HomeMy WebLinkAbout10_Land Preservation Final 5-16 2019 CLEANSouthold Town Comprehensive Plan Update
This document was prepared for the New York State Department of State
with funds provided under Title 11 of the Environmental Protection Fund.
Land Preservation
Final
October 23, 2012
Updated May 16, 2019
1
This chapter discusses land preservation as it pertains to Southold Town’s vision for its future.
Southold’s residents have historically been in favor of land preservation to maintain the Town’s
farmlands and open spaces. The goals and objectives to achieve adequate preservation of the
Town’s land resources are presented.
Background
Southold’s character is formed in large part by its open spaces, including its farmland, natural
lands, and parks. Protecting these assets has long been a goal of the Town. Since 1983, the Town
has actively funded land preservation projects through bonds and the funds generated through the
Peconic Bay Community Preservation Fund Act (CPF) (see Appendix 7 for more details on the
CPF). From 1983 to 2018, Southold Town has protected a total of 3,351 acres through purchases
of land and development rights.
Purchases of land and farmland development rights continue to be an important part of land
preservation; however, the Town recognizes that additional methods of preserving land are
necessary to maintain Southold’s quality of life and agricultural base. These include subdivision
regulations that require clustering to create open space, as well as incentive-based, voluntary
programs to reduce density. In 2006 the Town Board enacted new subdivision regulations,
codifying the conservation subdivision (incentive-based and voluntary), as well as a mandatory
clustering requirement for standard subdivisions. Conservation subdivisions are voluntary and
preserve a minimum of 75 percent of the land, along with up to a 75 percent density reduction
for which the landowner is compensated. Standard subdivisions require that 60 percent of the
land be preserved as open space for parcels seven acres or more. So far, about 820 acres have
been preserved as open space due to the clustering requirement for subdivisions.
The Town also offers variations on the conservation subdivision concept. These variations
preserve land and provide benefits to the landowner in the present, while deferring any actual
subdivision until later. Such options include the Open Development Area (ODA) plans and the
Agricultural Planned Development District (Ag PDD) programs.
Other entities in addition to the Town that have preserved land in Southold include the park
districts, Suffolk County, New York State, federal agencies (National Oceanic and Atmospheric
Administration (NOAA), United States Fish & Wildlife Service) and non-profit organizations
such as the Peconic Land Trust and The Nature Conservancy.Table 10-1 includes a summary of
all land preserved to date.
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Table 10-1.Protected Lands in Southold Town
Nearly 27 percent of the total land area of Southold Town is protected from development, and a
nearly equal amount—also approximately 27 percent—of its total land area is available for
development, as shown in Table 10-2. More than half of the land available for development is
currently farmland. A more detailed discussion of land use can be found in Chapter 3, “Land Use
& Zoning.”
Owner & Type of Protected Land Total
New York State Open Space1 477
New York State Parkland2 384
Park District 167
Private Farmland Development Rights3 207
Private Open Space3,4 924
Southold Town Farmland Development Rights 2,633
Subdivision Open Space 828
Suffolk County Farmland Development Rights 1,751
Suffolk County Open Space 525
Suffolk County Parkland 134
Town Open Space 633
Town Parkland 71
Town/County Partnership Open Space 218
Total 8,952
1.Open Space represents lands purchased outright for preservation where typically only passive
recreation takes place (e.g., hiking, nature observation).
2.Parkland represents parks where active recreations takes place (typically ball fields, tennis courts,
etc.).
3.Private represents non-profits and other non-government groups that have protected land.
4.Development Rights represent land where the rights to develop were purchased
(e.g., farmland where the landowner retains the right to farm it, but sells the rights to build houses.)
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Table 10-2.Protected Lands and Land Available for Development*
Since April 2004, the Town has tracked its rate of land preservation versus land development.
This effort was conducted primarily on the mainland where the bulk of the subdividable land is
located. The land, located in R-40, R-80 and AC zoning districts, had an overall preservation rate
of 93 percent from 2004 to 2018.
The following are the goals and objectives relating to land preservation in Southold Town.
Goals
1.Farmland
Continue to promote farming with an overall goal of retaining at
least 8,000 acres (80 percent of the current agricultural acreage)
in agriculture.
Protecting farmland from conversion to residential development is crucial to Southold’s
future, both for its economy, and its community character. Funding to purchase additional
development rights is expected to be available for many years due to (1) the extension of the
Peconic Bay CPF to 2050; (2) strong property values; and (3) a robust number of property
transfers.
