Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 5-17-2005 by Res. No. 412-2005 (Ch. 833 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Affordable housing — See Admin. Code, Art. XXXVI.
Development of agricultural land — See Ch. 8.
Open space preservation — See Ch. 633.
Land development — See Ch. 1001.

§ 1151-1 Determination of number of workforce housing development rights.

The Suffolk County Department of Planning is hereby authorized, empowered, and directed, pursuant to § C14-8 of the Suffolk County Charter, to work in consultation with the Suffolk County Department of Health Services to determine the number of workforce housing development rights (WHDR) that may be acquired from a proposed acquisition under the SOS Bond Act.

§ 1151-2 Effect on density of housing.

The use of development rights generated from the purchase of land under the SOS Bond Act shall result in a "no net increase" in or a reduction of the overall density of housing as compared to that which would occur if the acquired protected property were to be built as of right.

§ 1151-3 Preparation of yield sketch.

The Department of Planning, working in consultation with the County Department of Health Services and other relevant County departments, shall prepare or cause to be prepared a yield sketch pursuant to local zoning to demonstrate the potential actual yield of WHDRs on a case-by-case basis in connection with each proposed acquisition, pursuant to the SOS Bond Act.

§ 1151-4 Acquired parcels to remain as open space.

Any parcel acquired pursuant to the SOS Bond Act in accordance with this Transfer of Development Rights Program shall be permanently sterilized by a legal covenant and must remain as open space in the County inventory, and appropriate language shall be added to the deed indicating that the property was purchased using SOS Bond Act funds in accordance with Suffolk County Resolution No. 840-2004, and that the development rights were severed for workforce housing purposes and the number of such rights shall be stated.

§ 1151-5 Use of workforce housing development rights for affordable ownership or rental housing.

The WHDRs shall only be used for affordable ownership or rental workforce housing as required by Resolution No. 840-2004.

§ 1151-6 WHDR program registry.

A. 
The Department of Planning is hereby authorized, empowered, and directed to create a Suffolk County Save Open Space Bond Act Workforce Housing Transfer of Development Rights Program Registry (WHDR Registry) for the purpose of accounting and tracking WHDRs.
B. 
The WHDR Registry shall include a computerized database, which will be available for viewing by the Suffolk County Executive, Suffolk County Legislature, and various other County departments, and which registry shall be established to track WHDRs from creation of the credits to utilization of the credits for an affordable workforce housing project.
C. 
Such registry shall include the following information:
(1) 
For the acquisition (sending) parcel:
(a) 
Name of property owner prior to County purchase;
(b) 
Parcel common name, if any;
(c) 
Suffolk County Tax Map number;
(d) 
Town and hamlet or village where the parcel is located;
(e) 
Name of street, road, avenue, etc., fronting the parcel;
(f) 
School district;
(g) 
Area of the parcel, in square feet or acres;
(h) 
Town zoning category for the parcel at the time of acquisition;
(i) 
Groundwater management zone;
(j) 
Special groundwater protection area (if applicable);
(k) 
Soil type/characteristics;
(l) 
Wetlands, surface waters, or other environmental constraints on site;
(m) 
Lot yield pursuant to yield sketch;
(n) 
Number of workforce housing development rights generated by acquisition;
(o) 
Authorizing resolution number;
(p) 
Department file number; and
(q) 
Conservation easement.
(2) 
For the use (receiving) parcel:
(a) 
Name of property owner;
(b) 
Parcel common name or project name, if any;
(c) 
Suffolk County Tax Map number;
(d) 
Town and hamlet or village where the parcel is located;
(e) 
Name of street, road, avenue, etc., fronting the parcel;
(f) 
School district;
(g) 
Area of the parcel, in square feet or acres;
(h) 
Town zoning category for parcel at the time of the authorizing legislative resolution;
(i) 
Groundwater management zone;
(j) 
Special groundwater management zone (if applicable);
(k) 
Soil type/characteristics;
(l) 
Wetlands, surface waters, or other environmental constraints on site;
(m) 
Lot yield pursuant to yield map;
(n) 
Project type (single-family, multiple-family, planned unit development, etc.);
(o) 
Number of affordable units out of the total number of units (number and percent affordable);
(p) 
Number of workforce housing development rights to be retired in project;
(q) 
Authorizing resolution number;
(r) 
Department file number; and
(s) 
Deed of transfer of development rights:
[1] 
Reverter clause.
[2] 
Affordable housing use restriction.

§ 1151-7 Annual report.

The Department of Planning is further authorized, empowered, and directed to produce an annual report describing the activities of the WHDRs that are banked, which report shall account for all of the development rights produced and/or utilized on both an annual and a cumulative basis and shall include all pertinent information with respect to the creation or use of the WHDRs, and which report will be provided to the Suffolk County Executive and filed with the office of the Clerk of the Legislature.

§ 1151-8 Applications.

Applications for the use of a WHDR shall be made to the Affordable Housing Director in the Department of Economic Development and Workforce Housing, who shall, after consultation with the Department of Planning and the Department of Health Services, make an evaluation and recommendation on each such application, taking into account the policies and procedures contained in this chapter.

§ 1151-9 Utilization analysis report; rating system.

The Suffolk County Department of Planning shall provide to the Affordable Housing Director a WHDR utilization analysis report, which shall rank applications using the principles of good planning, and which report shall be considered in the analysis and recommendation required hereinabove, and which report shall utilize a rating system in the form annexed hereto as Exhibit A.[1]
[1]
Editor's Note: Said Exhibit A is on file in the County offices.

§ 1151-10 Criteria for evaluations and recommendations.

The criteria to be utilized by County departments in making evaluations and recommendations pursuant to the Workforce Housing Transfer of Development Rights Implementation Plan shall include the following:
A. 
The use of development rights generated from this program is for the sole purpose of permitting the development of affordable rental and ownership workforce housing to individuals;
B. 
Only the construction of homes with a maximum purchase price of $250,000 and affordable rental units will be eligible for the transfer of workforce housing development rights generated from this program;
C. 
Where a for-profit developer is to be used, any profit realized shall be in accordance with New York State Affordable Housing Corporation guidelines;
D. 
The workforce homes created through the use of development rights generated from this program shall remain as workforce homes in perpetuity within the requirements of Article XXXVI of the Suffolk County Administrative Code;
E. 
The development rights generated from this program shall not be used on properties:
(1) 
Contained in the Master List of Proposed County Open Space Acquisitions;
(2) 
That have received an authorized planning steps resolution; or
(3) 
That have been identified for acquisition, protection, or preservation on another state or local government approved and adopted plan or list.
F. 
The use of WHDRs will continue and/or expand groundwater preservation initiatives.

§ 1151-11 Covenant to restrict property use.

Upon approval of an authorizing resolution to use WHDRs, a covenant shall be filed on the deed for the receiving parcel, which covenant shall contain a use restriction which restricts the property for use as affordable housing and which covenant shall be in the form approved by the Suffolk County Attorney.

§ 1151-12 Adoption of plan by reference.

Pages 5 through 17 of Suffolk County Save Open Space Bond Act Workforce Housing Transfer of Development Rights Implementation Plan, dated February 2005, which was presented to the Suffolk County Legislative Committee on Environment, Planning, and Agriculture on Monday, March 21, 2005, is hereby ratified, adopted and incorporated by reference as the policies and procedures to be utilized in the Transfer of Development Rights Program.