[HISTORY: Adopted by the Town Board of the
Town of Southampton 10-23-2001 by L.L. No. 45-2001; amended in its entirety 2-23-2010 by L.L. No.
6-2010. Subsequent amendments noted where applicable.]
A.
Transfer of development rights. The Town Board through the adoption
of the 1999 Comprehensive Plan Update has determined that the natural,
scenic, and/or agricultural qualities of open land, areas of special
character or special historic, cultural or aesthetic interest or value
are important to the Town of Southampton and should be protected.
The scenic, historic, cultural and economic identities of the Town
are embodied in its farmland as well as the natural environment. Indirectly,
the Town's second home and tourism industries are anchored by
the scenic beauty and history provided by the Town's farmland
and natural resources. For example, the continued loss of farmland
is at this time critical to the future of farming for, with continued
losses, the critical mass necessary for a farming economy will disappear.
The 1999 Comprehensive Plan Update recommends that transfer development
rights (TDR) be used as one of the tools to reduce density on farmland
parcels, environmentally sensitive lands, and scenic vistas. Current
transfer development rights programs used within the Town consist
of the following: Old Filed Maps, Special Old Filed Maps, Transfer
of Permitted Residential Development Rights, Increased Residential
Density to Establish Low- and Lower-Middle Income Housing Inventory,
Density Incentive, Planned Development Districts and the Pine Barrens
Credit Program. Additionally, Article 6 of the Suffolk County Sanitary
Code permits the use of transfer of development rights. These existing
programs allow for transfer of development rights and sewage density
increases, in very limited circumstances. These proposed procedures
will facilitate and enhance these existing programs and will encourage
other appropriate shifts in density.
B.
The Town Board finds that one of the tools available to protect the
natural, scenic, and/or agricultural qualities of open land, areas
of special character or special historic, cultural or aesthetic interest
or value is the use of a transfer of development rights (TDR) program.
The transfer of development rights also enables and encourages flexibility
of design and careful management of land in recognition of land as
a basic and valuable natural resource. This chapter is intended to
facilitate the Town's existing programs and to encourage the
transfer of development from lands exhibiting qualities that warrant
preservation, to receiving sites recognized by municipal regulations
and programs, including, but not limited to, the Town Code and Comprehensive
Plan, the Suffolk County Sanitary Code or the Central Pine Barrens
Plan. By recognizing the existing development rights of the land the
Town wishes to protect, and by allowing property owners to transfer
or convey those rights to others who wish to develop in other areas,
landowners are able to realize the asset value of their lands without
developing them fully.
C.
Further, the Town of Southampton has adopted a Community Preservation
Fund (CPF) Project Plan that allows the funds generated from a two-percent
real estate transfer tax to fund the establishment of a transfer of
development rights (TDR) program pursuant to § 261-a of
the Town Law in order to preserve and protect the natural, scenic,
and/or agricultural qualities of open land, areas of special character
or special historic, cultural or aesthetic interest or value identified
by the Town as necessary to protect community character. The establishment
of a Development Rights Clearinghouse will allow the Town to utilize
Community Preservation Funds to facilitate the purchase of development
rights by private landowners. The Town will have the mechanism to
purchase development rights using Community Preservation Funds and
then to sell them, thereby recycling Community Preservation Funds.
The Town Board will be the Clearinghouse, and this chapter shall allow
for the establishment of a special fund to administer the transfer
of development rights that originate from parcels within the Agricultural
Overlay District, Aquifer Protection Overlay District, Central Pine
Barrens Overlay District or other environmentally sensitive lands
identified in the Town's CPF Project Plan.
D.
The establishment of these procedures will facilitate the transfer
of development rights within the Town of Southampton and create a
development rights certificate program that may be recognized by the
Suffolk County Department of Health Services and other municipal agencies.
