[Added 8-2-2022 by L.L. No. 12-2022]
Town of Riverhead has long been proactive in providing affordable
housing opportunities of every type within the Town to address the
needs of its residents. The Town has not only created new affordable
housing and acquired land for that purpose, it also maintains a robust
residential repair program which serves its most vulnerable residents
by providing free repairs to income eligible who are elderly, veterans
or otherwise qualified individuals and families. These programs require
consistent and significant funding which is not always available.
Accordingly, the Town Board has determined that the best means of
continuing to provide safe and affordable housing is to utilize the
provisions of the Long Island Workforce Housing Act[1] to provide affordable housing and create a fund that will
allow the Town to continue and improve the affordable housing opportunities
for Town residents.
[1]
Editor's Note: See General Municipal Law § 699 et
seq.
As used in this section, the following terms shall have the
meanings indicated:
Housing for individuals and families at or below 130% of
the median income for the Nassau-Suffolk primary metropolitan statistical
area as defined by the Federal Department of Housing and Urban Development.
For the purposes of this article, the affordable workforce housing
units shall be of consistent design with those of the rest of the
development.
A map submitted in furtherance of a realty subdivision application,
approved by the Riverhead Planning Board, which identifies the development
density of a parcel of land. Any density bonus afforded by the Long
Island Workforce Housing Act shall be predicated upon and calculated
using this map.
A density increase of 10% over the otherwise maximum allowable
residential density pursuant to a yield map approved by the Riverhead
Planning Board in connection with a major residential subdivision
proposing five or more residential lots, or 10% over the allowable
floor area ratio if part of a mixed-use development site plan application
under the applicable zoning ordinance and comprehensive plan as of
the date of the application, excluding the Residence A-40 (RA40) Zoning
Use District. All density calculations resulting in fractional units
shall be rounded up to the nearest whole number. All units resulting
from the density bonus afforded by this article shall be affordable
workforce housing units. The granting of a density bonus shall not
require, in and of itself, a comprehensive plan amendment, zoning
change, or other discretionary local approval provided same is consistent
with the applicable zoning ordinance and comprehensive plan for the
Town of Riverhead. The density bonus shall not be included as part
of the calculation which determines the number of affordable units
that constitute 10% of the total.
The Director of the Town of Riverhead Community Development
Agency.
A fee, equal to two times the median income for a family
of four for the Nassau-Suffolk Primary Metropolitan Statistical Area,
as defined by the Federal Department of Housing and Urban Development,
for each additional unit which results, or would have resulted, from
the density bonus, except that when such fee exceeds the appraised
value of each lot resulting from such density bonus, then such fee
shall be equal to the appraised value of the lot or lots, or the equivalent
thereof, for each additional unit created by the density bonus.
[Amended 12-19-2023 by L.L. No. 26-2023]
A.
When a subdivision plan of five or more residential units proposing
the maximum allowable residential density pursuant to an approved
yield map in any zoning use district other than and excluding the
RA40 Zoning Use District is being considered by the Planning Board,
the Planning Board shall make a determination whether to allow a development
density bonus as afforded by the Long Island Workforce Housing Act,[1] require the developer to provide other land and construct
the required affordable workforce housing units that are not part
of the applicant's current subdivision plat, but which must be provided
on another site within the Town, within the same hamlet and school
district, or in the alternative, to require the developer to deposit,
pursuant to General Municipal Law § 699-b, Subdivision 1(c)(i),
the required fee in lieu of density bonus to a workforce housing fund
to be administered by the Community Development Agency, as set forth
in § 699-b, Subdivision 1(c)(i) of the General Municipal
Law. In the case of a realty subdivision, such fee shall be paid prior
to the Planning Board Chairman signing the Subdivision Map.
(1)
In determining whether to utilize the density bonus, require
the applicant to construct affordable units off-site, or require the
fee in lieu of density bonus, the Planning Board shall first consider
the recommendation of the Administrator of the Department of Land
Management. When making said recommendation, the Department of Land
Management Administrator, in consultation with the Town Attorney and
the Community Development Agency Director, shall ensure compliance
with the purpose and intent of the Zoning Use District and the Town's
Comprehensive Plan.
[1]
Editor's Note: See General Municipal Law § 699 et
seq.
B.
When a site plan proposing five or more residential units and the
maximum allowable floor area ratio pursuant to that zoning district
in which it is located is being considered by the either the Planning
Board or the Town Board in any zoning use district other than and
excluding the RA40 Zoning Use District, the applicable Town agency,
to wit, shall make a determination whether to allow a development
density bonus as afforded by the Long Island Workforce Housing Act,
require the developer to provide other land and construct the required
affordable workforce housing units that are not part of the applicant's
current site plan, but which must be provided on another site within
the Town, within the same hamlet and school district, or in the alternative,
to require the developer to deposit, pursuant General Municipal Law
§ 699-b, Subdivision 1(c)(i), the required fee in lieu of
density bonus to a workforce housing fund to be administered by the
Community Development Agency, as set forth in § 699-b, Subdivision
1(c)(i) of the General Municipal Law. In the case of a site plan application,
such fee shall be paid prior to the signature of the Planning Board
Chairman or the Town Supervisor on the Mylar.
