IT RESOLVED,the Town Clerk is hereby authorized to publish the
attached public notice to consider a local law to amend Chapter 301 entitled,"Zoning and Land
Development"of the Riverhead Town Code once in the August 16,2018 issue of the News-Review
Newspaper,the newspaper hereby designated as the official newspaper for this purpose,and also
to cause a copy of the proposed amendment to be posted on the sign board of the Town; and
be it further
RESOLVED,all Town Hall Departments may review and obtain a copy of this resolution
from the electronic storage device and if needed, a certified copy of same may be obtained from the
Office of the Town Clerk.
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
THE VOTE
Kent ®Yes ❑No Hubbard ®Yes ❑No
Giglio ®Yes ❑No Wooten ®Yes ❑No
Jens-Smith ®Yes ❑No
The Resolution Was ® Thereupon Duly Declared Adopted
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
TOWN OF RIVERHEAD NOTICE
OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead adopted
a local law amending Chapter 301, entitled "Zoning and Land Development"of the
Riverhead Town Code. at its regular meeting held on August 7, 2018.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 301
Zoning and Land Development
Part 2. Districts
Ft'Gle X.LII. TFansfeF of DevelepmeRt Rights
§ 304 40,60. authGFity.
This aFtiGle is adopted pur-swaRt te § 261 a of the New YeFk State Town Law and the TGWR
§ 261 a are heFeby adopted. The Riverhead TewR BeaFd hereby designates tll--
development rights nrograrrm as sot forth heFein
§ 301 Inn Definiti�r,
this Ghontor. shall apply to this arFinle
:
301 201-intent and
eGGRGFniG development of the GGMMunit)�.-
§301 202. TFanfor of rdeye!Gnment rights map
e E)f the New York Town Law,
the relevant sendiRgand FeGeiViRg diStFiGtS Gf the Town of Riverhead TDR Law shall be these aFeas speGifiGa!Jy
Plan adopted by the RiveFhead T-E)WR Beard by reselUtiE)R dated NGVeMbeF 3,
•
§ 301 203. PFOGed pro for designating sending and reGeiVing distrintS
s
the Town Beard shall determine:
(1) That thin Wand r--e...... -WiGultuFAI 1--prime agFiGUIWIF—Al c-zm-;IR- er E)theF Ratural
features identified for nrotontion
o ef� New YGFk State Law.
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
(3) That the rules and regulations promulgated pwsuaRt te the State ERViFeni:Rental
Quality Review AGt (SF=QRA) have beeR GGFnplied with,
determine•
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Quality Review Ant (SF=QRA) have beeR .nplie wit
v 301 204 Desinnatinn of sending dio+rin+
A AgriG fltf fre Dryt8Gt GR (APZ)Z=�niRg Use Ili + 'trY
§ 301 205 nesinne+inn of reseiyinr/ rlis+Fitt+
PuFsuaRt tO § 301 202 of this
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ec receiving r,iQtriGts•
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Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
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Article XLII. Transfer of Development Rights
§ 301-199. Statutory authority.
This article is adopted pursuant to$ 261-a of the New York State Town Law and the Town
of Riverhead Comprehensive Plan.All of the powers and conditions set forth in Town Law
§ 261-a are hereby adopted. The Riverhead Town Board hereby designates the
Riverhead Planning Board as the Town body authorized to implement the transfer of
development rights program as set forth herein
§ 301-200. Definitions.
In addition to the definitions provided in Town Law § 261-a the definitions in § 301-3 of
this chapter shall apply to this article.
§ 301-201. Intent and purpose.
It is the intent and purpose of this article to implement the land use policies set forth in
the Town of Riverhead Comprehensive Plan with specific reference to protection of the
lands located within the Agriculture Protection Zone(APZ) the preservation of agricultural
lands, the support of the existing agricultural industry, and the necessary and appropriate
economic development of the community.