This chapter defines the formula for calculating the allocation of
development rights for residential and nonresidential parcels and
the procedure for obtaining a development right allocation letter
and development rights certificate. Once these development rights
are defined for a parcel which has been identified to possess natural,
scenic, and/or agricultural qualities of open land, areas of special
character or special historic, cultural or aesthetic interest or value,
they can be transferred to receiving sites recognized by municipal
regulations, including, but not limited to, the Town Code and Comprehensive
Plan, the Suffolk County Sanitary Code or the Central Pine Barrens
Plan. No longer will a landowner have to own both the sending and
receiving sites to utilize development rights within the Town.
A.
Development rights may be allocated for each parcel of land established
as a separate tax lot as of the effective date of this chapter upon
the request of the landowner. Such parcel of land shall be determined
by the Administrator of the Department of Land Management, or designee,
to be a specific sending site pursuant to municipal regulations or
the Comprehensive Plan or be listed as a parcel to be protected in
the Town's CPF Project Plan or otherwise possess natural, scenic,
and/or agricultural qualities of open land, areas of special character
or special historic, cultural or aesthetic interest or value. If the
Administrator of the Department of Land Management or designee finds
that the parcel of land does not qualify, the landowner may make a
written request to the Town Board appealing the determination.
B.
Residential development rights allocation. Within all residential zoning districts, one development right may be allocated for each single-family dwelling permitted on a qualified parcel of land, based upon the development right allocation established by multiplying the gross area (in acres) of the parcel of land by the following development right allocation factor for the applicable zoning district. The applicable development right allocation factor for a particular parcel of land is based upon the zoning requirements of Chapter 330 of the Town Code that was in existence as of November 1, 2001, for lands within the Agricultural Overlay District and January 1, 2010, for lands outside the Agricultural Overlay District. Fractional development right allocations shall be rounded to the nearest 1/100 (or 0.01) of a credit.
(1)
The development right allocations for qualified parcels of land within
the Agricultural Overlay District are as follows:
|
Allocation Table For Lands Within the Agricultural Overlay
District
| |||
|---|---|---|---|
|
Zoning District
|
Minimum Lot Area of Zone
|
Development Right
Allocation Factor
| |
|
CR-200
|
200,000
|
0.22
| |
|
CR-120, R-120
|
120,000
|
0.36
| |
|
CR-80, R-80
|
80,000
|
0.55
| |
|
CR-60, R-60
|
60,000
|
0.73
| |
|
CR-40, R-40
|
40,000
|
0.92
| |
(2)
The development right allocations for qualified parcels of land outside
the Agricultural Overlay District are as follows:
|
Allocation Table For Lands Outside the Agricultural Overlay
District
| |||
|---|---|---|---|
|
Zoning District
|
Minimum Lot Area of Zone
|
Development Right
Allocation Factor
| |
|
CR-200
|
200,000
|
0.16
| |
|
CR-120, R-120
|
120,000
|
0.27
| |
|
CR-80, R-80
|
80,000
|
0.40
| |
|
CR-60, R-60
|
60,000
|
0.60
| |
|
CR-40, R-40
|
40,000
|
0.80
| |
|
R-20
|
20,000
|
1.60
| |
|
R-15
|
15,000
|
2.00
| |
|
R-10
|
10,000
|
2.70
| |
C.
Nonresidential development right allocation. Within all nonresidential zoning districts, one development right may be allocated for each one acre of gross lot area of the parcel. Fractional allocation of a development right shall be rounded to the nearest 1/100 (or 0.01) of a credit. For example, as shown in § 330-37 of the Town Code, one acre in the Light Industrial (LI-40) Zone would equal one development right.
D.
No development right shall be allocated for property for which development
rights have previously been used, or allocated for use, under this
chapter, nor for lands which are encumbered by an easement, covenant
or other deed restriction for the purpose of land protection, preservation
or conservation except where deed, easement or covenant provides otherwise.
E.
Partially improved parcels or parcels where residual uses remain
shall receive a decreased allocation based upon the extent of improvement
or residual use. There shall be a proportional decrease in allocation
based upon the receipt of discretionary permits for improvement of
the parcel.