In addition to the purchase of development rights, agriculture is best protected by ensuring
that farming remains a viable business. The total amount of land in agriculture in 2018
equaled approximately 10,000 acres, or 30 percent of Southold’s total land area. About 48
percent of the 10,000 acres is protected in some way (see Chapter 9, “Agriculture,” for more
details), which leaves about 5,200 acres of farmland available for residential development
(technically some portion of this land would be protected by the 60 percent open space
requirement for subdivisions of 7+ acre parcels). In other words, of the 8,800 +/- acres of
land available for development in Southold Town, over 5,200 of those acres, or about 60
Acres
Land protected from development
(except agricultural development is allowed on development-rights sold land)8,952
Land available for development
Parcels ≥7 acres in residential zoning districts must preserve at least 60%
of the area as open space when subdividing into additional lots.
Note that this amount is an estimate, based on the best available data, and
is subject to constant change.
8,357
* The remainder of the land in the Town is either developed or considered unavailable for
development for various reasons.
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percent, is farmland. Ideally, all of this land would continue to be available for agriculture;
however, in the case that some conversion of agricultural land does occur, the Town’s goal is
to ensure that at least 80 percent of current farmland remains in agriculture.
Goal 1.1 Ensure Southold Town Code & policies encourage and
advance the business of agriculture
(See Goal 1.1 of Chapter 9, “Agriculture,” for detailed objectives to encourage &
advance the industry of agriculture).
Goal 1.2 Continue to purchase farmland development rights to
preserve farmland.
Landowners have the option to sell development rights to government entities via several
funding mechanisms, including the 2 percent transfer tax known as the Peconic Bay Region CPF
(see Appendix 7 for more detail on the CPF). The sale of development rights extinguishes the
right to build houses, while retaining the right to use the land for farming. A total of 4,760 acres
farmland have been protected from residential development, with over half of those acres having
been protected by the Town. The Town has been active in the purchase of development rights
and has protected over 2,600 acres of farmland in this way.
Objectives
1)Prioritize farmland preservation efforts to create large, contiguous blocks of farmland
where possible.
2)Regularly update the Peconic Bay CPF Plan.
This plan, created as a result of the Peconic Bay Region Community Preservation Fund
Act, contains the list of parcels eligible to be purchased using the funds generated by this
program (see Appendix 7 for more details on the CPF).
3)Continue to seek partnerships with Suffolk County and New York State to protect
farmland.
4)Continue to seek grants to increase the amount of land the Town can protect.
5)Contact appropriate state-elected officials to promote the extension of the CPF, which
will sunset in 2050.
6)Identify other financing opportunities and mechanisms to protect land including issuing
additional local bonds, creating additional partnerships, and finding other financing tools
including bargain sales and estate planning.
7)Keep preserved agricultural land in active agriculture through incentives and easement
requirements.
8)Ensure that information about options for landowners regarding land preservation for
agriculture is readily available on the Town’s website, as well as in the Planning and
Land Preservation Departments.
Responsible Parties:Land Preservation Committee, Land Preservation Coordinator
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Possible Partnerships: Agricultural Advisory Committee, Peconic Land Trust; Suffolk County,
New York State, Federal funding sources
Goal 1.3 Subdivisions of farmland
Promote conservation subdivisions and design all subdivisions of farmland to
enhance agriculture.
Where land is being subdivided, continue to encourage conservation subdivisions where
possible. Where standard subdivisions do occur on farmland, ensure that the clustering
provision of the subdivision code is implemented to best preserve the future of farming on
the parcel.
Objectives
1)Promote the benefits of conservation subdivisions, Open Development Area Plans
(ODA), and Agricultural Planned Development Districts (Ag PDD) to landowners and
continue to expedite the processing of conservation subdivision applications in the
Planning Department.
2)Design both standard and conservation subdivisions involving farmland to enhance
farming and minimize potential incompatibility with residential neighbors by
incorporating the following into the design:
a.Design the location of the lots so that the remaining farmland is of a shape and
size that is conducive to farming (e.g., tractors can maneuver, access to sunlight is
maximized, and the number of adjacent residential lots is minimized).
b.Design the location of the open space/farmland so it is contiguous with other
farmland.
c.Avoid locating lots adjacent to active farmland to the extent possible.
d.Where lots are adjacent to farmland, provide vegetated evergreen buffers on the
residential lots.
e.Design agricultural open space to maintain the viable agricultural lot. Issues to be
considered include the location of the irrigation well, farm utility buildings, and
existing or future homestead location, among others.
3)Encourage a continuation of farming on agricultural land that is preserved in a
subdivision.
4)Monitor and enforce required buffers adjacent to farmland and open space.
Responsible Parties:Planning Board, Planning staff, Land Preservation Committee,
Land Preservation Coordinator
Possible Partnerships:Suffolk County, New York State, Federal grant programs
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2.Open Space
Continue to preserve lands with high quality natural resources, including wetlands,
watersheds, shorelines, significant trees and woodland, and wildlife habitat; those lands with
recognized scenic values; and smaller parcels that could provide for village greens or
neighborhood pocket parks.
