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IV
Policy Recommendations
In
the light of all these considerations, and building on the impressive body
of information assembled in previous documents, the Sustainable Development
Institute proposes a 57-point program for action on Long Island that incorporates
these elements. Each recommendation is numbered in bold-face type in the
following paragraphs.
Central
Pine Barrens
Long
Islanders must do everything possible, through legal action and at the
ballot box, to assure that the plan for
the pine barrens gets implemented in a manner consistent with the original
landmark legislation (1). Already, watering
down has occurred. Suffolk County is using, for budget-balancing general
purposes, funding that had been earmarked to safeguard the barrens and
the island's drinking water. The 1995 plan strengthens, far beyond the
intent of the 1993 law, the ability of towns to make decisions about land
use in the barrens without consulting the regional commission. Such deviations
must stop. The integrity of the island's drinking water must be preserved.
Here
Today, Gone Tomorrow: Commercial and residential developers alike should
be obligated to their properties and communities for the long haul, not
be allowed as they are to buy, build, sell, and vanish.
Residential
and Commercial Development
Individual
citizens and landowners should not have to subsidize sprawl-provoking developers.
Such people must be forced to become long-term stakeholders in the communities
they attack, and believers in a more orderly development process. Both
the carrot and the stick can be usefully employed to control the clutter
they create.
With
regard to fees, policymakers have ample opportunity. Developers,
not the general taxpayer, should have to pay not only for infrastructure
within the development, but the full cost of all roads, power lines, and
waste disposal facilities their projects require (2).
What they pay up-front should reflect how far the development is from the
previously existing community center: the further away, the higher the
levy.Developers should also have to pay
some share of the ongoing extra cost of services
-- fire protection, public transportation--that they impose on nearby municipalities
(3).
Developers
already gladly pay such charges, known as "impact fees," since they occur
just once and represent but a fraction of total development cost. At the
very least, these levies should rise to the point where they begin to make
the developer question the economics of the scheme. But this is not all.
They should have to pay not just to build
the school or the fire station, but commit to a fair share of maintaining
the facilities and their staffs over the longer term (4)
. Such payments should come as a result of agreements with the original
developers that make them responsible even after they have sold off the
developed properties and withdrawn from the scene. Developers should be
obligated for the long haul.
Incentives
can play a big part in the game, and with more than one thousand taxing
authorities in place on the island, there are plenty of instruments to
choose from. Since developers install their own carefully-structured environments
anyway, they should be rewarded for concentrating
on already degraded areas or those with low aesthetic or scenic value (5).
There should also be strong policies favoring the recycling
of abandoned shopping centers, already
commonplace along the Jericho Turnpike and already in parts of in Suffolk
County, and imposing tax penalties, as well as stiff fees, for breaking
new ground (6).
By
means of a strengthened statewide real property tax law, developers (and
individual homeowners as well) should be rewarded with tax
abatements for including environmental amenities in new construction, or
adding them to existing units (7). Tax
breaks should be offered to projects that
do not invade pine barrens or disfigure other biologically important areas
such as saltmarshes, that do not require extensive construction of new
roads or bridges, and that have relatively easy access to public transportation
(8). Leaving public open space in subdivisions
should carry tax benefits, and so should developments requiring land and
store owners to leave high percentages of their properties in natural vegetation.
In
the current climate on the island, new taxes are hardly popular. Yet the
idea of a real estate transfer tax on all
major transactions (9), which had been
tried before, should be resurrected. If the proceeds are allocated to acquiring
open space, funds become available to do so just at the time when it is
most threatened.
Clusterization:
Zoning should favor low densities, clustering, downtown revitalization
and preservation of open space.
Zoning
lies at the heart of the matter. It is far beyond the limits of this project
to recommend specific zoning guidelines for each of Long Island's towns.
Hempstead's needs are far different from those of Brookhaven or Riverhead.
Each zoning dispute anywhere commands the detailed attention of many lawyers,
aspirants, and public officials. But some general guidelines apply everywhere
on the island. Among them are these:
Thought
about zoning should begin with consideration of the land, its contours
and its resources. Since population growth on the island has slowed to
almost nil, zoning should favor low rather
than high densities (10). Towns should
provide fast-track permitting for developers
who lower densities below the allowed limits (11).
Most
applications
for commercial or industrial zoning should be denied
since there is already plenty of commercially zoned property in degraded
downtowns and new but already abandoned or disintegrating shopping centers
(12). Twenty-four percent of the commercial space in the town of Brookhaven
is vacant. In Suffolk County alone, far more land is already zoned for
industry than the region is ever likely to need.
