[Added 8-7-2018 by L.L.
No. 15-2018[1]]
This article is adopted pursuant to § 261-a of the
New York State Town Law and the Town of Riverhead Comprehensive Plan.
All of the powers and conditions set forth in Town Law § 261-a
are hereby adopted. The Riverhead Town Board hereby designates the
Riverhead Planning Board as the Town body authorized to implement
the transfer of development rights program as set forth herein.
In addition to the definitions provided in Town Law § 261-a, the definitions in § 301-3 of this chapter shall apply to this article.
It is the intent and purpose of this article to implement the
land use policies set forth in the Town of Riverhead Comprehensive
Plan with specific reference to protection of the lands located within
the Agriculture Protection Zone (APZ), the preservation of agricultural
lands, the support of the existing agricultural industry, and the
necessary and appropriate economic development of the community.
Pursuant to § 261-a, Subdivision 2b, of the New York
Town Law, the relevant sending and receiving districts of the Town
of Riverhead TDR Law shall be those areas specifically mapped in accordance
with the stated goals of the Town of Riverhead Comprehensive Plan
adopted by the Riverhead Town Board by resolution dated November 3,
2003.
A.
Sending district. Prior to mapping a sending district, the Town Board
shall determine:
(1)
That the land consists of agricultural use or prime agricultural
soils or other natural features identified for protection.
(2)
That the sending district is consistent with a Comprehensive
Plan pursuant to § 272-a of the New York State Town Law.
(3)
That the rules and regulations promulgated pursuant to the State
Environmental Quality Review Act (SEQRA) have been complied with.
B.
Receiving district. Prior to mapping a receiving area, the Town Board
shall determine:
(1)
The effects of potential increased development which is possible
under transfer of development rights, including the requirements that
the receiving district contains adequate transportation, water supply,
waste disposal and fire protection, that there will be no significant
environmentally damaging consequences, and that such increased development
is compatible with the development otherwise permitted by any municipality
or agency thereof having jurisdiction to approve permissible development
within the district.
(2)
That the receiving district is consistent with a Comprehensive
Plan pursuant to § 272-a of the Town Law.
(3)
That the rules and regulations promulgated pursuant to the State
Environmental Quality Review Act (SEQRA) have been complied with.
Pursuant to § 301-202 of this article, the Town Board shall be authorized to establish specifically mapped lands in accordance with § 261-a, Subdivision 2b. The following zoning use district is hereby mapped as a sending district:
A.
Agriculture Protection (APZ) Zoning Use District.
Pursuant to § 301-202 of this article, the following zoning use districts are hereby mapped as receiving districts:
A.
Residence A-80 (RA80) Zoning Use District.
B.
Residence A-40 (RA40) Zoning Use District.
C.
Hamlet Residential (HR) Zoning Use District.
D.
Retirement Community (RC) Zoning Use District.
E.
Business Center (BC) Zoning Use District.
F.
Shopping Center (SC) Zoning Use District.
G.
Destination Retail Center (DRC) Zoning Use District.
H.
Commercial/Residential Campus (CRC) Zoning Use District.
I.
Business F Zoning Use District.
J.
Planned Recreational Park (PRP) Zoning Use District.
A.
Preservation credit certificate. A property owner may request preservation
credit certificates from the Planning Board by submission of the following:
(1)
A completed preservation credit certificate application form
to be supplied by the Planning Board;
(2)
Property survey showing existing conditions certified to the
Town of Riverhead and the area to be preserved;
(3)
Current title commitment prepared by a company licensed to do
business in the County of Suffolk and noting the Town of Riverhead
as proposed insured;
(4)
Copy of deed;
(5)
Legal description of the area from which rights are to be severed;
(6)
Copy of tax bill;
(7)
Fee of $500.
B.
Upon the recording of the conservation easement in the office of
the County Clerk, or submission of the conservation easement to the
Planning Board in recordable form, encumbering all or part of a sending
parcel and the provision of evidence of same to the Planning Board
together with a current title insurance policy showing title insurance
acceptable to the Planning Board in an amount equal to the value of
the conservation easement and naming the Town of Riverhead as an insured,
the Planning Board shall issue a preservation credit certificate certifying
that the holder is entitled to a specific number of preservation credits.
Fractional credits may be issued by the Planning Board.
When an application for the allocation of preservation credits
is made to the Planning Board, such Board shall calculate the total
number of credits upon the real property within a designated sending
area using a development yield factor. Development yield is established
by multiplying the gross area of the parcel by the relevant development
yield factor for the sending district. The development yield factor
for all mapped sending areas shall be one right per 43,560 square
feet of unimproved real property, except that no allocation of preservation
credits shall be made for the following:
A.
Real property from which rights have been previously purchased or
transferred.
B.
Real property improved with any structure not an agricultural structure
as defined herein, or any improvement, including golf courses.
C.
Parcels of property less than seven acres in size.
D.