(1)
For example, in calculating subdivision yield on real property within the Agricultural Overlay District where some development rights have been transferred, the square footage for each development right that has been transferred shall be excluded along with the other areas listed in § 292-10B of the Town Code as areas excluded in determining the number of legal building lots. For example, a ten-acre parcel in the Agricultural Overlay District and CR-80 Zone will be allocated 5.5 development rights using the formula defined in this section. If the landowner sells one development right and then files an application with the Planning Board to subdivide his property, before calculations of proposed number of building lots are determined pursuant to § 292-10 of the Town Code, 80,000 square feet or the respective minimum lot area (representing one development right that has originated in a CR-80 Zone or other applicable zoning district) must be deducted from the total square footage of the property to be subdivided.
(2)
No deductions shall be made if development rights have been transferred in determining the amount of acreage that may be preserved under § 247-8B, C, and D of the Town Code (or set aside), and the square footage of the development rights transferred shall be added to the set-aside percentages of land to be preserved pursuant to § 247-8 of the Town Code.
F.
Notwithstanding the aforementioned requirements, one development right may be allocated for a nonconforming parcel of land having an area of 10,000 square feet or greater, provided said parcel has been held in single-and-separate ownership prior to and since the effective date of Chapter 330 (Zoning) of the Town Code or any amendment thereafter making the parcel nonconforming. One-half (0.5) development right may be allocated for any such single-and-separate, nonconforming parcel having an area greater than or equal to 4,000 square feet and less than 10,000 square feet. Single-and-separate, nonconforming parcels of land having an area less than 4,000 square feet may be allocated a fractional development right proportional to the square-foot area of the parcel divided by the minimum square-foot lot area requirement of the respective zoning district.
[Amended 11-14-2017 by L.L. No.
35-2017]
G.
A parcel of land that is not capable of subdivision into additional parcels and which contains wetlands may be allocated one development right, provided said parcel has an area of at least 10,000 square feet and, if nonconforming, has been held in single-and-separate ownership prior to and since the effective date of Chapter 330 (Zoning) of the Town Code.
H.
A parcel of land that is capable of subdivision into additional parcels
and which contains wetlands shall exclude the area of wetlands when
calculating the development right allocation in accordance with the
allocation tables contained in this section.
I.
The allocation of development rights on a parcel of land in the Old
Filed Map and Special Old Filed Map Overlay Districts shall be pursuant
to the provisions for calculating fractional development rights contained
in Articles XI and XII of the Town Code, respectively.
J.
The allocation of development rights on a parcel of land in the Compatible
Growth Area of the Central Pine Barrens Overlay District shall be
pursuant to the provisions of Article XXV of the Town Code. Pine Barren
Credits from the Core Preservation Area of the Central Pine Barrens
may only be issued by the Central Pine Barrens Joint Planning and
Policy Commission.
A.
An owner of a parcel of land can obtain a development right allocation letter from the Administrator of the Department of Land Management or designee that indicates the number of development right that can be allocated and transferred off of a parcel of land. The Administrator of the Department of Land Management or designee shall allocate development rights in accordance with § 244-2 of this chapter or based on a subdivision yield map designed in accordance with the standards of Chapter 292 (Subdivision Regulations) of the Town Code. A landowner shall provide a certified survey of a property with a written request in order for the development right allocation letter to be issued. The Department of Land Management shall maintain a record of all development right allocation letters and the number of development rights available on parcels that have received development right allocation letters.
B.
If a landowner disputes the allocation calculation, a written request
to the Planning Board appealing the development right allocations
can be submitted. Once the appeal is received, the request shall be
placed on the next available Planning Board meeting agenda to present
reasons for disputing the allocation. The landowner shall provide
a certified survey before the Planning Board issues a determination
on the appeal.
C.
If a landowner disputes the Planning Board's determination on
the appeal of the allocation calculation, the landowner shall have
the remedy of filing an Article 78 proceeding in State Supreme Court.
Such proceeding shall be instituted within 30 days of the filing of
the Planning Board decision in the office of the Town Clerk.
D.
The development right allocation letter shall expire after one year
but may be renewed for an additional year if an application is made
to the Administrator of the Department of Land Management or designee
and there has been no change in circumstances.
A.
