What is the difference between a nondiscretionary private party transfer and a discretionary private party transfer?
Nondiscretionary transfers are reviewed and approved by the Planning Department. Private party transfers are considered nondiscretionary if the sending parcel:

(1) Appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, and
(2) Meets at least one of the following criteria:
(a) The parcel is lawfully developed for a commercial or institutional use, or for more than one dwelling unit;
(b) A vacant parcel that meets the minimum lot area and frontage required by the zoning ordinance;
(c) A sufficient area variance has been granted by the Board of Zoning Appeals for the parcel and/or, if necessary, the adjoining lot; or,
(d) The application includes a yield plan that complies with §323-7B and does not require the discretionary modification by the Town Board of any of those standards identified in §323-7C(3)

All other private party transfers are considered discretionary, in that they require a modification of at least one standard, and must be approved by the Town Board.

Show All Answers

1. What is a density flow right?
2. Does my property have to be in a designated sending district for me to sell density flow rights?
3. Does my property have to be in a designated receiving district to receive density flow rights?
4. Does my property have to be vacant for me to sell density flow rights?
5. How do I know if my property is in a sending district?
6. How do I know if my property is in a receiving district?
7. How do I know how many rights I have?
8. Can I sell density flow rights from property that has an easement on it?
9. What is the difference between a nondiscretionary private party transfer and a discretionary private party transfer?