(1)
In determining whether to utilize the density bonus, require
the applicant to construct affordable units off-site, or require the
fee in lieu of density bonus fee, the applicant Town agency, to wit,
shall first consider the recommendation of the Administrator of the
Department of Land Management. When making said recommendation, the
Department of Land Management Administrator, in consultation with
the Town Attorney and the Community Development Agency Director, shall
ensure compliance with the Town's Comprehensive Plan.
C.
The Residence A-40 Zoning Use District, which is excluded from Subsections A and B of this article, currently has a workforce housing option applicable to the RA40 Zoning Use District which allows an increased development yield of 100%, provided that 100% of the increased development yield within the subdivision is reserved exclusively for affordable workforce housing, pursuant to Town Code, Chapter 301, Attachment 2. In order to comply with the Long Island Workforce Housing Act, a developer must provide a minimum increased development density of 10% above that which is shown on an approved yield map. Any residential units above what is shown on an approved residential yield map shall be reserved for affordable workforce housing.
D.
The provisions of this article shall not apply when an applicant
elects a lesser percentage than the maximum allowable residential
density, as established by an approved yield map a for subdivision
plans, or per the maximum allowable floor area if part of a site plan
application proposing five or more residential units.
E.
All workforce housing created pursuant to the General Municipal Law shall remain affordable in perpetuity, and shall comply with the provisions of § 301-359F of this article. The Town shall ensure that all affordable workforce housing units created pursuant to this article remain affordable. Thus, subsequent purchasers of such units shall have at the time of purchase, pursuant to the definition of "affordable workforce housing" herein, an income at or below 130% of the median income for the Nassau-Suffolk Primary Statistical Area, as defined by the Federal Department of Housing and Urban Development.
F.
Covenants and restrictions.
(1)
To ensure continued compliance with § 699-b, Subdivision 3, of the General Municipal Law requiring workforce housing to remain affordable in perpetuity, as a condition of approval, all workforce housing shall be subject to covenants and restrictions that run with the land, and restrict the sale and resale of such units in accordance with the requirements of § 301-361 of this article. In addition, the restrictions set forth in this article shall be equally applicable to affordable workforce housing.
(2)
The responsible agency, to wit, may establish such other restrictions
as it deems necessary during the review process.
(3)
Said covenants and restrictions shall be prepared by the applicant
and submitted to the Town Attorney for approval as to form and content.
Upon approval by the Town Attorney, the applicant shall record the
covenants and restrictions in the office of the Suffolk County Clerk,
at his or her own expense, and provide the Town Attorney and the Department
of Land Management with a copy of the recorded instrument before an
application for a building permit will be accepted for filing.
A.
Any funds that are deposited and held under the control of the Town
of Riverhead pursuant to the General Municipal Law as set forth above
shall be deposited in the Affordable Housing Trust and Agency Fund
for the purposes set forth in § 699-b(1)(c)(1) of the General
Municipal Law and administered by the Community Development Department
for the purposes of advancing the construction of, acquisition of
land or the rehabilitation of affordable housing within the Town of
Riverhead.
A.
The Town of Riverhead Community Development Agency shall monitor
the sale and resale of all affordable units for compliance with this
article. All contracts of sale shall be provided by the Agency, and
shall not be amended except as authorized by the Community Development
Agency director. The Director may preapprove the Developer's standard
contract of sale in advance.
B.
Initial sales price. The initial sale price of each newly created
affordable unit shall be calculated based upon the Nassau-Suffolk
median income for a family of four at the time of the Town's lottery
announcement, and shall remain at that price until all of the initial
units are sold, as follows:
(1)
For developments requiring the construction of only one affordable
unit, the initial sale price of the unit shall be an amount equal
to 80% of the Nassau-Suffolk median income for a family of four multiplied
by 2.5.
(2)
For developments in which more than one affordable unit is required,
the initial sale price of half the units shall be an amount equal
to 80% of the Nassau-Suffolk median income for a family of four multiplied
by 2.5. If the developer can demonstrate to the satisfaction of the
Director of the Town of Riverhead Community Development Agency sufficient
justification for the construction of one or more units containing
additional square footage, such as additional bedrooms or a bathy
over the number required, the initial sale price of such units shall
be 130% of the Nassau-Suffolk median income for a family of four multiplied
by 2.1. In no event shall these larger units comprise more than half
of the number of affordable units. In the event an odd number of affordable
units is required, the initial sale price of the additional unit shall
be an amount equal to 80% of the Nassau-Suffolk median income for
a family of four multiplied by 2.5.
(3)
In commercial zones where units are constructed in a mixed-use
setting and such units are offered for sale, 50% of the required affordable
units may be one bedroom and 50% may be studios with the initial sale
price of the one bedroom units equal to 80% of the Nassau-Suffolk
median income for a family of four multiplied by 2.3, and the initial
sale price of the studio units equal to 80% of the Nassau-Suffolk
Median income for a family of four multiplied by 2.2. In the event
an odd number of affordable units are required, the Director of the
Town of Riverhead Community Development Agency shall determine whether
the unit is a studio or one bedroom, as circumstances warrant.