Mandatory
clustering within subdivisions will both preserve open space and increase
property values (13). Towns should especially
find ways to encourage developers to site affordable housing subdivisions
in village-center "infills" and other downtown locations that are convenient
to public transit. Allowing higher than
normal zoning densities (14) is one available
technique.
Another
Farm Land Sale: Many techniques need to be used to preserve the island's
lucrative farming traditions, not compel farmers through punitive taxation
to sell to developers and move to Florida.
Agriculture
Preserving
open space has long been accomplished by acquiring farmland outright for
parks or nature reserves. As land prices continue upward, however, more
and more dollars used this way will buy less and less. An equally important
and less expensive method is to enable farmers to carry on through purchases
of farmland development rights. In this manner several East End towns,
as well as Suffolk County, have preserved some 7,000 acres as open space.
These admirable local efforts should be reinforced through state
action to purchase development rights to an additional 10,000 farm acres
in Suffolk County, or initiate a new development-rights transfer mechanism
for productive farmland (15).
There
should also be a mechanism to make it easier
for banks to make annual cash-flow loans to working farmers (16).
A public revolving fund could provide banks with loan guarantees. Development
rights could support the guarantees. As land values continue to rise, however,
development-rights purchase or transfer programs will become ever more
expensive and ever less effective. Modifications in state and local tax
policy on farmland are also required: though abatement programs are in
effect, they need to be extended to small and low-income farmers who do
not now qualify.
Most
urgent is the need to change federal inheritance tax policy on farmland
(17) which is the single biggest reason
why Long Island's farm heirs sell to developers and move to Florida. Currently
the Internal Revenue Service penalizes heirs to farm properties by assessing
them for their "highest and best use," and demanding that the tax of 50
percent or more be fully paid during the first year it is due. Ideally,
there should be a special, lower inheritance tax rate for working farms
based on the land's current use. At the very least, heirs should be allowed
to spread their payments over five or more years in order to lessen the
likelihood of their having to bail out.
Long
Island needs not just farms; it needs clean farms that do not send polluted
runoff into the Sound, the bays of the South Shore or, worse yet, into
the aquifers. Long Island's farmers have greatly reduced their use of toxic
chemicals over the past two decades. They are currently relying on biological
controls and the techniques of integrated pest management to a far greater
extent than before. To encourage this trend, publicly-supported
research and communications efforts should be expanded (18).
Attracting
New Industry
Planning's
objective should not be to try willy-nilly to lure industries to the region
by figuring out a way around the Central Pine Barrens legislation, developing
the Calverton airstrip for civilian passenger and freight traffic, or by
expanding MacArthur Airport in Islip. Instead, the island should continue
to deny incentives for any business activity
that generates a significant amount of pollution,
and in fact make it so expensive for industrial polluters to operate (19)
on Long Island that they will refrain from even trying.
This
is not to say, however, that the effort to attract industry should be abandoned
altogether. The island as well as New York
State should intensify efforts to bring in high-tech, high-quality industries
that do not pollute--and work hard to keep in place the qualities that
attract them. Calverton should become
an Environmental Enterprise Zone with tax benefits for appropriate investors
(20).
Maintaining
and increasing the levels of public and private support for the island's
best scientific research facilities is an important priority for business
development (21).
Long
Island should also take steps to make it easier
for industrial and commercial developers to recycle previously-developed
"brownfields" sites--dumps or abandoned industrial areas -- without forever
inheriting pollution burdens from previous users (22).
Release from further liability, after an initial cleanup, should be the
rule. Programs of this sort have worked in many large metropolitan areas,
with no adverse consequences for citizen health and safety, and Long Island
should be no exception. The now largely vacant Grumman site at Bethpage,
in the center of the island, is a prime candidate for this form of redevelopment.
The
Most for Boats?: Everything possible should be done to enhance recreation
on the island. It is already a $5 billion industry and has major potential
for growth. But valuable waterfront property should not become very part-time
parking lots for boat trailers like this one.
Tourism
Long
Islanders need to find ways not to keep tourists out, but to draw them
in. Boaters, fisher, hikers, bikers, and beachgoers already spend $5 billion
a year to enjoy just the Sound, let alone the South Shore's barrier beaches,
and will gladly add to this tab if given the proper incentives. Public
money should help the development of this sector through policies that
maintain a healthy balance between tourism and other interests.
To
replace the bedraggled old Long Island Railroad car that lies unvisited
beside the Long Island Expressway, Suffolk County should build
a network of visitor centers and other tourist amenities (23).