§ 301-202. Transfer of development rights map
Pursuant to $ 261-a, Subdivision 2b of the New York Town Law, the relevant sending
and receiving districts of the Town of Riverhead TDR Law shall be those areas specifically
mapped in accordance with the stated goals of the Town of Riverhead Comprehensive
Plan adopted by,the Riverhead Town Board by resolution dated November 3 2003
§ 301-203. Procedure for designating sending and receiving districts
A. Sending district. Prior to mapping a sending district the Town Board shall determine:
(1) That the land consists of agricultural use or prime agricultural soils or other natural
features identified for protection.
(2) That the sending district is consistent with a Comprehensive Plan pursuant to § 272-
a of the New York State Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental
Quality Review Act (SEQRA) have been complied with.
B. Receiving district. Prior to mapping a receiving area the Town Board shall
determine:
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
(1) The effects of potential increased development which is possible under transfer of
development rights, including the requirements that the receiving district contains
adequate transportation water supply, waste disposal and fire protection that there
will be no significant environmentally damaging consequences and that such
increased development is compatible with the development otherwise permitted by
any municipality or agency thereof having "urisdiction to approve permissible
development within the district.
(2) That the receiving district is consistent with a Comprehensive Plan pursuant to
272-a of the Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental
Quality Review Act (SEQRA) have been complied with.
§ 301-204. Designation of sending districts.
Pursuant to � 301-202 of this article, the Town Board shall be authorized to establish
specifically mapped lands in accordance with � 261-a Subdivision 2b The followina
zoning use district is hereby mapped as a sending district:
A. Agriculture Protection (APZ) Zoning Use District.
301-205. Designation of receiving districts.
Pursuant to� 301-202 of this article, the following zoning use districts are hereby mapped
as receiving districts:
A. Residence A-80 (RA80) Zoning Use District.
B. Residence A-40 (RA40) Zoning Use District.
C. Hamlet Residential (HR) Zoning Use District.
D. Retirement Community (RC) Zoninq Use District.
E. Business Center (BC) Zoning Use District.
F. Shopping Center (SC) Zoning Use District.
G. Destination Retail Center (DRC) Zoning Use District.
H. Commercial/Residential Campus (CRC) Zoning Use District.
I. Business F Zoning Use District.
J. Planned Recreational Park (PRP) Zoning Use District.
� 301-206. Procedures for severing development rights.
A. Preservation credit certificate. A property owner may request preservation credit
certificates from the Planning Board by submission of the following:
(1) A completed preservation credit certificate application form to be supplied by the
Planning Board;
(2) Property survey showing existing conditions certified to the Town of Riverhead and
the area to be preserved;
(3) Current title commitment prepared by a company licensed to do business in the
County of Suffolk and noting the Town of Riverhead as proposed insured,•
(4) Copy of deed;
(5) Legal description of the area from which rights are to be severed;
(6) Copy of tax bill;
(7) Fee of$500.
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
B. Upon the recording of the conservation easement in the office of the County Clerk or
submission of the conservation easement to the Planning Board in recordable form
encumbering all or part of a sending parcel and the provision of evidence of same to the
Planning Board together with a current title insurance policy showing title insurance
acceptable to the Planning Board in an amount equal to the value of the conservation
easement and naming the Town of Riverhead as an insured, the Planning Board shall
issue a preservation credit certificate certifying that the holder is entitled to a specific
number of preservation credits. Fractional credits may be issued by the Planning Board.
301-207. Allocation of preservation credits.
When an application for the allocation of preservation credits is made to the Planning
Board, such Board shall calculate the total number of credits upon the real property within
a designated sending area using a development yield factor. Development yield is
established by multiplying the gross area of the parcel by the relevant development yield
factor for the sending district. The development yield factor for all mapped sending areas
shall be one right per 43,560 square feet of unimproved real property, except that no
allocation of preservation credits shall be made for the following_
A. Real property from which rights have been previously purchased or transferred.
B. Real property improved with any structure not an agricultural structure as defined
herein, or any improvement, including golf courses.