C.
Resale of affordable units.
(1)
All purchased must be approved by the Town of Riverhead Community
Development Agency and taken from a waiting list maintained by the
Agency or its designee. Any individual interested in selling an affordable
unit must notify the agency in writing that the unit is for sale,
and the Agency shall notify the prospective seller of the next qualified
applicant in the order of their appearance on the Agency-maintained
list, until a qualified purchaser has agreed to purchase the available
unit.
(2)
Ownership of affordable units may not be transferred by will,
devise, intestacy, gift, purchase on the open market, or otherwise,
except than an affordable unit may be conveyed by its owner to a trust,
provided that the owner is a beneficiary of the trust and the terms
of the trust require that the trustee, within 120 days of the date
of the beneficiary's death, or the date when the unit is no longer
being used as the beneficiary's primary residence (domicile), notify
the affordable housing program administrator and offer the unit for
sale to the next eligible applicant. Prior to conveying an affordable
unit to a trust, a copy of the trust instrument shall be provided
to, and approved by, the Agency Director. Title may also be transferred
to a court-appointed referee in mortgage foreclosure proceedings,
provided the unit is offered for sale and transferred to the next
eligible applicant in accordance with the provisions of this legislation,
and a copy of the order of reference and order of sale is provided
to the Director.
(3)
Resale prices shall be restricted and calculated using the initial
sales price increased by the cumulative annual increases of the consumer
price index (CPI). Notwithstanding any other provision to the contrary,
the resale price of an affordable unit may be increased by an amount
not to exceed 50% of the documented capital improvements made by the
seller, as approved by the Director, up to a maximum amount of $10,000.
(4)
Prior to closing, a copy of the executed contract of sale shall
be provided to the Town of Riverhead Community Development Agency
along with an executed and sworn affidavit by the seller and purchaser,
attesting that the contract of sale is true and accurate, that there
are no other agreements between the seller and purchaser, and that
the purchaser has not and will not pay any amounts to the seller which
are not reflected in the contract of sale.
(5)
Affidavit of owner. The Town of Riverhead Community Development
Agency or other housing administrator may, at its discretion, require
owners of affordable units under their jurisdiction to verify that
their unit is their domicile (primary residence) by signing an annual
affidavit and disclosure statement.
A.
In order to qualify as an eligible purchaser of an affordable unit
in all zoning use district, the annual household income may not exceed
130% of the Nassau-Suffolk median income adjusted by family size at
the time of formal application to the Town of Riverhead Community
Development Agency. Applicants who have an annual household income
of up to 80% of the Nassau-Suffolk median income adjusted by family
size shall be eligible for the lower priced affordable units and those
whose annual household income is between 81% and 130% of the Nassau-Suffolk
median income adjusted by family size shall be eligible for the higher
priced units. In all cases, applicants may have not assets, which,
after deduction of the down payment and estimated closing costs, exceed
25% of the contract sale price for nonage-restricted housing and 100%
of the contract sale price for age restricted housing.
B.
An applicant must have adequate resources and credit to qualify for
a home mortgage.
C.
Applicants who are residents of the Town of Riverhead or who provide
documented employment by a business or entity that maintains a verifiable
physical location within the Town of Riverhead, or nonresidents who
have parents, children, grandchildren or grandparents who are residents
of the Town of Riverhead shall have priority to purchase affordable
units. Applicant who do not meet the above criteria may also enter
a Town affordable housing lottery.
D.
Waiting list. A list of potential purchasers for affordable units
shall be created for each development by a lottery system which will
establish a ranking system by number. Those who are not offered a
unit due to rank number shall be placed on a waiting list.
A.
The Town of Riverhead Community Development Agency shall monitor
the rental of all affordable units for compliance with this article.
All lease agreement must be approved by the Agency, and shall not
be amended except as authorized by the Director. The Director may
preapprove the developer's standard lease agreement in advance.
B.
Rental unit developments. In development where the units are specifically
approved for rental, the monthly rental price in all zoning districts
shall be no greater than 80% of the HUD fair market rental value for
Nassau-Suffolk County in effect at the time of the execution of the
lease agreement, provided all utilities are included in the rental
price. If all utilities are not included, the monthly rental price
shall be no greater than 80% of the HUD fair market rental value for
Nassau-Suffolk County reduced by the monthly utility allowance in
effect at the time the lease agreement is executed.
C.
No lease shall be transferred or assigned.
D.
Prior to occupancy of a leased unit, a copy of the executed lease
agreement shall be provided to the Town of Riverhead Community Development
Agency along with an executed and sworn affidavit by the landlord
and tenant, attesting that the lease agreement is true and accurate,
and that there are no other agreements between the parties, and that
the tenant has not and will not pay any amounts to the landlord which
are not reflected in the lease agreement.
Prospective tenants will be subject to a credit check by the
developer/sponsor of the unit prior to confirming program income eligibility
to the Town of Riverhead Community Development Agency. The annual
household income of prospective tenants in all zoning districts shall
not exceed the following thresholds at the time of application and
at the time the lease is signed:
