This article is adopted pursuant to § 261-a of the New York State Town Law and the Town of Stillwater Comprehensive Plan. All of the powers and conditions set forth in Town Law § 261-a are hereby adopted. The Stillwater Town Board hereby designates the Stillwater Planning Board as the Town body authorized to implement the transfer of development rights program as set forth herein.
A. 
The purpose of this article is to permit the voluntary transfer of development rights from one property in a sending district to another property in a receiving district while simultaneously restricting future development of the subject property in the sending district.
B. 
The Transfer of Development Rights (TDR) program is consistent with the goals and recommendations established in the Town of Stillwater Comprehensive Plan and Generic Environmental Impact Statement (GEIS) of 2020. The Town of Stillwater Comprehensive Plan and GEIS of 2020 lists the first two goals as "Preserve and enhance the rural and historic character and small hometown feel of Stillwater" and "Promote further opportunities for agricultural economic development." It further goes on to state that "projected growth has the potential to further encroach on and fragment the Town's farmland and open space resources. Residential development within the Town's agricultural core impinges on the ability to actively cultivate lands and conduct farming practices. The loss of this land would have a significant impact on Stillwater's local character, in addition to having economic implications, potentially impairing Stillwater's ecological health, and resulting in the collective loss of Stillwater's natural and agricultural heritage." The Plan and GEIS further recommends the adoption of a transfer of development rights ordinance with the goal of preserving 1,000 acres of farmland and open space.
C. 
The TDR program will allow for the preservation of farmland and associated agricultural uses, including but not limited to agricultural tourism uses in the sending district while also increasing opportunities for development in the Town's receiving districts where there is adequate access to municipal services and utilities appropriate for the level of growth.
D. 
The intent for the creation of sending districts is to further the conservation of farmland and associated agricultural uses, along with natural and undeveloped areas, wildlife, flora, underground and surface water sources, and other natural resources, and the preservation of historical, cultural, recreational, archaeological, and scenic areas in the Town of Stillwater.
E. 
The intent for the creation of receiving districts is to provide opportunities in the Town for economic growth, improve efficiencies in the use of infrastructure and utilities, while limiting the expansion of utilities and infrastructure in the sending districts, and encourage the development of an adequate supply of affordable housing.
The transfer of the development rights system herein established shall have the following specific objectives:
A. 
To maintain the agriculture and natural qualities of the agricultural productivity of farmland in the Town with the goal of preserving a desired 1,000 acres of farmland land in accordance with the 2020 Comprehensive Plan.
B. 
To encourage developers to develop land in areas identified by the Town as best suited for increased densities while also providing economic returns to owners of property restricted from further development.
C. 
To reduce sprawl and improve the economic efficiencies of infrastructure and utilities in the Town.
A. 
The Town of Stillwater recognizes the limited resources it has to maintain a "bank" of conserved farmland and has chosen the process of a direct transfer of development rights between the owner of eligible property within the T2 Zoning District and the owner/developer or duly assigned representative (herein after referred to as the "applicant") of land that intends to propose development within the receiving district.
B. 
The monetary amount for the sale of each development right shall be established through an agreement between the sending district owner and the receiving district applicant. Refer to Subsection J, Determining the value of development rights, for the acceptable procedures and for establishing the value of development rights.
C. 
Lands to be conserved within a sending district and considered eligible for the transfer of development rights pursuant to this section shall include unconstrained land equal to or greater than four acres in a T2 District with a minimum of one available dwelling unit, with an existing farm operation, as defined by this chapter.
D. 
Land previously restricted against development by covenant, easement or deed restriction shall not be eligible to transfer development rights unless and until such time as said covenant, restriction or easement is dissolved or rescinded. In the event said covenant, restriction or easement is dissolved or rescinded, such land shall be eligible for generation of TDR credits and the transfer of development rights.
E. 
Parcels of land in the receiving district that may be eligible for receiving transferred credits shall include the T3G, T4, and T5 Zoning Districts.
F. 
Projects seeking planned development district approval shall not be eligible to participate in the transfer of development rights program.
G. 
Minimum requirements for the parcel in the receiving district. After development rights have been acquired and transferred to a receiving parcel, the following uses are the only uses permitted for the application of TDR credits:
(1) 
Three- and four-family dwellings.
(2) 
Multifamily dwellings.
(3) 
Townhouse dwellings with a minimum of three dwelling units.
(4) 
Condominium buildings.
