Red Hook Land use, Conservation
and Development Working Group Recommendations

C. ENSURE EFFECTIVE PLANNING

Recommendation #2

Enhance rural character and the tax base through regional planning

Suggested Actions:

1. Adopt an intermunicipal agreement with the Villages of Red Hook and Tivoli to permit a consolidated Planning Board to review projects with significant potential intermunicipal benefits and impacts

a Create a task force advised by a professional planner to develop a detailed plan for the structure and function of the consolidated Planning Board, subject to input and approval by the public and officials from the three affected municpalities. The task force would address the comments raised by the municipal officials at the June 25, 2004 meeting hosted by the Working Group. (See Appendix / not provided in this document)


2. Actively participate in Northern Dutchess Alliance to facilitate regional planning.

Recommendation #3

Address potential impacts of all types of development on school capacity and taxes

Suggested Actions

1. Create a "School and Land Use Comittee" to find ways for the Town, Villages and School District to coordinate their policies and deceisions

2. Encourage the schools to incorporate cirriculum on the importance of planning, conservation, and development, including fiscal impacts of choices and transportation cohesion.

3. Designate the School District as an Interested Agency in all applications for development that would generate school children so the Planning Board and the School District can address potential impacts on the school. NOTE 10

4. Use SEQR to identify and address school capacity issues, and require that new development proposals be subject to fiscal impact analysis.

5. Explore contributions (e.g. Payments in Lieu of Taxes (PILOT) from tax exempt entities

6. Encourage a diversity of housing types for people in all stages of life

7. Consider constructing small elementary schools within walking distance of new traditional neighborhood developments.

8. Through the Northern Dutchess Alliance and other associations, lobby Albany for school funding reform.

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NOTE 10. Two members of the Working Group were concerned that this might grant the School District veto power on development proposals. However, an "Interested Agency" does not have the approval authority of the "Involved Agency." As defined by SEQR, an Interested Agency is " an agency that lacks the jurisdiction to fund, approve or directly undertake an action but wishes to participate in the review process because of it's specific expertise or concern about the proposed action. An interested agency has the same ability to participate in the review process as a member of the public." {6 NYCRR 617.2 (t)}

NOTE 11. The majority of the Working Group supports this recommendation in lieu of adopting an Adequate Public Facilities Ordinance (AFPO). Adoption of an AFPO was recommended by the School District, and the Working Group researched this recommendation. However, it was felt that the APFO would not address school capacity issues because such an ordinance relies on assessing an impact fee, which is generally not permitted in New York State. While APFO's are used in other states, such as Maryland, no examples could be found in New York. This is likely because New York does not permit impact fees for education, and because SEQR can already be used to address school capacity impacts and mitigation. Thus, it seemed more efficient to use a tool that is already available.