[HISTORY: Adopted by the Town Board of the
Town of East Hampton 5-4-2007 by L.L. No. 17-2007. Amendments noted
where applicable.]
A.
The primary purpose of the East Hampton Affordable
Housing Credit Program is to promote and facilitate the creation of
affordable housing by the private and public sectors in the Town of
East Hampton while at the same time enhancing the conservation of
open space within the Town by permanently sterilizing certain lands
purchased by the Town through the creation of conservation easements.
The Comprehensive Plan (dated May 6, 2005) encourages the creation
of apartments in commercial buildings to add to the affordable housing
stock in the Town. The Comprehensive Plan also encourages the development
of new affordable single-family housing developments and new attached
affordable housing developments.
B.
The Comprehensive Plan suggests that a transfer of
development rights program be established in order to facilitate the
creation of affordable housing while at the same time complying with
the groundwater protection standards of the Suffolk County Department
of Health Services. By establishing the East Hampton Affordable Housing
Credit Program, the Town will be able to transfer affordable housing
credits from areas where the Town has sterilized land to other parcels
for affordable housing projects throughout the Town. The affordable
housing credits would be transferred from parcels of land in the Town
of East Hampton which consist of natural, scenic, passive recreational,
forest, or open land or sites of special historical, cultural, aesthetic
or economic values sought to be protected. These parcels owned by
the Town of East Hampton shall be permanently sterilized by conservation
easements and/or covenants and restrictions to remain as open space.
The affordable housing credits will allow recipients the opportunity
to build developments or apartments consistent with the Town Code
but that would otherwise not be allowed under Suffolk County Department
of Health Services requirements.
C.
In order to determine the number of affordable housing
credits that can be transferred from a subdividable parcel of land,
a mathematical computation shall be prepared using the parcel acreage,
the groundwater management zone and the residential zoning district
where the property is located. The computation first requires the
parcel acreage to be discounted by a factor of 25% to reflect the
average amount of unbuildable land area on a typical parcel of land
(i.e., land needed for roads or drainage solutions or that which is
covered with constraints to building such as wetlands and excessively
steep slopes). This discounted land area will be divided by the minimum
lot area required in the groundwater management zone. For residential
parcels zoned other than B and A Residence Districts, the number will
be further reduced by a percentage based on Town zoning.
D.
Once the affordable housing credits are transferred
for use in a project in the private or public sector, covenants and
restrictions will be placed in the deed to assure the housing project
remains affordable. Owners will be required to update their current
septic systems to accommodate the greater usage because the septic
systems for the affordable housing projects still must meet current
Suffolk County Department of Health Services septic flow standards.
To facilitate this requirement, the Town of East Hampton, where necessary
or preferred from a planning standpoint, may allow owners to utilize
Town rights-of-way, alleys, and parking lots to accommodate the upgraded
septic system.
As used in this chapter, the following terms
shall have the meanings indicated:
For the purpose of this chapter, the sanitary rights permitted
on a lot, parcel, or area of land under the Suffolk County Department
of Health Services.
Is established by multiplying the gross lot area of the sending
parcel by the development yield factor for each zoning category.
A single-family residential density wastewater design flow
equivalent of 300 gallons per day.
Areas identifying differences in regional hydrogeologic and
groundwater quality conditions as adopted by the Suffolk County Board
of Health. East Hampton is divided between Groundwater Management
Zones IV and V as depicted on a map filed in the Office of the Commissioner
of Health in Hauppauge, New York and the East Hampton Town Planning
Department.
One or more designated districts or areas of land having
access to public water to which development rights generated from
one or more sending districts may be transferred and in which increased
development, as per the Suffolk County Department of Health Services
septic flow standards, is permitted to occur by reason of such transfer.
One or more designated districts or areas of land in which
development rights are designated for use in one or more receiving
districts.
Parcel acreage (in square feet) multiplied by a factor of
.75 (75%) divided by 20,000 square feet if the land is within Groundwater
Management Zone IV and public water is available or 40,000 square
feet for all other parcels.
The process by which development rights are transferred from
one lot, parcel, or area of land in any sending district to another
lot, parcel or area of land in one or more receiving districts.
Any parcel shown on an Urban Renewal Map and having a parcel
number assigned by that map.
For the purpose of computing the allocation
of East Hampton affordable housing credits, a parcel of land is defined
as a separately assessed tax lot.
Development yield is established by multiplying the gross lot area of the parcel by the development yield factor for each zoning category. The development yield factors for the various residential zoning categories are detailed in § 250-30-10.2 below. The development yield factors for property zoned other than residential are detailed in § 250-30-20 below. For purposes of both residentially and nonresidentially zoned land, one acre equals 43,560 square feet.
