[Added 8-30-2007 by L.L. No. 20-2007]
The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the Town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with an expeditious means to incrementally sell his development rights to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision pursuant to § 280-181B. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned AgPDD upon application of the landowner.
As used in this article, the following terms
shall have the meanings indicated:
The rights permitted to a lot, parcel, or area of land under
a zoning ordinance or local law regarding permissible use, area, density,
bulk, or height of improvements executed thereon.
A.
The Agricultural Planned Development District (AgPDD)
is established as a planned development district pursuant to Town
Law § 261-c.
B.
The AgPDD classification may be considered on a floating
zone basis. Upon rezoning to the AgPDD classification, all principal
and accessory uses, restrictions and controls listed in the specific
AgPDD shall govern the lands subject to the rezoning.
All properties meeting the standards and criteria
set forth in this article shall be deemed eligible for rezoning as
an AgPDD. In order to be considered for rezoning to AgPDD, lands in
the Town of Southold must meet all of the following criteria:
A.
The lands must consist of a subdividable parcel of
at least seven acres meeting the Town's preservation goals and included
in the Community Preservation Project Plan (CPPP), which may consist
of a lot designated as a separate Tax Map number, or of two or more
contiguous lots with separate Tax Map numbers. A landowner may also
apply for the rezoning of a parcel contiguous to property already
zoned AgPDD or already preserved, even if smaller than seven acres.
B.
The parcel must be enrolled in an agricultural district
or individual commitment, pursuant to Article 25-AA of New York State
Agriculture and Markets Law.
C.
The Town Board must find that the parcel provides
an environmental, physical, economic, aesthetic, social or cultural
benefit to the Town.
The Town Board may rezone lands from that of
their underlying zoning district to the AgPDD classification upon
written application of the landowner pursuant to this article.
A.
Application. An applicant shall submit two copies
of the following to the Town Board:
(1)
Form of application approved by the Town Board, including
the name of the owner and/or applicant, description of current use
of the property, and disclosure affidavit;
(2)
Deed covering each parcel for which the application
is made;
(3)
Survey or map showing each parcel proposed to be rezoned
to AgPDD and any improvements on each parcel.
B.
Upon receipt of a completed application, the Town
Board shall review the application at a work session and make a preliminary
determination whether the Board is interested in considering rezoning
of the parcel to AgPDD. If the Town Board is interested in considering
the rezoning, it shall refer the application to the Planning Board
and the Land Preservation Committee for review and recommendation.
C.
Upon receipt of the application, the Land Preservation
Committee shall consider the application at its next meeting and prepare
recommendations to the Town Board with a copy to the Planning Board.
D.
If the applicant seeks agricultural and/or residential
structure areas, the placement shall be agreed upon among the Land
Preservation Committee, the Planning Board and the landowner.
E.
Upon recommendation of the Planning Board and the
Land Preservation Committee, the Land Preservation Coordinator shall
commission a survey and a title search of the property, which will
be forwarded to the Planning Department upon receipt.
F.
The Planning Department will calculate the yield on
the parcel based on the zoning in effect at the time of the application.
(1)
Yield will be calculated as follows:
|
Buildable lands ÷ minimum lot area of
zoning district = yield on entire parcel
|
(2)
The landowner will be informed of the number of development
rights available on the parcel. Any fractional amount shall be rounded
down to the nearest whole number. Any existing nonagricultural production
uses shall reduce the number of development rights available for sale
on a parcel.
G.
Environmental review. The Town Board shall comply
with SEQRA in acting upon any application for the rezoning of any
lands to the AgPDD classification.
H.
The Planning Board shall provide a report within 90
days of the date of the meeting at which the referral is received
from the Town Board. No action shall be taken by the Town Board until
receipt of the Planning Board report or the expiration of its sixty-day
review period, whichever comes first. The review period may be extended
by mutual consent of the applicant, the Town Board, the Planning Board,
and the Land Preservation Committee.
I.
Planning Board report. The Planning Board may recommend
approval, approval with conditions, or disapproval of the proposed
rezoning. In preparing its report, the Planning Board shall take into
account the recommendations of the Southold Town Farm and Farmland
Protection Strategy, adopted as policy by a Town Board resolution
of January 18, 2000, and supporting documents; the recommendations
of the Land Preservation Committee; the studies contained in the Town's
comprehensive planning efforts and initiatives; the existing characteristics
of the property and the surrounding properties; the environmental,
social, physical, aesthetic, economic and cultural aspects of the
property and its surroundings; and such other factors as may be necessary
to carry out the purposes of this article and this chapter. The Planning
Board's report shall provide detailed reasons for its recommendation.
J.
Public hearing. Within 30 days of the receipt of the
Planning Board report or the expiration of the Planning Board review
period, whichever occurs first, the Town Board may schedule a public
hearing on the application, with the same notice prescribed for zoning
amendments.
K.
Town Board action. Within 30 days of the date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town Board shall determine, after considering the Planning Board's recommendation, that the subject parcel 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. If approved, the Town Board shall amend the Zoning Map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the conditions of approval, as set forth below in § 280-175 of this chapter.
