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 to provide affordable housing and create a fund that will
allow the Town to continue and improve the affordable housing opportunities
for Town residents.
As used in this section, the following terms shall have the
meanings indicated:
AFFORDABLE WORKFORCE HOUSING
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.
APPROVED YIELD MAP
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.
DENSITY BONUS
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.
DIRECTOR
The Director of the Town of Riverhead Community Development
Agency.
FEE IN LIEU OF DENSITY BONUS
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, 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.
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.
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:
A. One bedroom or studio unit. Fifty percent of the median family income
for a family of two.
B. Two bedroom unit. Fifty percent of the median family income for a
family of four.
C. Three bedroom unit. Fifty percent of the median family income for
a family of six.