[HISTORY: Adopted by the Town Board of the
Town of Huntington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-4-2008 by L.L. No. 7-2008]
The Town Board recognizes that there are several
conservation tools that may benefit the preservation of natural open
space, while encouraging responsible economic development. This Article
shall embrace such programs and policies that serve to accomplish
both objectives. It is the intent and purpose of this article to implement
land use policies adopted by the Town Board in conjunction with the
update of the Huntington Comprehensive Plan with specific reference
to the conservation of open space, provision of affordable/workforce
housing, the support of existing industry, and the necessary and appropriate
economic development of the community, particularly for in-fill and
Brownfields projects. This legislation shall serve to diminish residential
sprawl and enable more concentrated development consistent with town
zoning and the Principles of Smart Growth and Livability.
Definitions. For the purposes of this article,
the following terms and words shall have the meanings indicated:
the rights permitted to a lot, parcel, or area of land pursuant to the Suffolk County Sanitary Code for the specific hydrogeological (groundwater recharge) zone in which the land is situated. Density Flow Rights differ from development rights that are defined in § 198-118.2 of Town Code, which are tied to zoning specifications and the transfer thereof allows yield on a receiving site to exceed zoning requirements.
a depository comprised of (1) a database maintained by the
Department of Planning and Environment that catalogues density flow
rights acquired and/or redeemed by the Town of Huntington as public
party and/or private party transfers and (2) a trust-in-agency account
into which deposits are made upon sale of publicly-held flow rights
and from which withdrawals are made to purchase interests to acquire
and conserve open space, as authorized by the Town Board.
a letter issued by the Director of Planning and Environment
that indicates the number of density credits that could potentially
be severed from a proposed sending site through a private party transfer.
a letter issued by the Director of Planning and Environment
that indicates the number of publicly-held density credits that could
potentially be committed to a public benefit receiving project.
land(s) acquired by the Town of Huntington or other governmental
agency or conservation organization that otherwise have development
potential, but are maintained for conservation purposes without physical
site improvement, except for typical appurtenances, such as trails,
benches, signage or pervious parking, and with no maintained or fertilized
turf.
a conveyance of density flow rights between two (2) individual
property owners in support of an application pending review of a board
or department in the Town of Huntington.
a conveyance of density flow rights between the Town of Huntington
and another party that supports a defined public purpose or goal (offset)
identified in the Comprehensive Plan and is necessary to implement
an application pending review of a board or department in the Town
of Huntington.
one or more areas of land to which Density Flow Rights generated
from one (1) or more sending parcels may be transferred and in which
development is permitted to occur, but may not exceed density allowed
by existing zoning, by reason of such transfer, preferably hamlet
centers, nodes and corridors as identified by the Comprehensive Plan.
one or more parcels of land from which Density Flow Rights
are severed permanently for use in one or more receiving areas in
the Town of Huntington.
the Process by which such rights are transferred from one
(1) lot, parcel, or area of land in any sending area to another lot,
parcel, or area of land in one (1) or more receiving districts or
areas in the Town of Huntington. Transfer of Density Flow Rights (TDFR)
must result in the permanent protection of open space determined to
be of value to the Town's protected lands inventory, consistent with
identified local goals for land protection, and in compliance with
SCDHS TDR Standards.
A.
Authorization. The Planning Board is authorized to
enable the transfer of Density Flow Rights from one (1) or more parcel(s)
of land where such authorization shall be found to be beneficial to
the town through serving to implement the Comprehensive Plan and its
update and to be in accordance with the provisions of this article.
Only the Planning Board and the Suffolk County Department of Health
Services may definitively determine the Density Flow Rights allotted
a particular parcel or area of land.
B.
Administration. The Planning Board shall be the sole
arbitrator of consistency associated with this article. The Planning
Board shall:
(1)
Resolve interpretation of density flow credits and
TDFR Program consistency for private party transfers upon application
and review;
(2)
Issue density flow credit certificates for private
party transfers upon the filing of proof that title to the sending
site has been transferred to or that a conservation easement has been
created in the favor of the Town of Huntington or other governmental
or land trust organization approved by the Town Board, and that such
deed or easement has been duly recorded by the parties with the Suffolk
County Clerk;
(3)
Determine density flow rights to be dedicated to the
Density Rights Bank when lands are about to be acquired through purchase,
dedication or donation that will remain in their natural state;
(4)
Determine consistency and resolve recommended density
flow credits for public benefit transfer/redemption from the Density
Rights Bank to the Town Board;
(5)
Retain and catalogue issued certificates for both
private party and public benefit projects and redeemed density flow
credits in a secure Department of Planning and Environment-managed
database;
(6)
Prepare and distribute an annual report to the Town
Board, Town Clerk and Suffolk County Department of Health Services
providing statistics on TDFR program activity;
(7)
Provide standard deed and easement language.