One
such center should introduce tourists to the Central Pine Barrens, another
at Riverhead should preview the East End. Special signs, color-coded like
those of the National Park Service, should be highly visible (24). Towns
should support farmers' market programs (25)
such as those that have successfully been installed in Port Jefferson and
in Islip. Albany can help through promotional efforts and by attaching
dollars to its "historic maritime community"
designations (26).
Regional
planning authorities should also establish rewards for those tourism entrepreneurs
seeking to reinforce existing recreational
downtowns rather than add sprawl or clutter (27).
A prime example is deepwater Port Jefferson, which merits a future as Long
Island's Annapolis, a place where boaters, ferry passengers arriving from
Connecticut, and road or rail travellers can all converge and find vibrant
waterfront life awaiting them. The village
should make every effort to back the development of tourist facilities,
providing tax breaks as required and moving inland other land uses such
as waterfront parking for boat-ramp customers (28).
A
marine
museum would be a logical new magnet (29),
as part of the maritime cultural center that a local group is currently
trying to develop on a stretch of the shorefront now owned by Mobil.
Another
anchor for tourism should be established at Riverhead, gateway to the island's
east end. Excursion boats already depart from there on cruises out into
Peconic Bay. They could extend their range to pause along the North Fork
for visits to the region's cluster of wineries. Riverhead's
current effort to revitalize a decaying downtown with an aquarium, which
even in embryonic form was attracting twice the nummer of visitors anticipated,
deserves political and financial support (30).
This would be a wonderful place for a shopping
and eating complex with produce from local farms and fresh seafood (31)
from surrounding waters to offer both tourists and weekenders traveling
to or from their second homes on the East End.
There
is still open space at many of the lesser-known beaches in the region.
The tendency of towns has been to pave over much of this, in order to provide
sticker parking for local folk, and make everyone else feel unwelcome.
In some instances, a more rewarding approach would be to open
underutilized beaches for non-resident use (32).
Shuttle service or valet parking to inland parking lots is better than
asphalting the shoreline.
Bumper
Car Alley: Building more roads and lanes will never improve the island's
traffic. We simply must look to alternative forms of transportation.
Transportation
In
a Citizen Action Plan issued in 1995, the non-governmental Tri-State Transportation
Campaign called for a number of steps to reduce Long Island's highway congestion.
Use of "smart cards" at toll booths, premium pricing for peak-hour travel
and benefits for non-peak road use, and "smog fees" are among the sensible
remedies proposed. Above all, if Long Island has learned anything over
the past four decades, it is that widening its main highways simply does
not work. "We should not be building more wholesale road capacity," states
the Regional Plan Association's Third Regional Plan. "That era is over."
Construction
of HOV lanes on the Long Island Expressway, which do not work, should stop
(33). Plans
to widen Route 25A, the Southern State and Northern State Parkways should
be scrubbed (34). There should be an island-wide
moratorium on this kind of road construction
except in instances where public safety is in jeopardy (35) without such
construction or where there are obvious bottlenecks of long standing.
Direct
subsidies to motorists--paying to build or fix roads out of general tax
revenues--should end. Politically difficult as it is, it
is high time for New York State to press for dedicated gasoline taxes and
other user fees to cover the cost of road improvements (36).
Within subdivisions or shopping centers, developers
should have to maintain the roads they build (37).
All
Long Islanders would benefit from implementation of the Third Regional
Plan's many recommendations for improvements in rail service. Suggestions
include the desperately needed rail links from Manhattan to Kennedy and
La Guardia Airports, access to Grand Central as well as Penn Station for
Manhattan-bound Long Island Railroad passengers, and new north-south light-rail
lines in Nassau County. Just opening up train service to Manhattan's East
Side, the Regional Plan states, would take 6,000 cars a day off of Long
Island's highways--and save commuters half an hour a day in travel time.
The
idea of summer shuttle-trolley service along the South Shore, from Hampton
Bays to Amagansett, is an excellent one that should be implemented (38).
Long
Island needs better facilities for the bicycle, a staple for vacationers
even along the narrow and dangerous roads of Nantucket or Bermuda and a
means of recreation for growing numbers or urban or suburban folk in many
places. The Rails-to-Trails Conservancy and other groups are busily creating
bikeways in areas far more densely populated than eastern Long Island.
Along both forks of the island and within the Central Pine Barrens, for
example, there remain splendid opportunities
to fashion bike trails (39), whose presence would spawn an entire new cottage
industry in the region.
