Frequently Asked Questions

A development right represents the development potential on a piece of property. In some cases this development right can be transferred from property in a sending area to a property in a receiving area. Once the development rights are stripped from the sending parcel, that parcel can never be developed. In this way Transfer of Development Rights does not contribute to development, but transfers it from sensitive areas where development is less desirable to already-developed areas where development is more appropriate.

The Southampton Transfer of Development Rights (TDR) program has the goal of lowering or eliminating development in areas that should be preserved, including:

• Porous moraine soils, found in the CR-200, CR-120, CR-80, R-120 and R-80 Districts, will be retained for the purpose of maximizing groundwater recharge while lessening potential pollution of these ground waters by individual sewage disposal systems.
• Soils found in the Agricultural Overlay District and conforming to United States Soil Conservation Service capability Classes I and II will be retained for permanent agricultural use.
• Wetlands, as defined in the Town Code, and their immediate upland environments will be retained for their ecological benefits and held in permanent open space use.
• Lands found in an area designated by the Comprehensive Plan for a greenbelt park system or for an individual park, beach or public recreation area, which will be retained for such open space use.
• Lands located with the core preservation area of the Central Pine Barrens Overlay District established under Article XXIV of Section 330.
• Lands located within the Old Filed Map Overlay District established under Article XI of Section 330.

Receiving sites shall be recognized by municipal regulations, including but not limited to the Town Code and Comprehensive Plan, the Suffolk County Sanitary Code and the Central Pine Barrens Plan.

In some cases, the TDR program will allow development in receiving areas at a greater residential density than would be allowed under the current zoning or, alternatively, will allow more intense development of certain eligible nonresidential properties. This increased density and intensity creates added value in these receiving areas that can only be realized with the purchase and redemption of TDRs.

By recognizing the existing development rights of the land the town wishes to protect, and allowing property owners to transfer or convey those rights to others who wish to develop in other areas, landowners and farmers are able to realize the asset value of their lands without developing them fully.

There are many ways that Southampton Town TDRs can be used, depending on the zoning district, site, and individual project. Some of these include:

• Residential Receiving Area District (Article XXV, 330:230-234)
• Old Filed Map Overlay District (330:54-56)
• Special Old Filed Map Overlay District (330-59-60)
• Residence Districts (330:9) Density Incentive
• Planned Development District (Article XXVI, 330:240-244)

If you are considering using TDRs in a development proposal that falls under any of the areas mentioned above, please set up a meeting with the Planning Department to discuss the specifics of such an application.

Approval by the Suffolk County Department of Health Services (SCDHS) is required for all projects which use TDRs.

To implement the TDR Program, the Town Board created the Southampton TDR Clearinghouse and Bank, pursuant to Town Code Chapter 244(6). The bank will issue TDR Certificates through a procedure set forth in Town Code section 244, and monitor their use in receiving areas.

The Town of Southampton has adopted a Community Preservation Project Plan that allows the funds generated from a two-percent real estate transfer tax to fund the establishment of a TDR Clearinghouse and Bank pursuant to §261-a of the Town Law. The TDR Clearinghouse and Bank will allow the town to act as a clearinghouse of information for potential sellers and buyers of development rights.

After development rights have been transferred from sending parcels which are not farmland or golf courses, those parcels shall be protected from future development and additional nitrogen inputs in perpetuity and shall remain as open space or nature preserve.

After development rights have been transferred from sending parcels in active farm use, golf courses, or parcels with other nitrogen inputs associated with their use, these parcels shall be protected from future development in perpetuity but agricultural uses and other activities involving nitrogen inputs may remain. However, the development rights from these parcels will be tracked separately from those removed from open space parcels and may only be used to increase residential density under Southampton zoning codes, they shall not be used to exceed the basic development density standards of the Suffolk County Health Department in the Groundwater Management Zone in which the parcel is located, pursuant to Article 6 of the Suffolk County Sanitary Code.