C.
Referral to Suffolk County Department of Health Services.
The Department of Planning and Environment will refer all applications
to the SCDHS to verify the potential density credits that can be sent
from or received on any parcel(s) prior to issuance of any letters
of interpretation or density flow certificates by the Planning Board.
A.
Comprehensive Plan. The relevant sending and receiving
parcels considered under the Huntington TDFR Law shall be consistent
with the Town Comprehensive Plan and any policies adopted by the Huntington
Town Board. The TDFR Law enables development in accordance with applicable
zoning regulations and the Comprehensive Plan, and will not pose impacts
beyond those anticipated at allowable build-out levels.
A.
Allocation of density flow credits. An application
for the allocation of density flow credits shall be made to the Planning
Board. The Planning Board shall calculate the total number of credits
upon the real property within a designated sending area using a density
yield factor.
B.
Density yield for sending parcels is established by
one (1) of two (2) methods consistent with the SCDHS TDR standards.
(1)
Yield map. If a subdivision requires a road, yield
will be based on a yield map that shows twenty thousand (20,000) square
foot lots with required site improvements, such as road(s) and recharge
basin if necessary.
(2)
Mathematical formula. The development yield factor
for all sending parcels shall be one (1) density flow credit per twenty
thousand (20,000) square feet of real property or one (1) density
flow credit per lot established prior to 1981 when Article 6 of the
Suffolk County Sanitary Code specifying density requirements was established.
Barring extenuating circumstances described in the rules for transfer
for which a reduction may be taken, the sending site acreage multiplied
by 0.5 shall be approximately equal to the density flow credit allocation.
A.
Standards. The following basic standards shall apply
for Transfer of Density Flow Rights (TDFR) in the Town of Huntington,
in addition to those set forth in the SCDHS TDR Standards.
(1)
A single density flow credit shall correspond to twenty
thousand (20,000) square feet of lot area, which is the equivalent
of three hundred (300) gallons per day (gpd) flow (e.g., a one (1)
acre lot in an R-40 zone could send two (2) density flow credits).
(2)
Sending sites may generate and receiving sites may
accept fractional flow credits broken down to the nearest quarter
[seventy-five (75) gpd] of a credit.
(3)
A density flow credit or portion thereof shall only
be received at a site for which yield has been proven to the satisfaction
of the Planning Board based on a fully-conforming yield study or site
plan or which meets Town standards for issuance of a building permit
(e.g., single and separate parcel).
(4)
Location and site quality will be considered before
any determination of sending rights is made. If there is any indication
of conditions (e.g., proximity to wetlands, wellsite(s), saturated
soils) that might not support a septic system on a property proposed
as a sending site, the owner/applicant may be asked to provide qualifying
data to assist determination of flow rights and the total area from
which the rights are calculated may be reduced.
(5)
Density flow credits shall not be generated from:
(a)
Property from which credits or rights have been
previously purchased or transferred;
(b)
Property encumbered by easements, rights of
way, or other encumbrances of record, unless such impediments are
to be extinguished prior to transfer (e.g., abandonment of a right-of-way);
(c)
Property improved with buildings or other improvements,
unless a distinct open space parcel can be defined therefrom;
(d)
Property designated as buffer, park set-aside
or open space that is held privately and which has been created as
a requirement or condition of an approval by the Town Board, Planning
Board or Zoning Board of Appeals or specified in Town Code; or
(e)
Property located within a sewer district or
approved for connection to a sewage treatment facility.
(6)
Lands within Special Groundwater Protection Areas
as defined in the (1993) Long Island Comprehensive Special Groundwater
Protection Area Plan should serve primarily as sending areas.
(7)
Sending and receiving areas should be in the same
groundwater management zone.
(8)
Sending and receiving properties need not be similarly
zoned.
(9)
A separate deed conveying the sending parcel to the
Town of Huntington or other governmental or land trust organization
approved by the Town Board or deed restriction (e.g., conservation
easement or declaration of covenant and restriction) inuring to the
benefit of the Town of Huntington must be filed for the affected sending
area before rights are sent from that property. If a less than fee
interest is conveyed, it must allow perpetual oversight and access
for monitoring by the Town or another government or conservation organization
on an approved list. The Director of Planning and Environment shall,
with the assistance of the Town Attorney, review the content and form
of each such deed or easement prior to its filing for compliance with
the requirements of this article.
(10)
A sending site may be dedicated or deeded to the Town
of Huntington or other governmental or land trust organization approved
by the Town Board.
(11)
Sending sites will be managed as natural open space
in perpetuity without any maintained or fertilized turf.