--- __- ---- —-arce s o _property less than seven acres in size.-
D. Any land concerning which the Planning Board determines that the severing of
development rights therefrom would be inconsistent with the goals and objectives
set forth in the Comprehensive Plan.
301-208. Redemption of preservation credits.
Preservation credits may be used to increase the development yields within mapped
receiving areas according to the procedures set forth herein. In its determination of the
total development yield of a particular property upon which development rights are to be
applied, the Planning Board shall consider the extent of natural features existing on the
site, including, but not limited to, water surfaces, tidal wetlands, freshwater wetlands,
horizontal area of escarpments, bluffs, woodlands and beaches below mean high water.
A. Residence A-80 (RA80) Zoning Use District. Preservation credits may be used to
increase lot yield within the RA80 Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 40,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the RA80 Zoning Use District utilizing preservation credits, the
Planninq Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
B. Residence A-40 (RA40) Zoning Use District. Preservation credits may be used to
increase lot yield within the RA40 Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 20,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the RA40 Zoning Use District utilizing preservation credits, the
Planning Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
C. Hamlet Residential (HR) Zoninq Use District. Preservation credits may be used to
increase lot yield within the HR Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 40,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the HR Zoning Use District utilizing preservation credits the
Planning Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
D. Retirement Community (RC) Zoning Use District. Preservation credits may be used
to increase the development yield associated with site plan applications made to the
Town Board pursuant to Article VIII, Residence RC (RC) Zoning Use District of this
chapter. In its review and approval of such site plan applications the Town Board
may increase the allowable development yield at a rate of one dwelling unit per
preservation credit redeemed not to exceed four dwelling units per 40,000 square
feet. In its review and approval of subdivisions within the RC Zoning Use District
utilizinq preservation credits, the Planning Board shall condition the final map
approval upon the redemption of the appropriate number of credits with the
signature and recording of the subdivision predicated upon the redemption and
retiring of the appropriate number of preservation credits.
E. Commercial/Residential Campus (CRC) Zoning Use District. Two-familv residences
shall require a lot of 40,000 square feet and shall employ the use of one
preservation credit for the second dwelling unit. However, in no instance shall the
number of dwelling units exceed two dwelling units per 40,000 square feet after
subtracting for that land area required for infrastructure and public improvements. In
its review and approval of subdivision within the CRC Zoning Use District utilizing
preservation credits, the Planninq Board shall condition the final map approval upon
the redemption of the appropriate number of credits, with the signature and
recording of the subdivision predicated upon the redemption and retiring of the
appropriate number of preservation credits.
F. Business Center (BC) Zoning Use District. Preservation credits may be used to
increase the development yield associated with site plan applications made to the
Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review
and approval of such site plan applications, the Town Board may increase the
allowable development yield at a rate of an additional 1,500 square feet of floor area
per preservation credit redeemed to a maximum 0.3 floor area ratio.
G. Shopping Center (SC) Zoning Use District. Preservation credits may be used to
increase the development yield associated with site plan applications made to the
Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review
and approval of such site plan applications, the Town Board may increase the
allowable development yield at a rate of an additional 1,500 square feet of floor area
per preservation credit redeemed to a maximum 0.3 floor area ratio.
H. Destination Retail Center (DRC) Zoning Use District. Preservation credits may be
used to increase the development yield associated with site plan applications made
to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its
review and approval of such site plan applications, the Town Board may increase
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
the allowable development yield at a rate of an additional 1,500 square feet of floor
area per preservation credit redeemed to a maximum 0.3 floor area ratio
I. Business F Zoning Use District. Preservation credits may be used to increase the
development yield associated with site plan applications made to the Town Board
pursuant to Article LVI Site Plan Review, of this chapter. In its review and approval
of such site plan applications, the Town Board may increase the allowable
development yield at a rate of an additional 1,500 square feet of floor area per
preservation credit redeemed to a maximum of 0.3 floor area ratio
J. Planned Recreational Park (PRP) Zoning Use District Preservation credits may be
used to increase the development yield associated with site plan applications made
to the Town Board pursuant to Article LVI Site Plan Review, of this chapter. In its
review and approval of such site plan applications the Town Board may increase
the allowable development yield at a rate of an additional 1,500 square feet of floor
area per preservation credit redeemed to a maximum of 0.2 floor area ratio
301-209. Administration.
