[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.]
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.
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.
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.
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.
The WHDRs shall only be used for affordable ownership or rental
workforce housing as required by Resolution No. 840-2004.
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
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.
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.
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.
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.
The transfer of workforce housing development rights generated from
this program shall be transferred only to parcels for the construction
of homes with purchase price limits, resale price limits, and rent
limits as set forth in Article XXXVI of the Suffolk County Administrative
Code in connection to the New York State General Municipal Law § 72-h
transfer program;
[Amended 4-18-2020 by Res. No. 295-2020]
C.
Where a for-profit developer is to be used, any profit realized should
be in accordance with Article XXXVI of the Suffolk County Administrative
Code;
[Amended 4-18-2020 by Res. No. 295-2020]
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.
[1]The use of WHDRs will continue and/or expand groundwater
preservation initiatives.
[1]
Editor's Note: Former Subsection E, which prohibited the use
of development rights on certain properties, was repealed 4-18-2020
by Res. No. 295-2020. Said resolution also redesignated former Subsection
F as Subsection E.
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.
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.