For the purposes of computing the allocation
of East Hampton affordable housing credits, a fractional allocation
of an East Hampton affordable housing credit shall be rounded downward
to the nearest whole East Hampton affordable housing credit.
A.
Lots located outside Urban Renewal Maps.
(1)
For legally pre-existing nonconforming (as to
minimum lot area) lots existing as separate tax map parcels prior
to 1981, located outside the boundaries of the Urban Renewal Maps,
the number of East Hampton affordable housing credits allowed to be
transferred is equal to one East Hampton affordable housing credit.
(2)
For legally conforming (as to minimum lot area)
parcels of land located outside the boundaries of the Urban Renewal
Maps, the number of East Hampton Affordable Housing Credits allowed
to be transferred will be determined using the Suffolk County Department
of Health Services ("SCDHS") yield method determination for determining
lot yield, discounted by a factor corresponding to the Town residential
zoning classification according to the following formulas:
B.
Urban renewal parcels.
(1)
Urban renewal parcels may only be considered
as sending districts if the municipality owns 100% of the urban renewal
parcel. Any lot in an urban renewal parcel that was purchased without
banking the development rights shall be excluded from the development
yield calculus.
(2)
For nonconforming (as to minimum lot area) parcels
within Urban Renewal Maps, the number of East Hampton affordable housing
credits allowed to be transferred is equal to one East Hampton affordable
housing credit, subject to any percentage reduction for lots in the
parcel that were purchased without banking the development rights.
(3)
For legally conforming (as to minimum lot area) parcels within Urban Renewal Maps, the number of East Hampton affordable housing credits allowed to be transferred will be determined using the Suffolk County Department of Health Services ("SCDHS") yield method determination for determining lot yield, discounted by a factor corresponding to the Town residential zoning classification according to the formula set forth in § 250-30-10.2A(2), but in no case shall a legally conforming parcel of land as described in this section receive less than one credit, subject to any percentage reduction for lots in the parcel that were purchased without banking the development rights.
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Figure 250-1
East Hampton Affordable Housing Credit
("EHAHC") Program Allocation Examples
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Example 1: A 1.54 acre parcel zoned
for B Residence (one unit per 20,000 square feet) in Groundwater Management
Zone IV with public water available.{((1.54 x 43,560) x .75)/20,000}
= 2.51559. This is then rounded down to the nearest whole number or
2 EHAHCs.
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Example 2: A 2.00 acre parcel zoned
for A Residence (one unit per 40,000 square feet) within Groundwater
Management Zone IV with no public water available. {((2.00 x 43,560)
x .75)/40,000} = 1.6335. This is then rounded down to the nearest
whole number or 1 EHAHC.
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Example 3: A 7.89 acre parcel zoned
for A2 Residence within Groundwater Management Zone V. {((7.89 x 43,560)
x .75)/40,000} x .80 = 5.155326. This is then rounded down to the
nearest whole number or 5 EHAHCs.
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Example 4: A 10.53 acre parcel
zone for A3 Residence within Groundwater Management Zone IV with no
public water available. {((10.53 x 43,560) x .75)/ 40,000} x .60 =
5.1602265. This is then rounded down to the nearest whole number or
5 EHAHCs.
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Example 5: A 15.63 acre parcel
zoned for A5 Residence within Groundwater Management Zone IV with
public water available. {((15.63 x 43,560) x .75)/20,000} x .40 =
10.21264. This is then rounded down to the nearest whole number or
10 EHAHCs.
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Example 6: A 21.34 acre parcel
zoned for A10 Residence within Groundwater Management Zone V. {((21.34
x 43,560) x .75)/40,000} x .20 = 3.485889. This is then rounded down
to the nearest whole number or 3 EHAHCs.
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For commercially zoned land, the number of affordable
housing credits that can be transferred from a subdividable parcel
of land will be calculated by a mathematical computation using the
parcel acreage and the groundwater management zones. The lot area
in acreage will be discounted by a factor of 25% to reflect the average
amount of unbuildable land area on a typical parcel of land (i.e.,
land needed for roads or drainage solutions or that which is covered
with constraints to building such as wetlands and excessively steep
slopes.) This discounted land area will be further reduced by dividing
it by 40,000 square feet in Groundwater Management Zone V or, if public
water is available, 20,000 square feet in Groundwater Management Zone
IV, as established by the Suffolk County Health Department. In no
case shall a parcel of land as described in this section receive less
than one credit.
The following limitations shall apply to the
allocation of East Hampton affordable housing credits:
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250-30-40.1.