The Planninq Board shall be the sole administrator of the procedures and functions
associated with this article. The Planning Board shall:
A. Issue preservation credit certificates upon the recording of appropriate easements;
B. Keep records of, retain and catalogue both issued and redeemed preservation
credits certificates in a Town-managed database;
C. Prepare and distribute an annual report providing statistics on TDR program activity'
D. Discontinue the redemption of preservation credits for residential properties upon the
redemption of 500 residential credits anywhere within the Town,•
E. Not permit an area encumbered by a conservation easement to be included in any
development yield calculation for subdivision approval by the Riverhead Planning
Board.
• Overstrike represents deletion(s)
• Underscore represents addition(s)
Dated: Riverhead, New York
August 7, 2018
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M.WILHELM,Town Clerk
Z\TA\Adopts LL\Amend Chap 301\TDR\8.07.2018
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Town of Riverhead
Local Law#15-2018
CHAPTER 301
Zoning and Land Development
Part 2. Districts
Article XLII. Transfer of Development Rights
§ 301-199. Statutory authority.
This article is adopted pursuant to § 261-a of the New York State Town Law and the
Town of Riverhead Comprehensive Plan. All of the powers and conditions set forth in
Town Law § 261-a are hereby adopted. The Riverhead Town Board hereby designates
the Riverhead Planning Board as the Town body authorized to implement the transfer of
development rights program as set forth herein.
§ 301-200. Definitions.
In addition to the definitions provided in Town Law § 261-a, the definitions in § 301-3 of
this chapter shall apply to this article.
§ 301-201. Intent and purpose.
It is the intent and purpose of this.article to implement the land use policies set forth in
the Town of Riverhead Comprehensive Plan with specific reference to protection of the
lands located within the Agriculture Protection Zone (APZ), the preservation of
agricultural lands, the support of the existing agricultural industry, and the necessary
and appropriate economic development of the community.
§ 301-202. Transfer of development rights map.
Pursuant to § 261-a, Subdivision 2b, of the New York Town Law, the relevant sending
and receiving districts of the Town of Riverhead TDR Law shall be those areas
specifically mapped in accordance with the stated goals of the Town of Riverhead
Comprehensive Plan adopted by the Riverhead Town Board by resolution dated
November 3, 2003.
§ 301-203. Procedure for designating sending and receiving districts.
A. Sending district. Prior to mapping a sending district, the Town Board shall determine:
(1) That the land consists of agricultural use or prime agricultural soils or other natural
features identified for protection.
(2) That the sending district is consistent with a Comprehensive Plan pursuant to § 272-
( of the New York State Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental
Quality Review Act (SEQRA) have been complied with.
B. Receiving district. Prior to mapping a receiving area, the Town Board shall
determine:
(1) The effects of potential increased development which is possible under transfer of
development rights, including the requirements that the receiving district contains
adequate transportation, water supply, waste disposal and fire protection, that there
will be no significant environmentally damaging consequences, and that such
increased development is compatible with the development otherwise permitted by
any municipality or agency thereof having jurisdiction to approve permissible
development within the district.
(2) That the receiving district is consistent with a Comprehensive Plan pursuant to
§ 272-a of the Town Law.
(3) That the rules and regulations promulgated pursuant to the State Environmental
Quality Review Act (SEQRA) have been complied with.
§ 301-204. Designation of sending districts.