(5) 
Mixed uses. Any proposed mixed-use project proposing residential and commercial uses within the same complex, building, or parcel shall include a minimum of three dwelling units, and no more than 75% of the net land area of development shall be occupied by commercial uses.
H. 
Development rights calculation.
(1) 
The Planning Board shall use the following process to calculate the total number of development rights (dwelling units) that may be available on a subject parcel for transfer:
(a) 
Step 1: Determine the acreage of constrained land.
(b) 
Step 2: Calculate the gross buildable acreage by subtracting the constrained acreage from the total acreage of the parcel.
(c) 
Step 3: Calculate the number of eligible dwellings units by dividing the gross buildable acreage by the minimum lot area for the involved Zoning District as set forth in Table 2 (Dimensional Schedule).[1]
(d) 
Step 4: Resulting dwelling units having fractional units equal to or greater than 0.5 may be rounded up.
I. 
Number of units permitted.
(1) 
The actual number of dwelling units permitted for development at increased density limits in receiving districts shall be determined by the Town of Stillwater Building, Planning, and Development Department (the "Planning Department") and confirmed by the Planning Board. Consideration will be given to the potential increase in demand for utilities such as roadway network and water and sewer usage.
(2) 
Every one dwelling unit transferred shall equal three TDR credits.
(3) 
Land in the sending district shall be assigned development rights for the purpose of transfer as follows:
(a) 
One dwelling unit in a sending district shall equal three TDR credits that can be used in a receiving district.
(b) 
The total number of TDR credits available from a plot of land in a sending district is calculated using the following formula:
(Area of land/sending area dwelling unit density) * (transfer ratio) = TDR credits
Example: If a property owner in a sending district wants to transfer the development rights of 10 acres of their land, the number of TDR credits generated would be calculated as follows:
(10 acres/(1 du/2 acres)) * (3 TDR credits/du) = 15 TDR credits
(4) 
So as to encourage the use of the TDR program, residential density shall not exceed 130% of the base residential density in the district or districts in which the proposed project is located.
J. 
Determining the value of development rights. The value of development rights shall be based on the fair market value of the farmland at the time the rights are proposed to be sold, being the difference between the agricultural value and development value of the sending parcel(s) as evidenced by a recent appraisal, assessed value, or other such means deemed acceptable to the Town of Stillwater, and which shall adequately compensate the seller for the value they are foregoing by giving up the right to intensify development on their property.
A. 
Application.
(1) 
Participation in the TDR Program is voluntary, and the application process and sale of development rights from a sending district can only be initiated through an agreement between the sending district property owner ("sending property owner") and the owner or duly assigned representative of land within a receiving district (the "applicant").
(2) 
The applicant and sending property owner shall jointly submit the following initial documentation:
(a) 
The sending property owner shall submit a sending district density transfer application to the Planning Department. The application shall include landowner information, and a concept map based on a survey (prepared within three years of submission) of the subject parcel(s) specifically identifying the proposed sending area parcel(s) or portion of a parcel to be conserved, along with all existing uses, constrained lands, the total acreage of constrained lands, and a preliminary calculation of available development rights. The concept map shall be of sufficient scale and detail to show its general location, streets, available infrastructure, and shall identify the extent of existing farm operation and all other non-farm uses. The sending district density transfer application shall be signed by both sending property owner and the applicant.
(b) 
The applicant proposing to develop land within a receiving district through a transfer of development rights shall submit a receiving district density transfer application to the Planning Department. The application shall include landowner information and a concept map of the subject parcel(s) identifying all existing uses, constrained lands, and the layout of the proposed project that will incorporate transferred development rights. The concept map shall be of sufficient scale and detail to show its general location, streets, and available infrastructure.
(3) 
Utilizing the information provided, the Planning Department will calculate the total number of transferable TDR credits available from the sending site using the process described § 210-58A above. The Planning Department shall advise the Planning Board of its findings and required adjustments to the application as necessary. The Planning Board shall establish an escrow account for engineering, legal, and planning reviews.
B. 
Planning Board review procedure.
(1) 
The number of dwelling units that qualify for the transfer shall be verified and approved by the Planning Board. The Planning Board shall provide their determination in writing to the applicant.
(2) 
Upon confirmation of the availability of one or more transferable dwelling units by the Planning Board:
(a) 
The applicant shall submit a site plan application pursuant to Article IV of this chapter, and, as necessary, a special use permit application pursuant to Article V of this chapter, and/or a subdivision application pursuant to Chapter 176 of the Stillwater Town Code, detailing the entirety of the proposed project on the receiving property. The number of dwelling units to be transferred shall be noted on the proposed site plan or subdivision map along with the parcel identification numbers from the sending parcel(s).