(12)
Density flow rights shall not be received on:
(a)
Property individually-listed or within a district
listed on the National Register of Historic Places or designated by
the Town Board, unless the transfer is protective of the historic
resource;
(b)
Lots with an average slope greater than or equal
to 10%;
(c)
Golf courses;
(d)
Property located within a sewer district or
approved for connection to a sewage treatment facility;
(e)
Environmentally sensitive sites or sites with
features that would be compromised by added density.
(13)
No TDFR shall result in a transfer into the Town from
another municipality or out to another municipality.
B.
Procedures for severance and redemption of density
flow rights. Separate procedures apply for private party transfers
and public benefit transfers.
A.
Request for Letter of Interpretation (LOI). The property
owner and contract vendee, if applicable, shall file a signed and
notarized application with the Planning Board for a letter of interpretation
on a form to be supplied by the Department of Planning and Environment
together with the following documents and a five hundred ($500) dollar
application fee:
(1)
Copy of the property survey;
(2)
Legal description of that portion of the property
to be considered in the letter of interpretation.
(3)
Copy of latest deed and a covenants and restrictions
search;
(4)
Copy of tax bill;
(5)
Environmental Assessment Form (only if request is
not consistent with an application for which a SEQRA review has been
completed); and
(6)
A letter requesting the transfer, identifying involved
properties, and indicating whether the density flow certificates will
be utilized for residential, commercial and/or industrial development;
(7)
Any other documentation required by the Planning Board
or the planning staff.
B.
Review of LOI Request for Private Party Transfer.
Upon the submission of a complete application, the Planning Board
will review it with staff support and, if deemed acceptable by the
Planning Board, following confirmation by the SCDHS, the Director
of Planning and Environment shall issue a letter of interpretation
indicating the number of density flow credits that could ultimately
be severed from the real property or a portion thereof within sixty
(60) days. The property owner has thirty (30) days from the date of
the letter of interpretation to appeal the allocation of density flow
credits identified in the letter of interpretation to the Planning
Board upon written letter of appeal and submission of a filing fee
of one hundred ($100) dollars. A letter of interpretation shall expire
two (2) years following its issuance. The expiration date shall be
tolled by any pending Town application review.
C.
Density flow credit application. Subsequent to receipt
of a letter of interpretation, a property owner or contract vendee
may request a density flow credit certificate from the Planning Board
by submission of the following:
(1)
The letter of interpretation;
(2)
A full title search, including a search for any and
all encumbrances, including all liens, and covenants and restrictions,
on the property;
(3)
A completed density flow credit certificate application
form to be supplied by the Department of Planning and Environment;
(4)
Proposed deed of conveyance and/or conservation easement;
and
(5)
Any other documentation requested by the Department
of Planning and Environment or Planning Board.
D.
Density flow credit certificate. Upon the recording
of the appropriate conservation easement in the Office of the County
Clerk encumbering all or part of a sending parcel or a signed deed
of transfer to the Town of Huntington therefor, and the provision
of evidence of same to the Planning Board, the Planning Board shall
issue a density flow credit certificate certifying that the holder
is entitled to a specific number/fraction of density flow credits.
As the density flow credit certificate has real value as an interest
in the property, any sale or transfer thereof must be registered with
the Department of Planning and Environment.
E.
Redemption of density flow credits/Transfer authorization.
Density flow credits are considered to be an interest in real property.
They may be used to increase the development yields on receiving parcel(s)
only in accordance with existing zoning, with SCDHS TDR Standards,
and with procedures established by the Town Board consistent with
the goals and objectives set forth in the Town Comprehensive Plan.
A request to redeem a density flow credit at a specific receiving
area may accompany the request for the density flow credit certificate
or it may be made within two (2) years from the issuance of the Letter
of Interpretation. If the transfer request involves an application
that is pending before the Planning Board, it may authorize the transfer
as a specified item when it issues conditional final approval. If
the transfer request is pending review of the Department of Engineering
Services, a separate Planning Board resolution shall be required.
F.
Registration of Transfer. The Department of Planning
and Environment shall track all transfer transactions in a central
database and notify the Assessor and Director of Engineering Services
when a transfer of density flow rights has been authorized to insure
proper assessment of the sending parcel as vacant unbuildable property.
A.
Procedure. Upon the submission of a complete application for a Letter of Interpretation pursuant to § 172-8A, the Planning Board will conduct a consistency review and consider the availability of density flow credits held by the Density Rights Bank, the public purpose to be served by the pending project that would benefit from the transfer and its relation to fulfillment of Comprehensive Plan goals. Publicly-held density rights may only be considered by the Town Board, if in the Board's discretion, the receiving parcel project meets one (1) or more of the following criteria:
(1)
Incorporates workforce housing or affordable housing;
(2)
Provides for significant economic development in a
hamlet or village center area;
(3)
Donates real property or other tangible benefit to
the Town of Huntington;
(4)
Provides significant environmental benefit to the
Town of Huntington;
(5)
Implements the recommendations of the Town's Comprehensive
Plan;
(6)
Achieves some other worthwhile goal or benefit as
determined by the Town Board.