Pursuant to § 301-202 of this article, the Town Board shall be authorized to establish
specifically mapped lands in accordance with § 261-a, Subdivision 2b. The following
zoning use district is hereby mapped as a sending district:
A. Agriculture Protection (APZ) Zoning Use District.
§ 301-205. Designation of receiving districts.
Pursuant to § 301-202 of this article, the following zoning use districts are hereby
mapped as receiving districts:
A. Residence A-80 (RA80) Zoning Use District.
B. Residence A-40 (RA40) Zoning Use District.
C. Hamlet Residential (HR) Zoning Use District.
D. Retirement Community (RC) Zoning Use District.
E. Business Center (BC) Zoning Use District.
F. Shopping Center (SC) Zoning Use District.
G. Destination Retail Center (DRC) Zoning Use District.
H. Commercial/Residential Campus (CRC) Zoning Use District.
i. Business F Zoning Use District.
J. Planned Recreational Park (PRP) Zoning Use District.
§ 301-206. Procedures for severing development rights.
A. Preservation credit certificate. A property owner may request preservation credit
certificates from the Planning Board by submission of the following:
(1) A completed preservation credit certificate application form to be supplied by the
Planning Board;
(2) Property survey showing existing conditions certified to the Town of Riverhead and
the area to be preserved;
(3) Current title commitment prepared by a company licensed to do business in the
County of Suffolk and noting the Town of Riverhead as proposed insured;
(4) Copy of deed;
(5) Legal description of the area from which rights are to be severed;
(6) Copy of tax bill;
(7) Fee of$500.
B. Upon the recording of the conservation easement in the office of the County Clerk, or
submission of the conservation easement to the Planning Board in recordable form,
encumbering all or part of a sending parcel and the provision of evidence of same to the
Planning Board together with a current title insurance policy showing title insurance
acceptable to the Planning Board in an amount equal to the value of the conservation
easement and naming the Town of Riverhead as an insured, the Planning Board shall
issue a preservation credit certificate certifying that the holder is entitled to a specific
number of preservation credits. Fractional credits may be issued by the Planning Board.
§ 301-207. Allocation of preservation credits.
When an application for the allocation of preservation credits is made to the Planning
Board, such Board shall calculate the total number of credits upon the real property
within a designated sending area using a development yield factor. Development yield
is established by multiplying the gross area of the parcel by the relevant development
yield factor for the sending district. The development yield factor for all mapped sending
areas shall be one right per 43,560 square feet of unimproved real property, except that
no allocation of preservation credits shall be made for the following:
A. Real property from which rights have been previously purchased or transferred.
B. Real property improved with any structure not an agricultural structure as defined
herein, or any improvement, including golf courses.
C. Parcels of property less than seven acres in size.
D. Any land concerning which the Planning Board determines that the severing of
development rights therefrom would be inconsistent with the goals and objectives
set forth in the Comprehensive Plan.
§ 301-208. Redemption of preservation credits.
Preservation credits may be used to increase the development yields within mapped
receiving areas according to the procedures set forth herein. In its determination of the
total development yield of a particular property upon which development rights are to be
applied, the Planning Board shall consider the extent of natural features existing on the
site, including, but not limited to, water surfaces, tidal wetlands, freshwater wetlands,
horizontal area of escarpments, bluffs, woodlands and beaches below mean high water.
A. Residence A-80 (RA80) Zoning Use District. Preservation credits may be used to
increase lot yield within the RA80 Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 40,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the RA80 Zoning Use District utilizing preservation credits, the
Planning Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
B. Residence A-40 (RA40) Zoning Use District. Preservation credits may be used to
increase lot yield within the RA40 Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 20,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the RA40 Zoning Use District utilizing preservation credits, the
Planning Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
C. Hamlet Residential (HR) Zoning Use District. Preservation credits may be used to
increase lot yield within the HR Zoning Use District. However, in no instance shall
such lot yield exceed one lot per 40,000 square feet after subtracting for that land
area required for infrastructure and public improvements. In its review and approval
of subdivision within the HR Zoning Use District utilizing preservation credits, the
Planning Board shall condition the final map approval upon the redemption of the
appropriate number of credits, with the signature and recording of the subdivision
predicated upon the redemption and retiring of the appropriate number of
preservation credits.
