Pine Barrens Credit Program
(Transfers of Development Rights)
Updated through 1/29/10
Pine Barrens
Credit
Program Overview:
- Fact sheet (1 page): pdf
- Detailed overview (24 pages, presentation format): pdf
- "PBCs 1-2-3: How to Obtain Pine Barrens Credits for Your
Project"
(1 page, double sided flyer): pdf
- Unofficial list of NY Environmental Conservation Law references
to
development
rights and values, transfers and easements: pdf.
- Central Pine Barrens Plan section regarding the PBC Program: Chapter
6 of the Pine Barrens Plan Volume 1
- PBC Program Handbook, a question and answer guide to the PBC
Program
(39
pages): pdf
- Credit Program Summary as of 1/1/10 (1 page statistical
chart): text, pdf
- Changes in the PBC Program Summary from 1/1/09 to 1/1/10 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/08 to 1/1/09 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/07 to 1/1/08 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/06 to 1/1/07 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/05 to 1/1/06 (1
page): pdf.
- Changes in the PBC Program Summary from 1/1/04 to 1/1/05 (1
page): pdf.
- Pine Barrens Credit Sales Summary Chart from 1996 through 2009: pdf.
- The Credit Program is not a land acquisition program!
- For land acquisition inquiries, see "Contacts for Potential
Sellers of
Core Preservation Area Property": text,
pdf
Letters of
Interpretation
(LOIs) and Appeals
- Application for an original Letter of Interpretation: pdf
- Application for renewal of a Letter of Interpretation: pdf
- Appeals summary statistics as of 6/18/08: pdf
(1 page; no individual appeal information)
- Appeals listing in detail as of 8/19/09: pdf
(3 page spreadsheet of all individual appeals; formatted for, and best
printed on, 11x17 paper!!)
- Appeals written decisions as of 8/19/09: text
(contains links to copies of individual decisions)
- A list of current LOI holders is contained in the current Pine
Barrens Credit Registry.
- There have been three litigation matters resolved regarding
Credit
allocations
and appeals:
- 1998 through 1999: Litigation over Credit allocation to parcels
in
Manorville
and Middle Island
- 2007 through 2009: Litigation over Credit allocation to parcel
in
Westhampton.
- 2008 through 2009: Litigation over Credit allocation to
parcels
in Manorville.
Credits,
Certificates
and Parcels with Conservation Easements
Pine Barrens Credits are issued for a parcel simultaneous with the
placement
of a conservation easement on the property.
- Applications for Certificates:
- Application for a Pine Barrens Credit Certificate: pdf
- Standard conservation easement used in the PBC Program (last
revised
5/21/08): pdf
(Sample only - DO NOT USE! Applicants will receive an actual easement
from
the Commission at the appropriate point in their Credit application.)
- Commission policy on property titles and title insurance (last
revised
9/19/07): pdf
- Standing Clearinghouse offer to purchase Credits: text, pdf
- Past Certificates (detailed reports):
- Certificates issued as of 1/1/10: pdf
- Certificates conveyed (including Credit sales and "per Credit"
values)
as of 1/1/109:
- Listed by Certificate Number: pdf
- Listed by Conveyance Date: pdf
- "What are the current or past sales of Pine Barrens Credits ?"
- The Clearinghouse tracks Credit "conveyances", which include
actual
sales,
conveyances or transfers with no dollar value, exchanges and
replacements
of Certificates, and all transactions where one Certificate is
"retired"
and a new numbered Certificate(s) is issued.
- The "Credit certificates conveyed" reports (immediately above)
show the
"per Credit price" for each conveyance.
- To see the change in Credit
sale prices through time, including all
recent sales, select the "Credit Certificates Conveyed
Listed by
Conveyance
Date" report and examine the changes in the "Per PBC" price column
for
each Town. The most recent sales prices are shown at the end of
each Town's portion of the report.
- For an overview, see Pine Barrens Credit Sales Summary Chart
from 1996
through 2009: pdf.