Protected land other than farmland is often referred to as open space. Open space lands are
typically purchased outright (as opposed to farms where only the development rights are
purchased and the landowner retains ownership of the land itself.)
With approximately 3,100 acres of non-farmland remaining available for development, there
remain opportunities to preserve other types of land to achieve important goals such as the
preservation of natural resources, scenic resources, and creation of pocket parks or hamlet
greens.
Goal 2.1 Continue to purchase open space parcels.
Purchasing land for preservation remains one of the surest ways to protect the land. The
Town continues to have a steady stream of income for land preservation from the Peconic
Bay CPF program. In addition, the Town continues to receive grant funds and participate in
partnerships with other entities to purchase open space.
Objectives:
1)Prioritize the existing parcels for open space in a public process and using the following
parameters as a guide:
a.Parcel will help to create a contiguous block of open space to improve the habitat
values of natural lands
b.Parcel contains environmentally sensitive areas
c.Parcel will help protect surface and/or groundwater quality
d.Parcel provides meaningful access to the water in areas that lack public boat
ramps and beaches
e.Parcel provides a trail extension or connection and enhances the Town’s trail
system
f.Parcel contains scenic values (see Chapter 5, “Community Character,” for
recommendations on a scenic inventory)
g.Parcel is in the 100-year floodplain
h.Parcel provides value as a village green in or near a hamlet center
i.Other criteria
2)Consider a separate prioritization system for parcels on Fishers Island.
3)Identify other financing opportunities and mechanisms to protect land including
additional local bonds, partnerships, and other financing tools, including bargain sales
and estate planning.
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4)Ensure that information about options for landowners regarding land preservation is
readily available on the Town’s website, as well as in the Planning and Land Preservation
Departments.
Responsible Parties:Land Preservation Committee, Land Preservation Coordinator
Possible Partnerships:Henry L. Ferguson Museum Land Trust (Fishers Island)
Goal 2.2 Subdivisions of non-farmland. Promote conservation subdivisions
& design all subdivisions of non-farmland to enhance natural and
scenic resources.
When subdivisions occur, they must be designed so that natural and scenic resources are
taken into account and protected to the extent possible. This can be accomplished through
clustering the lots to avoid development in environmentally sensitive areas and scenic
viewsheds.
Objectives:
1)Encourage conservation subdivisions on lands with high quality natural and/or scenic
resources.
2)Design clustered subdivisions of non-farmland to be compatible with adjacent open
spaces and other protected lands by making the open space from the subdivision
contiguous with the existing open space.
3)Promote trails and links to existing trails when designing clustered subdivisions.
4)Aggregate open space as much as possible to create larger blocks.
5)Limit the number of lots that border the open space to the extent feasible to limit future
encroachment issues.
6)Consider increasing the mandatory open space percentage for subdivision on lands
located over particularly sensitive aquifers (e.g., in sole source aquifers where private
wells are the main source of drinking water).
Responsible Parties:Planning Board, Planning Department
Possible Partnerships:Land Preservation Committee, Land Preservation Coordinator,
Peconic Land Trust, The Nature Conservancy; Suffolk County
Goal 2.3 Protect the environmentally sensitive and historically significant
areas of Plum Island.
Plum Island, an 840-acre island located less than a mile off Orient Point, has been under the
control of the federal government since before zoning was enacted in Southold. The federal
government continues to operate the animal disease research lab on the island; however,
there is legislation from Congress directing the U.S. General Services Administration to sell
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the island so that funding can be obtained to build a new lab elsewhere. Without zoning, the
island is vulnerable to inappropriate development should it become privately owned. Zoning
Plum Island is necessary to ensure that the natural and economic resources are protected,
along with the public’s health, safety, and welfare.
Much of the island, though heavily used in the past by the military, has reverted to its natural
state, and now contains significant wildlife habitat, including endangered and threatened
plant and animal species. The Town must consider how it will protect the environmentally
sensitive areas of the island, while retaining the economic benefits in the form of jobs that the
research lab provides.
Objectives:
1)Apply a zoning district to the island that addresses its unique circumstances, including the
natural resource and scenic values, as well as the potential to provide jobs in the future.
2)Explore the feasibility of working with other government agencies to protect the
environmentally sensitive areas on Plum Island.
Responsible Parties:Planning Department
Possible Partnerships:U.S. Fish & Wildlife Service, The Nature Conservancy
3.Active Recreation.
Southold Town offers numerous recreational opportunities on its land and waters, and has
acquired and managed many acres of recreational lands through its diverse programs. Further
opportunities have been established by the four park districts, those of Mattituck, Cutchogue-
New Suffolk, Southold, and Orient-East Marion.