(b) 
The sending property owner shall submit a site plan of the sending property accurately depicting the proposed sending area parcel(s) or portion of a parcel to be conserved, and specifically identifying the proposed farmstead area, resource protection area, and farm area, along with the total acreage of constrained lands. Where applicable, a subdivision application pursuant to Town of Stillwater Chapter 176.
(c) 
Utilizing the Town of Stillwater approved conservation easement template to be made available by the Planning Department, the sending property owner and a qualified land trust or other qualified organization acting as grantee shall submit a draft conservation easement to the Planning Board and Attorney for the Town. The draft conservation easement shall be deemed acceptable to both the Planning Board and attorney for the Town before project application(s) are deemed complete. The draft conservation easement shall be accompanied by a draft conservation plan prepared by a qualified conservation professional or by the Saratoga County Soil and Water Conservation District.
(3) 
The Planning Board shall review the proposed project pursuant to the criteria of this chapter and as described below in Subsection B(4), against any criteria established in the Generic Environmental Impact Statement (GEIS March 2021). The Planning Board may engage an attorney, engineer, planning or other consultant to assist in review of the application, the cost of which will be borne by the applicant to cover costs related to the Planning Board's review.
(4) 
As part of its review, the Planning Board shall ensure that:
(a) 
The proposed increase in density to the receiving district would not have a significant adverse impact on the property, or to adjoining property, or to the character of the neighborhood in which the property is situated;
(b) 
The proposed project, including the increase in density, can be adequately supported by the public utilities and infrastructure available or provided as a result of the project, including but not limited to public sewer, water, transportation, and fire protection;
(c) 
The proposed project is in harmony with the purpose and intent of this chapter;
(d) 
The increase in density for the particular project is consistent with the adopted Comprehensive Plan; and
(e) 
The proposed project meets all applicable underlying zoning requirements pursuant to this chapter for the district in which it is proposed regarding setbacks, height limits, and lot coverage.
A. 
Decision. The Planning Board may approve, approve with conditions, or deny the proposed project. The Planning Board may impose terms and conditions attached to any approval where density increases are proposed to be used in order to minimize adverse impacts to the community.
B. 
Preliminary approval. If the Planning Board intends to approve the proposed project, a preliminary approval shall be issued first, requiring the execution and proper recording of the approved conservation easement in the Office of the Saratoga County Clerk. A recorded copy of the conservation easement shall be provided to the Planning Board as a condition of final approval. The recorded conservation easement shall be kept on file in the Office of the Clerk of the Town of Stillwater.
C. 
Final approval. Upon the proper recording of the conservation easement and filing in the Office of the Clerk of the Town of Stillwater, the Planning Board shall issue the applicant a preservation credit certificate certifying that the holder is entitled to a specific number of preservation credits. The certificate shall specify the section, lot, and block number of the sending parcel(s) and the section, lot, and block number of the receiving parcel(s). The certificate shall be recorded in the manner of a deed in the Office of the Stillwater Town Clerk and the Office of the Saratoga County Clerk for both sending and receiving parcels. The Planning Board shall issue final approval of the proposed project upon receipt of the properly recorded preservation credit certificate. A copy of the preservation credit certificate shall be forwarded to the Town of Stillwater Assessor.
D. 
Future appraisal. Within one year after a development right is transferred, the assessed valuation placed on the sending and receiving properties for real property tax purposes shall be adjusted to reflect the transfer.
E. 
Effect of transfer. A development right which is transferred shall be deemed to be an interest in real property and the rights evidenced thereby shall insure to the benefit of the owner of the receiving parcel(s), and their heirs, successors, and assigns.
F. 
Expiration of approval. If the applicable Planning Board approval(s) expire in accordance with the requirements of this chapter, the transferred development right(s) shall remain affixed to the receiving property. However, upon expiration of the approvals, the use of the transferred development right(s) shall be subject to applicable standards in effect at such time and required approvals pursuant to this chapter.
A. 
The administration of the TDR program is the responsibility of the Town of Stillwater Building, Planning, and Development Department with assistance from the Town Attorney.
B. 
The Department of Building, Planning and Development shall maintain records of all transfers for both the sending and receiving parcel(s). Once annually, the Department shall submit a report to the Town Board outlining the total area and location of the sending districts with corresponding site plan or subdivision parcel(s) and totals transferred to the receiving district. This report shall also be filed with the Town Clerk once annually.