D. Retirement Community (RC) Zoning Use District. Preservation credits may be used
to increase the development yield associated with site plan applications made to the
Town Board pursuant to Article VIII, Residence RC (RC) Zoning Use District, of this
chapter. In its review and approval of such site plan applications, the Town Board
may increase the allowable development yield at a rate of one dwelling unit per
preservation credit redeemed, not to exceed four dwelling units per 40,000 square
feet. In its review and approval of subdivisions within the RC Zoning Use District
utilizing preservation credits, the Planning Board shall condition the final map
approval upon the redemption of the appropriate number of credits, with the
signature and recording of the subdivision predicated upon the redemption and
retiring of the appropriate number of preservation credits.
E. Commercial/Residential Campus (CRC) Zoning Use District. Two-family residences
shall require a lot of 40,000 square feet and shall employ the use of one
preservation credit for the second dwelling unit. However, in no instance shall the
number of dwelling units exceed two dwelling units per 40,000 square feet after
subtracting for that land area required for infrastructure and public improvements. In
its review and approval of subdivision within the CRC Zoning Use District utilizing
preservation credits, the Planning Board shall condition the final map approval upon
the redemption of the appropriate number of credits, with the signature and
recording of the subdivision predicated upon the redemption and retiring of the
appropriate number of preservation credits.
F. Business Center (BC) Zoning Use District. Preservation credits may be used to
increase the development yield associated with site plan applications made to the
Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review
and approval of such site plan applications, the Town Board may increase the
allowable development yield at a rate of an additional 1,500 square feet of floor area
per preservation credit redeemed to a maximum 0.3 floor area ratio.
G. Shopping Center (SC) Zoning Use District. Preservation credits may be used to
increase the development yield associated with site plan applications made to the
Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review
and approval of such site plan applications, the Town Board may increase the
allowable development yield at a rate of an additional 1,500 square feet of floor area
per preservation credit redeemed to a maximum 0.3 floor area ratio.
H. Destination Retail Center (DRC) Zoning Use District. Preservation credits may be
used to increase the development yield associated with site plan applications made
to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its
review and approval of such site plan applications, the Town Board may increase
the allowable development yield at a rate of an additional 1,500 square feet of floor
area per preservation credit redeemed to a maximum 0.3 floor area ratio.
I. Business F Zoning Use District. Preservation credits may be used to increase the
development yield associated with site plan applications made to the Town Board
pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval
of such site plan applications, the Town Board may increase the allowable
development yield at a rate of an additional 1,500 square feet of floor area per
preservation credit redeemed to a maximum of 0.3 floor area ratio.
J. Planned Recreational Park (PRP) Zoning Use District. Preservation credits may be
used to increase the development yield associated with site plan applications made
to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its
review and approval of such site plan applications, the Town Board may increase
the allowable development yield at a rate of an additional 1,500 square feet of floor
area per preservation credit redeemed to a maximum of 0.2 floor area ratio.
§ 301-209. Administration.
The Planning Board shall be the sole administrator of the procedures and functions
associated with this article. The Planning Board shall:
A. Issue preservation credit certificates upon the recording of appropriate easements;
B. Keep records of, retain and catalogue both issued and redeemed preservation
credits certificates in a Town-managed database;
C. Prepare and distribute an annual report providing statistics on TDR program activity;
D. Discontinue the redemption of preservation credits for residential properties upon the
redemption of 500 residential credits anywhere within the Town;
E. Not permit an area encumbered by a conservation easement to be included in any
development yield calculation for subdivision approval by the Riverhead Planning
Board.