Goal 3 Continue to preserve lands for active recreation where needed
Detailed objectives relating to active recreation and possible additional land preservation for
that purpose can be found in Chapter 13, “Parks & Recreation.”
Responsible Parties:Parks & Recreation Committee, Recreation Department
Possible Partnerships:Land Preservation Committee, Land Preservation Coordinator
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4.Land Stewardship.
Land stewardship is an important aspect of the land preservation program and involves managing
Town-owned land, as well as monitoring the Town’s easements on lands where development
rights were purchased or where preservation was a condition of a subdivision approval. The
purpose for managing and monitoring land preserved with town funds is to ensure that the use of
those lands, if any, meets the purpose(s) for which they were preserved.
Goal 4.1 Ensure compliance with Town-held conservation,
open space and development rights easements.
The Town holds easements over farmland and other types of land, meaning the Town has
extinguished the development rights by purchasing them or requiring they be extinguished
via the cluster subdivision process. To ensure the easement is being honored over time, the
land must be monitored regularly. The Town Land Preservation Department monitors the
easements over land where development rights have been purchased, including over 100
parcels representing over 2,000 acres of land. The Town holds additional easements over
open space in subdivisions that represent over 700 acres, and which are in need of being
included in a formal monitoring program.
Objectives
1)Expand the easement monitoring program to include the lands protected through the
subdivision process.
2)During the monitoring of each easement, record the use of the property and add that data
to the GIS database.
3)Standardize annual or biannual monitoring of easements.
4)Standardize easement language to the extent possible (both for purchase of development
rights and subdivision open space) to facilitate future compliance and monitoring.
5)Provide educational materials to new owners of land over which the Town holds an
easement to alert the landowner to the terms of the easement and reduce the potential for
inadvertent easement violations.
6)Create pamphlets containing information on easements to send to new landowners.
7)Create online resources on Town website.
8)Formalize the procedure for the notification to new landowners with Town-held
easements and request acknowledgement of receipt of notification.
9)Provide educational materials to landowners adjacent to protected lands to reduce the
potential for encroachments (both online and in paper format).
Responsible Parties:Land Preservation Coordinator, Town Planning Director
Possible Partnerships:Landowners, Homeowners Associations
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Goal 4.2 Continue to manage Town-owned open
space/nature preserves through a land
stewardship program.
The Town manages the open space/nature preserves it owns through routine maintenance and
management plans. There are over 50 preserved parcels, representing over 800 acres of land
to be managed, and there are 11 town preserves managed for public use as of April 2019.
The management plans outline the uses for each preserve, the trail system (if any), and other
appropriate uses, as well as steps the Town should take to responsibly manage the property
for the purpose it was preserved, including creating and maintaining parking areas, wildlife
habitat management, and trail maintenance.
Objectives
1)Maintain current trails and public access points to town nature preserves.
2)Plan to open additional preserves to the public as time and resources allow.
3)Balance public access with protecting the ecological integrity of each town preserve.
4)Create policies and/or guidelines for routine maintenance of town open space/nature
preserves.
5)Continue to write, adopt, and implement management plans for all preserves.
6)Plan a trail system that includes links to existing trails, recreational facilities, and new
trails where feasible.
7)Create a formal volunteer or “friends” program to help preserve stewardship.
8)Establish a formal process for the public to report problems at preserves.
9)Create an Adopt-a-Preserve program where groups can provide funding for land
stewardship.
10)Educate the public about everyday land stewardship values they can follow when visiting
preserves.
11)Promote the public’s use of the trails through the following:
a.Making the trails accessible on smart phones with live GPS tracking
b.Creating self-guided walking tours (e.g., podcasts) offering insights into the
geology, history, wildlife, and natural features of each preserve
c.Posting the trail maps online for download
d.Paper Trail maps/brochure handouts
e.Trail maps & information at trail-head kiosks
Responsible Parties:Land Preservation Coordinator, Land Preservation Committee
Possible Partnerships:Volunteers, civic associations, Boy Scouts, Girl Scouts, Reserve
Officer Training Corps (ROTC), Rotary Clubs, Elks Clubs, Chambers of Commerce,
local businesses, schools, North Fork Audubon
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Goal 4.3 Provide the public with an online resource to find
preserves open to the public and provide information
about land protected with easements.
Objectives:
Create an interactive map for the website that includes all the protected lands.
Information for each protected parcel to include the following:
•Protection type (owned by Town or easement held by Town)
•Whether it is open to the public
•General description of the allowed and prohibited uses
Responsible Parties:Land Preservation Coordinator
Possible Partnerships:GIS Coordinator, Southold Town Information Technology
Department, Southold Town Planning Department