A.
The boundaries of the rezoned property, permitted
uses thereon, and number of development rights shall become part of
this Town Code and the Zoning Map shall be amended accordingly.
B.
The Land Preservation Department shall coordinate
the closing and filing of the easement in accordance with its normal
procedures for purchase of development rights.
C.
Easement.
(1)
Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the landowner shall sell at least one development right to the Town. The landowner shall file a preservation easement (the "easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel.
(a)
The easement shall be in a standard form acceptable
to the landowner and the Town Attorney and shall be consistent with
the terms of the AgPDD. The standard form may be amended if the landowner
voluntarily requests additional restrictions or prohibitions and such
restrictions are acceptable to the Town Attorney.
(b)
The easement shall be recorded in the office
of the Suffolk County Clerk.
The Town Board shall, by resolution, at least
annually, set a price to be paid by the Town for AgPDD development
rights sales for the purpose of this chapter. This price shall be
the fair market value of development rights for nonwaterfront farmland
of average size with an average amount of road frontage obtained from
two independent certified appraisers.
A.
At any time, the landowner may offer to sell development
rights on all or part of the parcel that has been zoned AgPDD. The
development rights may be sold to the Town or to others provided that
the landowner enters into a preservation easement on the property
in a form acceptable to the Town. The preservation easement shall
list the number of development rights sold and the number remaining,
based on the yield for the parcel as set forth at the time of rezoning
to AgPDD.
B.
At the discretion of the Town, the Town may commission
a new survey and a title search of the property.
C.
The Land Preservation Coordinator shall make a determination
of the number of development rights remaining for purchase on the
parcel based on the original yield, as calculated by the Planning
Department, less any development rights sold and shall so advise the
Land Preservation Committee. The Land Preservation Committee shall
make a recommendation to the Town Board on the purchase of development
rights.
D.
The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD-zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in § 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel and the remaining number of development rights.
E.
Development rights may be purchased by the Town in
increments of one-half of a development right.
F.
The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than 180 days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to § 280-180E.
G.
Upon the landowner's application, the Town shall purchase
10% of the landowner's residual development rights, or not less than
one full development right, per calendar year. Any fractional amount
shall be rounded to the nearest half of a development right. The Town
may, if requested by the landowner, purchase more or less than 10%
each year.
H.
No application for sale of development rights received
after November 1 of any calendar year shall be closed until the following
calendar year, unless the Town and the landowner mutually agree to
close in the same year.
I.
Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs. If a landowner wishes to negotiate with the Town for the sale of development rights, the Town will only consider a conservation subdivision pursuant to § 280-181B, or the sale of all remaining development rights on the parcel, and the Town will only pay for the appraisal one time. If an agreement is not reached between the Town and the landowner, subsequent negotiations and application for sale of development rights through the Land Preservation Program will be permitted; however, the Town will obtain the appraisal at the expense of the landowner.
The Land Preservation Coordinator will maintain
a log indicating the development rights sold and remaining on any
parcel zoned AgPDD. The easement executed and recorded by the landowner
at the time of each sale will indicate the number of development rights
sold and the number remaining on the parcel.
A.
Any reserved area for development shall be set by
the Town Board and defined in the Town Code at the time of rezoning
to AgPDD. A landowner may apply to the Town Board to amend such Code
if circumstances have changed since the rezoning. Any new additional
reserved area will be deducted from the available development rights
on the parcel, and any reduction in the reserved area may increase
the development rights available on the parcel. Any reserved area
for development shall not exceed 20% of the buildable area of the
parcel.
B.
Any structure proposed on a parcel which is zoned
AgPDD will require the approval of the Land Preservation Committee
prior to issuance of a building permit. The approval of the Committee
shall take into account the conditions set forth in the preservation
easement on the property.
C.
If a residential structure exists on property zoned
AgPDD, any new structure accessory to such residence must be located
within 150 feet of the existing residential structure.
D.
Any structures, other than those for agricultural
production, shall reduce the number of development rights available
for sale or transfer.
E.
If the Town elects not to purchase 10% of development rights as set forth in § 280-177G, the landowner may pursue a standard subdivision as set forth in § 280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% of development rights pursuant to § 280-177G, the landowner is not eligible to pursue a standard subdivision.
A.
If the landowner of property zoned AgPDD files for
subdivision of the property, the Land Preservation Coordinator shall
advise the Planning Board of the number of development rights remaining
on the parcel.
B.
Any conservation subdivision of AgPDD property must
accomplish preservation of 80% of the parcel and density reduction
of 75% of the original yield. If the landowner elects to pursue this
conservation subdivision, the land preserved by the sale of development
rights shall apply toward the required preservation component.
C.
If the Town elects not to purchase 10% of development rights as set forth in § 280-177G, the landowner may pursue a standard subdivision. For a period of 10 years from the date of the Town's election not to purchase development rights pursuant to § 280-177G, the yield for the subdivision shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Land already preserved by the sale of development rights shall not be applied toward any preservation or subdivision open space requirement or the yield calculation. The yield calculated pursuant to § 280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code.