Long
Island, where driving distances tend to be short, is an excellent venue
for the electric car, much maligned by Detroit executives but still a beacon
for clean-air activists. If the initial price can be made competitive,
surely there are subsidies to be made to the Long Island Lighting Company
(LILCO), and to drivers, that would increase popularity and usage (40).
In return for a tax break, LILCO could provide free charge-up stations
at key downtown and shopping center locations. Residents could receive
a property-tax deduction, or the equivalent, in return for joining LILCO
in helping enable the jurisdictions avoid expensive compliance with provisions
of the federal Clean Air Act.
There
are too many full-sized public buses wheezing half-empty along Long Island's
suburban and even country roads. Such services should be reduced
in favor of a more flexible and sprightlier system of licensing private
mini-van drivers to cover lightly-used routes (41).
Paved
Over Paradise: Too much of the island is paved over to make parking spaces
in malls that are rarely occupied. Developers should have to pay penalties
to build places that look like this.
Parking
Employers
must stop subsidizing parking for their employees,
and provide an even break for those using public transportation (42). Transportation
vouchers and paybacks to workers not using free parking are among the ways
that employers have used to decrease single-occupancy driving to and from
work, and comply with provisions in the Clean Air Act Amendments of 1990.
But this is not all there is to be done. To level the playing field between
downtown and mall shopping, residents of
towns could also be obliged to buy parking stickers entitling them to park
in any legal space. Those not possessing
these would need to use meters or paid parking lots, or get tickets (43).
Revenues from the program would go for downtown revitalization projects.
Towns unwilling to go this route should level the playing field another
way: by removing downtown parking meters. Shopping-mall
developers should have to pay stiff penalties for not providing multi-level
enclosed parking, and given strong incentives to do so (44).
Wasting
Waste: This island simply must stop ranking among the nation's highest
per capita producers of municipal waste, and get far more creative about
using less and disposing of it better.
Garbage
There
should be an island-wide "don't bag it"
ban on residential lawn clipping pickups by public garbage carters (45).
"Don't bag it" programs for retail stores should also be launched. Already
catching on fast with regard to recyclying, Long Islanders should try hard
to reach the state-mandated goal of recycling 50 percent of all municipal
waste by 1997. Householders should pay
not a flat rate for trash collection, but a fee per bag collected (46).
Towns should follow the successful example of Bellport and start
home composting programs (47). By means
of such measures, and tolerance for curtailed use of high-tech incineration
technologies, the island would be able to phase out most congestion-causing
usage of trucks to haul solid wastes off-island.
Coastal
Waters and Adjacent Lands
Nothing
could improve the East End's economy more dramatically than to end the
recurring brown tide plague, whose precise cause remains unknown. The
research effort to track down the causes of this highly destructive phenomenon
needs to become less traditional, more creative, and more aggressive.
This probably means an influx of federal dollars, for which the East End
should press (48).
On
their own, the towns of the East End should emulate
Southampton's successful $2 million coastal water quality program,
which has resulted in the construction of several dozen stormwater recharge
basins, and adopt similar preventive measures to reduce flows of nutrients
and toxics into waters under threat of brown tide (49). These should be
presented as part of an economic development program rather than as steps
to provide environmental protection. Riverhead's
application to increase nutrient discharges in wastewater should be denied
on economic grounds (50).
The
"no net loss" principle to conserve wetlands should apply island-wide (51).
Very low densities, such as those of Maryland's "Critical Area" law
forbidding more than one building per twenty acres, should be set for coastal
areas of special environmental importance (52).
Though tight standards should be maintained to prevent excess bulkheading
and riprap construction, rules should be
streamlined and single-stop permitting procedures established (53).
It
would be foolhardy to propose an outright ban on beach replenishment programs
for privately-held areas such as Westhampton's infamous Dune Road. But
landowners
(or their insurance companies) should carry the cost of this work, not
their fellow taxpayers living inland or the federal flood insurance program
(54). As to publicly-owned portions of
the barrier islands, no effort should be made to counter their natural
tendency to "migrate" northward.
Protection
for Town Boards
A
way to offset the threat of litigation would be to press
for legislation to insulate town boards (as well as individual members,
who already have legal immunity) from "slap suits," as they are called
(55). While such relief would not dispose
of wrong-headedness or corruption, it might encourage some boards to stand
up more resolutely to insensitive developer proposals.
Environmental
Education
As
recommended in the Long Island Association's 1994 Action Plan, there is
a need for a comprehensive environmental education program for children
of all ages and for adults. A central component of this should be a regularly
scheduled public television program highlighting the island's environmental
values and the various threats to them (56).
Public radio and the World Wide Web should also carry a steady
flow of well-documented information about local environmental issues (57).
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