A landowner who decides to obtain a development right certificate
must present a current development right allocation letter obtained
from the Administrator of the Department of Land Management or designee
and must place a conservation easement on the property that defines
the number of development rights that shall be removed from the property
and the number of development rights remaining on the property. This
easement must be filed with the office of the County Clerk, and the
Department of Land Management must be notified of this transaction.
The easement may not be recorded until all title issues are resolved
and the Town Attorney has approved the easement as to its form, and
the Town Board has accepted the conservation easement after due notice
and a public hearing has been held pursuant to General Municipal Law
§ 247. In lieu of the filing of a conservation easement,
the landowner may dedicate or convey the fee title or lesser interest
in the land to a municipality or other qualified conservation organization,
provided said dedication or conveyance achieves the protection of
the resource sought by the Town.
B.
Once the conservation easement or dedication instrument has been
recorded in the office of the Suffolk County Clerk and the Administrator
of the Department of Land Management or designee has been given proof
that the easement or dedication instrument has been filed, the Administrator
of Land Management shall provide the landowner with a development
right certificate containing the number of development rights the
landowner has removed from a property.
In the case of transfer, sale or conveyance of a Southampton
Town development right certificate, a new owner must immediately present
the certificate to the Administrator or designee together with written
evidence of the transaction (i.e., a bill of sale or signed agreement
with the previous certificate owner). The Administrator or designee
shall fill out the Transfer/Sale/Conveyance form on the development
right certificate with the following information: grantee name and
contact information, grantor name and contact information; number
of rights transferred / sold / conveyed; the date of the transaction;
any interest secured as part of the transaction; and the consideration
exchanges. The old development right certificate shall then be stamped
"CANCELED," and an updated development right certificate shall be
issued to the owner(s).
An owner of a development right certificate who intends to redeem
it must present the original certificate to the Administrator of the
Department of Land Management or designee, who will verify the authenticity
of the certificate and direct the certificate owner to the appropriate
board or department. Once the certificate owner has committed to extinguishing
or transferring all or some of the rights contained in the certificate,
the original certificate shall be delivered to the Administrator of
the Department of Land Management or designee, who shall extinguish
the number of rights defined in the certificate or issue a new certificate
containing the balance of the remaining unused development rights.
The Administrator of the Department of Land Management or designee
may also present a receipt to the certificate owner, who must extinguish
development right(s) in order to satisfy a condition of a municipal
approval or permit.
The Town Board finds that, in order to implement the Comprehensive
Plan toward the protection of the natural, scenic, and/or agricultural
qualities of open land, areas of special character or special historic,
cultural or aesthetic interest or value, steps must be taken to promote
the use and sale of development rights established under the program
and that the best means of providing this assurance is through the
establishment of a Development Rights Clearinghouse, consisting of
the Town Board. The establishment of the Clearinghouse will allow
landowners to purchase development rights that the Town obtained using
Community Preservation Funds and other funding sources. This will
create another mechanism to utilize private funds to purchase development
rights that benefit all Town residents. The Clearinghouse shall purchase
development rights and coordinate with the Administrator of the Department
of Land Management or designee, who shall track these development
rights. The Clearinghouse shall function subject to the provisions
set forth below:
A.
The Clearinghouse shall allow for the establishment of a special
fund to administer funds generated and allocated from the transfer
of development rights.
B.
The Clearinghouse may establish the monetary value of development
rights to be purchased and sold by the Clearinghouse.
C.
The Clearinghouse may purchase development rights from property owners
to further the objectives of the Comprehensive Plan.
D.
The Clearinghouse may apply for, receive, accept, and utilize, with
the approval from any federal, state, or other public or private source,
grants or loans for, or in aid of, the Board's authorized purposes.
E.
The Clearinghouse may utilize funds allocated for Clearinghouse purposes
and to implement appropriate fiscal and accounting practices.
F.
The Clearinghouse may create an Advisory Board to advise the Clearinghouse
on matters involving the purchase and sale of development rights and
to promote the transfer of development rights within the Town of Southampton.
G.
The Town Board may appoint such consultants or employees as the Clearinghouse
may require for the performance of its duties.