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No allocation shall be made for any property
for which the development rights have previously been fully used,
or allocated for use, under this program or any other program.
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250-30-40.2.
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Partially improved properties shall receive
a decreased allocation based upon the extent of improvement. The East
Hampton affordable housing credit allocation for a parcel of land
shall be reduced by one East Hampton affordable housing credit for
each existing single-family unit on the parcel. The Planning Department
will determine the percentage of decreased allocation for all other
existing improvements on properties. Should there be any question
as to the determination of East Hampton affordable housing credit
allocation for partially improved properties; the Town of East Hampton
shall submit such question to the Suffolk County Department of Health
Services for a determination of the number of East Hampton affordable
housing credits available for the parcel.
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All areas of a parcel located within the following
zoning and overlay districts within the Town of East Hampton shall
qualify as a receiving district for redemption of East Hampton Affordable
Housing Credits purposes:
All areas of a parcel located within the Town
of East Hampton shall qualify as a sending district, except:
A.
A farm as defined in § 134-2 of the Town Code (includes stock, dairy, poultry, fur-bearing animals, horse farm, fruit, vegetables, grain and truck farms, plantations, orchards, nurseries, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities).
Any parcels designated within the sending district
where the Town of East Hampton acquires development rights shall be
permanently sterilized to prevent future development by:
A.
Development rights may only be transferred to a receiving
district in the same Suffolk County groundwater management zone as
the sending district.
B.
Whenever credits are available, transfers shall be
limited from a sending district to receiving district within the same
school district. Should the Town Board transfer out of the same school
district, the Board shall conduct an economic analysis illustrating
any effect the transfer will have on both the sending and receiving
school districts with the exception of Springs School District, where
there shall be no net increase.
C.
Whenever feasible, the Town Board shall limit any
transfers of credits to the Harbor Protection Overlay District, Water
Recharge District or Flood Hazard Overlay District from the same Harbor
Protection Overlay District, Water Recharge Overlay District or Flood
Hazard Overlay District.
D.
As per Suffolk County Health Department regulations,
increases in sanitary flow are limited to double the allowable sanitary
flow for the Groundwater Management Zone of the receiving parcel.
E.
The Town Board, where necessary or preferred from
a planning standpoint, may allow owners to utilize Town rights-of-way,
alleys, and parking lots to accommodate the upgraded septic system
subject to an easement in a form acceptable to the Town Attorney and
subject to approval by the Highway Superintendent.
All East Hampton affordable housing credits
shall be issued by the East Hampton Town Board.
The issuance of an East Hampton affordable housing
credit shall include the following steps:
A.
Application by property owner, including municipal
property owner, to the Planning Department describing the project
and listing the number of East Hampton affordable housing credits
needed to meet Suffolk County Department of Health Services standards.
B.
The Planning Department, after consultation with the
Suffolk County Department of Health Services, when necessary, confirms
the number of necessary East Hampton affordable housing credits needed
to meet Suffolk County Department of Health Services standards and
forwards application to Town Board.
C.
Planning Board and Building Inspector reports.
(1)
The Planning Board shall provide to the Town
Board prior to the scheduling of a public hearing a report and recommendation
that considers the following factors:
(a)
Effect of increased development in the receiving
district;
(b)
Whether the district contains adequate resources
to meet development proposed by the applicant;
(c)
Environmental quality and public facilities,
including adequate transportation, water supply, waste disposal and
fire protection;
(d)
Whether there will be significant negative environmental
consequences;
(e)
Whether the increased residential density is
compatible with identified historic resources within or adjacent to
the project site;
(f)
Whether such increased development is compatible
with comprehensive planning and for the area; and
(g)
Whether the development is otherwise permitted
by the Town and by the federal, state and county agencies having jurisdiction
to approve permissible development within the district (Town Law § 261-a).
(2)
The Chief Building Inspector shall provide the
Town Board with a report prior to the scheduling of a public hearing
detailing any comments he or she may have regarding the proposed project.
D.
The Town Board reviews the application and determines
whether to schedule a public hearing or request more information from
the applicant or other Town agencies.
E.
The Town Board holds a public hearing after 10 days'
public notice to determine whether to authorize the transfer of East
Hampton affordable housing credits. The public hearing notice shall
indicate the following:
(1)
The number of credits needed to meet Suffolk
County Department of Health Services standards for the purpose of
affordable housing;
(2)
That the Town of East Hampton has the required
number of credits available from specific sending parcels; and
(3)
That such transfer is in the best interest of
the Town.
F.
Upon adoption of an authorizing resolution from the
Town Board, the Planning Department temporarily extinguishes the number
of approved credits from the affordable housing credit registry.
G.