Any land concerning which the Planning Board determines that the
severing of development rights therefrom would be inconsistent with
the goals and objectives set forth in the Comprehensive Plan.
Preservation credits may be used to increase the development
yields within mapped receiving areas according to the procedures set
forth herein. In its determination of the total development yield
of a particular property upon which development rights are to be applied,
the Planning Board shall consider the extent of natural features existing
on the site, including, but not limited to, water surfaces, tidal
wetlands, freshwater wetlands, horizontal area of escarpments, bluffs,
woodlands and beaches below mean high water.
A.
Residence A-80 (RA80) Zoning Use District. Preservation credits may
be used to increase lot yield within the RA80 Zoning Use District.
However, in no instance shall such lot yield exceed one lot per 40,000
square feet after subtracting for that land area required for infrastructure
and public improvements. In its review and approval of subdivision
within the RA80 Zoning Use District utilizing preservation credits,
the Planning Board shall condition the final map approval upon the
redemption of the appropriate number of credits, with the signature
and recording of the subdivision predicated upon the redemption and
retiring of the appropriate number of preservation credits.
B.
Residence A-40 (RA40) Zoning Use District. Preservation credits may
be used to increase lot yield within the RA40 Zoning Use District.
However, in no instance shall such lot yield exceed one lot per 20,000
square feet after subtracting for that land area required for infrastructure
and public improvements. In its review and approval of subdivision
within the RA40 Zoning Use District utilizing preservation credits,
the Planning Board shall condition the final map approval upon the
redemption of the appropriate number of credits, with the signature
and recording of the subdivision predicated upon the redemption and
retiring of the appropriate number of preservation credits.
C.
Hamlet Residential (HR) Zoning Use District. Preservation credits
may be used to increase lot yield within the HR Zoning Use District.
However, in no instance shall such lot yield exceed one lot per 40,000
square feet after subtracting for that land area required for infrastructure
and public improvements. In its review and approval of subdivision
within the HR Zoning Use District utilizing preservation credits,
the Planning Board shall condition the final map approval upon the
redemption of the appropriate number of credits, with the signature
and recording of the subdivision predicated upon the redemption and
retiring of the appropriate number of preservation credits.
D.
Retirement Community (RC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article VIII, Residence RC (RC) Zoning Use District (Retirement Community), of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of one dwelling unit per preservation credit redeemed, not to exceed four dwelling units per 40,000 square feet. In its review and approval of subdivisions within the RC Zoning Use District utilizing preservation credits, the Planning Board shall condition the final map approval upon the redemption of the appropriate number of credits, with the signature and recording of the subdivision predicated upon the redemption and retiring of the appropriate number of preservation credits.
E.
Commercial/Residential Campus (CRC) Zoning Use District. Two-family
residences shall require a lot of 40,000 square feet and shall employ
the use of one preservation credit for the second dwelling unit. However,
in no instance shall the number of dwelling units exceed two dwelling
units per 40,000 square feet after subtracting for that land area
required for infrastructure and public improvements. In its review
and approval of subdivision within the CRC Zoning Use District utilizing
preservation credits, the Planning Board shall condition the final
map approval upon the redemption of the appropriate number of credits,
with the signature and recording of the subdivision predicated upon
the redemption and retiring of the appropriate number of preservation
credits.
F.
Business Center (BC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
G.
Shopping Center (SC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
H.
Destination Retail Center (DRC) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
I.
Business F Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum of 0.3 floor area ratio.
J.
Planned Recreational Park (PRP) Zoning Use District. Preservation credits may be used to increase the development yield associated with site plan applications made to the Town Board pursuant to Article LVI, Site Plan Review, of this chapter. In its review and approval of such site plan applications, the Town Board may increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum of 0.2 floor area ratio.
The Planning Board shall be the sole administrator of the procedures
and functions associated with this article. The Planning Board shall:
A.
Issue preservation credit certificates upon the recording of appropriate
easements.
B.
Keep records of, retain and catalog both issued and redeemed preservation
credits certificates in a Town-managed database.
C.
Prepare and distribute an annual report providing statistics on TDR
program activity.
D.
Discontinue the redemption of preservation credits for residential
properties upon the redemption of 500 residential credits anywhere
within the Town.
E.
Not permit an area encumbered by a conservation easement to be included
in any development yield calculation for subdivision approval by the
Riverhead Planning Board.
[Added 5-7-2019 by L.L.
No. 11-2019]
The agency responsible for commercial site plan approval shall
be the administrator for application of preservation certificates
on commercial site plan applications as follows:
A.
In the event that preservation credit certificates are to be applied
to commercial development as set forth in this chapter, the agency
responsible for commercial site plan approval shall have the authority
to vary the development standards set forth in this chapter, including,
but not limited to, parking, floor area ratio and lot coverage requirements.
The agency responsible for commercial site plan approval shall utilize
the standards set forth in § 267-b of the Town Law of the
State of New York in determining whether to vary development standards
as set forth herein.