- Redemptions of Credits and their Certificates:
- Credit certificates redeemed as of 1/1/10: pdf
- Intermunicipal credit redemptions as of 1/1/10: pdf
(excerpted from the overall "Credit certificates redeemed" report for
ease
of reference)
- Clearinghouse Board's 4/20/05 resolution on Intermunicipal
Redemptions: pdf
- Parcels and easements:
- Parcels protected by Credit program easements as of
1/1/10: pdf
- Standard conservation easement used in the PBC Program (last
revised
5/21/08): pdf
(Sample only - DO NOT USE! Applicants will receive an actual easement
from
the Commission at the appropriate point in their Credit application.)
- Note that easements are sometimes customized to a specific
parcel. The
sample "standard" easement is provided here for illustration only.
- Commission interpretations of Credit Program easements as of
3/23/06: decisions
Clearinghouse Board
of
Advisors
- Pine Barrens Credit Clearinghouse Board of Advisors members: text
- Meeting
Schedule
- Meeting Minutes
- One of the Clearinghouse's responsibilities is the management and
utilization
of the funds for purchasing Credits.
- The initial source of these funds was an $5 million interest
free loan
from 1995 to 2005 from the NYS Dept. of Environmental Conservation's
Natural
Resource Damages Program (see link below under "Other Agencies").
The Clearinghouse now maintains a permanent standing fund for the
program.
- These funds are invested with the Suffolk County Treasurer's
Office.
- Commission 10/25/95 resolution on the investment of funds
with the Suffolk County Treasurer and adoption of investment
guidelines: minutes.
- Commission 11/21/95 resolution authorizing deposit of funds
with Suffolk County Treasurer: pdf
- These funds are used to purchase Credits from private owners,
and are
replenished
when purchased Credits are resold.
- See the latest report on the Clearinghouse funds: pdf.
Pine Barrens Credit
Registry
(monthly)
Credit Redemptions
- Redemptions of Credits and their Certificates:
- Credit certificates redeemed as of 1/1/10: pdf
- Intermunicipal credit redemptions as of 1/1/10: pdf
(excerpted from the overall "Credit certificates redeemed" report for
ease
of reference)
- Clearinghouse Board's 4/20/05 resolution on Intermunicipal
Redemptions: pdf
- Development projects which utilize Credits are still subject to
other
agencies'
reviews. See
this link for the Central Pine Barrens Development Projects Main Page,
which
has
a
set
of
links
to
some of these agencies' web sites.
- The Pine Barrens Credit Program is based partly upon the Suffolk
County
Department of Health Services (SCDHS) Sanitary Code, particularly
Article
6 and its implementing standards. See the links in the following
section for further
information
about the SCDHS.
Other Agencies and
the
Credit Program
- The
NYS
Dept.
of
Environmental
Conservation's
Natural Resource Damages Unit
provided initial funding for the Clearinghouse's work.
- Clearinghouse funds are managed by the Suffolk
County Treasurer's Office, with policy and instructions from the
Clearinghouse.
- Questions about the Suffolk County property tax system are
generally
referred
to the Suffolk County Treasurer's Office.
- The Pine Barrens Credit Program is based partly upon the Suffolk
County
Department of Health Services (SCDHS) Sanitary Code, particularly
Article
6 and its implementing standards. See these links for further
information
about the SCDHS and its work:
- The Town of Southampton Transfer of Development Rights (TDR)
Clearinghouse
& Bank is separate from the PBC Program!
Current
and
Prior
Initiatives
and
Events:
- 2008 through 2009: Litigation over Credit allocation to
parcels
in Manorville.
- 2008: Nassau County Boy Scouts' 403 acre Camp Wauwepex is
protected
through the Pine Barrens Credit Program
- 2007 through 2008: Litigation over Credit allocation to
parcel
in Westhampton.
- 2005: Protection of 300 acres in dwarf pine barrens includes
Pine Barrens
Credits as one component, and achievement of 1,000 acre mark overall.
- See Governor's
4/22/05
Earth
Day
Press
Release re the 309 acre WJF Realty parcel
acquisition
in the Southampton Town Westhampton core area, 100 acres of which have
a permanent PBC conservation easement on them held by the Commission.
