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.