B.
The Planning Board shall submit its written recommendation
to the Town Board within sixty (60) days of the filing of a complete
application. The Town Board may consider the recommendation of the
Planning Board and issue a determination by resolution. If the Town
Board fails to act within ninety (90) days, or fails to extend the
period in which to act, the proposed use of public density flow credits
shall be deemed to have been denied.
C.
Value Determination. If the Town Board affirms the
use of credits held by the Density Rights Bank, in conformance with
criteria and goals identified in this article for an appropriate public
use, the Planning Board will order an independent certified appraisal
to determine the fair market value of the requested flow credits,
which shall be established by the difference in value between the
development potential of the property as exists at the time of application
and the development potential with the added flow credits. Upon receipt
of the appraisal, the Planning Board shall assess a fee that is payable
in an amount equal to or less than the appraised value of the flow
rights, based on dollar for dollar in-kind offsets that accompany
the proposed project. The fee established by the Planning Board will
be referred to the Town Board for its review and consideration. Once
the Town Board establishes the fee, the Director of Planning and Environment
may issue a supporting LOI, which shall specify the fee and state
the appraised value of the rights and the associated value of any
offsets that are considered a condition of the LOI.
D.
Density flow credit certificate.
(1)
Subsequent to receipt of a letter of interpretation,
a property owner may request a density flow credit certificate from
the Planning Board by submission of the following documents with a
five hundred dollar ($500) fee:
(a)
The letter of interpretation;
(b)
A full title search, which includes a search
for all encumbrances, including all liens, and covenants and restrictions,
on the property; and
(c)
A completed density flow credit certificate
application form to be supplied by the Department of Planning and
Environment; and
(d)
Payment or guarantee acceptable to the Town
Attorney of the established fee, which will be credited to the Affordable
Housing Trust Fund.
(2)
Upon completion of the statutory requirements, the
Planning Board shall issue a density flow credit certificate certifying
that the holder is entitled to a specific number of density flow credits.
Density flow credits shall expire within two (2) years from the date
of issuance of the Letter of Interpretation, unless otherwise extended
for no more than two (2) years per extension, in the discretion of
the Planning Board, for good cause shown. Any application for an extension
shall be made prior to the expiration of the original term of the
density flow credits, or any extension thereof, and cannot be extended
by the Planning Board more than twice. Public density flow credits
shall be used within six (6) years from the date of issuance of the
Letter of Interpretation.
E.
Restricted Use of Public Credits. Public density flow
credits are only useable pursuant to the grant under which they were
created. They are site-specific to the project reviewed by the Planning
Board. Resale of public flow credits is strictly prohibited.
A.
Passive Open Space Review for Density Rights Bank.
The Town Open Space Coordinator shall consult the Planning Board with
regard to all planned natural area land acquisitions or rededication
of Town-held properties for conservation purposes prior to submitting
a resolution to the Town Board for dedication and/or funding authorization.
All such Town Board resolutions will include reference to the credits
to be generated and dedicated to the Density Rights Bank. Where possible,
shared acquisitions with other governmental agencies should result
in a matching allocation of density flow rights (e.g., 50%-50%).
B.
Management and Monitoring of Sending Sites. The Town
Department of Planning and Environment is authorized to monitor all
sending sites annually to insure that they are being maintained in
accordance with this article in a natural passive open space condition.
Failure to maintain a sending site in its natural vegetative state
and in compliance with the provisions of this article shall be deemed
an offense against this article.
C.
Donation of Density Flow Rights. The Density Rights
Bank may also include density flow rights acquired through philanthropy,
such as by voluntary land donation to the Town of Huntington or other
governmental or land trust organization approved by the Town Board
or conservation easement duly recorded with the Office of the County
Clerk, provided that the sending property meets a designated goal
of the Comprehensive Plan. The philanthropy may or may not be by outright
gift in full.
[Amended 11-6-2019 by L.L. No. 56-2019]
A person or business entity who commits or permits any acts
in violation of any provision of this article shall be deemed to have
committed an offense against this chapter and shall upon conviction
thereof, be subject to a fine of not less than two hundred fifty ($250)
dollars and not more than one thousand ($1,000) dollars. Each day,
or part thereof, such violation continues or is permitted to exist
following notification by the Town, or service of a notice of violation,
appearance ticket or summons shall constitute a separate offense,
punishable in like manner. Any person or entity found by the Bureau
of Administrative Adjudication to have violated any provision of this
article shall likewise be subject to a monetary penalty within the
range of fines authorized herein for any offense or continuing offense.