- These 100 acres have since been selected to host the Dwarf Pine
Plains
Interpretive Trail through the Protected Lands Council, and the
Commission
has reviewed and approved the trail route to be in conformance with the
easement.
- See the 12/21/05
Commission minutes excerpt and resolution for that approval, which
includes an aerial view.
- See the Protected
Lands
Council
Field
Projects page for details on the trail project.
- 2003: Credit Purchase Offer by a private party for
Southampton
Town's
Westhampton Beach and Remsenburg School District Properties
- A mailing dated January 22, 2003 was made to private landowners
in
these
two school districts for the purchase of up to 40 Pine Barrens Credits
at $30,000 per Credit. The mailing consisted of a cover letter
and
a transmittal form for responding. Recipients had until February
28, 2003 to respond.
- Cover letter: text,
pdf
- Transmittal form: text,
pdf
- 2001: Offer by Clearinghouse to purchase Brookhaven Pine
Barrens
Credits. This
was a two phase initiative:
- Phase 1: Current holders of Credits (i.e., those with actual
Credit
Certificates)
and Letter of Interpretation (LOI) holders. Phase 1 ended on
7/30/01.
There were two forms involved in the Phase 1 offer:
- A July 13, 2001 cover letter detailing the new offer: text, pdf
- A Transmittal Form for responses to this offer: text, pdf.
- Phase 2: Other owners of Brookhaven Town core area properties.
Phase 2
ended on 9/6/01. There were two forms involved in the Phase 2
offer:
- An August 14, 2001 cover letter detailing the new
offer: text,
pdf
- A Letter of Interpretation application form for responding to
this: text, pdf.
- 2000: American Planning Association's (APA) National Audio
Conference
on "Transfers of Development Rights"
- This conference included the Pine Barrens Credit Program.
- 2000: The Commission and the Clearinghouse Honored
the
Public
Service of Mr. Jack Hanley (deceased) as a Clearinghouse Board
Member
- See the March 29, 2000 Press Release: pdf
- 1999: Credit Sale Auction by Clearinghouse:
- 1998 through 1999: Litigation over Credit allocation to
parcels
in Manorville
and Middle Island
- 1998: In May, the Regional Plan Association (New York, NY)
and
the Lincoln
Institute of Land Policy (Cambridge, MA) jointly sponsored a conference
entitled "Transfer of Development Rights for Balanced Development".
- 1997: First Purchase of Credits by Clearinghouse, first
parcels
protected
in Riverhead and Southampton, and achievement of 100 acres protected by
the program:
- See County
Executive's
1/13/97
Press
Release re the Olin Warner Credit Purchase for 47.9
Acres
in the Riverhead Core area.
- This was also the first Riverhead parcel to be protected, and
the
Certificate
was issued on 1/8/97.
- On 10/08/97, a ceremony commemorating the protection of the
100th acre
by the PBC Program was held. Presentations included a plaque to Jagel
Family
Associates. See Commission
minutes.
- The first Southampton parcel to be protected was owned by
Morris
Abramson,
and the Certificate was issued on 11/26/96.
- 1996: Completion of Econonmic Study of Development Rights
Values.
- Under contract with the Commission, Dr. James Nicholas
conducted an economic study of the value of development within the
three pine barrens towns: pdf.
- 1996: First parcel protected by the PBC Program.
- This first parcel was in Brookhaven Town, owned by Nicholas
Aliano, and
the Certificate was issued on 5/15/96.
- 1995: Clearinghouse receives Northville Industries
Restoration
and Replacement
Settlement funds from NYS DEC.
- See the Commission's 08/9/95 resolution authorizing the signing
of the
contract: pdf.
- 1995: The Suffolk County Health Department undertook changes
to
the
County Health Code relating to TDR in the Pine Barrens.
- 03/15/95, the Commission endorsed the proposed SC Health Code
Article 6
changes relating to development rights transfers within the Central
Pine
Barrens.
- See the Commission resolution here: pdf.
Questions or comments?