The applicant submits Planning Board application and
a copy of the Town Board resolution approving use of designated number
of credits to the Planning Board.
H.
Prior to issuance of the certificate of occupancy,
the applicant files covenants and restrictions with the Office of
the Suffolk County Clerk restricting use of the apartment for affordable
housing purposes only.
I.
Following the issuance of the certificate of occupancy
for the project, the East Hampton affordable housing credits will
be permanently extinguished from the list as maintained by the East
Hampton Planning Department. The Town files covenants and restrictions
extinguishing development rights on the sending parcel with the Suffolk
County Clerk.
J.
The Town maintains a right to inspect any housing
projects once per year that benefited from this program.
K.
The applicant and all future owners of the property
shall be required to supply written notice to the Town of East Hampton
whenever there is a transfer of ownership of the benefited parcel.
The consideration for each credit shall be $100
and the owner's commitment to utilize the apartment for affordable
housing only as set forth in covenants and restrictions filed against
the receiving parcel in the Office of the Suffolk County Clerk and
enforceable by the Town of East Hampton.
A.
Following the approval of the proposed affordable
housing project pursuant to the procedures set forth in this chapter,
the applicant shall file in the Office of the Suffolk County Clerk
Covenants and Restrictions in a form approved by the Town Attorney.
(1)
The covenants and restrictions shall contain
terms and conditions as the Town Board and the Planning Board deem
necessary to insure that the dwelling unit created by the transferred
credit remains affordable in perpetuity, and shall be leased or sold
only to individuals eligible for affordable housing as per East Hampton
Department of Housing and Community Development guidelines. The sale
and/or lease of the dwelling unit that has been constructed with the
transferred credit shall be administered through the Town of East
Hampton Office of Housing and Community Development.
B.
A copy of the filed covenants and restrictions
must be filed with the Town Clerk.
[1]
Editor's Note: Former § 250-50-40, Expiration of
East Hampton affordable housing credit authorizing resolution, was
repealed 2-20-2009 by L.L. No. 6-2009.
The Planning Department shall establish and
maintain, and the Town Clerk shall have a copy of a registry of East
Hampton affordable housing credits, which shall include the following
information:
A.
A list of the parcels purchased or conveyed to the
Town of East Hampton where development rights have been banked, including:
(1)
The name and address of the seller;
(2)
The date of closing;
(3)
The tax district, section, block and lot identification
of the parcel of land;
(4)
School district;
(5)
Overlay district;
(6)
Any funds used for purchase;
(7)
The number of East Hampton affordable housing
credits available on each parcel;
(8)
The total number of East Hampton affordable
housing credits available; and
(9)
Whether credits have been temporarily or permanently
extinguished.
B.
A list of every property owner to whom an East Hampton
affordable housing credit resolution is issued pursuant to this chapter,
including the following information:
(1)
The name and address of the property owner;
(2)
The date of its issuance;
(3)
The tax district, section, block and lot identification
of the parcel of land to which the East Hampton affordable housing
credit has been assigned;
(4)
School district;
(5)
Overlay district;
(6)
The number of East Hampton affordable housing
credits assigned to each parcel;
(7)
The total number of East Hampton affordable
housing credits assigned;
(8)
The total acreage to which East Hampton affordable
housing credits have been assigned; and
(9)
The sending parcel where the credits originated.
C.
An annual report of the total number of East Hampton
affordable housing credits purchased and transferred. This report
shall list the hamlet and school district of each tract of land for
which East Hampton affordable housing credits were issued and the
hamlet and school district to which the East Hampton affordable housing
credits were transferred.
[Amended 2-20-2009 by L.L. No. 6-2009]
Failure to utilize an affordable housing credit
in a proposed project may result in revocation of the transferred
affordable housing credit. An affordable housing credit may be revoked
by the Town Board by resolution, with the consent of the Suffolk County
Department of Health Services and following a public hearing, after
30 days' written notice of the hearing by personal service or certified
mail to the property owners and to the Suffolk County Department of
Health Services. Credits that are redeemed by the Town through this
method are to be redeposited in the bank and shall be available for
new applications.
The acts or omissions enumerated below shall
constitute violations of this chapter and shall be punishable as set
forth herein.
A.
What constitutes a violation. Any person, firm, corporation
or other entity shall have committed a violation of this chapter if
said person, firm, corporation or other entity violates any one or
more of the following:
(1)
Any provision of this chapter which imposes a restriction,
limitation or condition on the use or ownership of real property,
or which imposes a duty, liability, restriction or requirement on
the owner of said property.
(2)
Any provision of a conservation easement granted to
or accepted by the Town pursuant to this chapter.
(3)
Any provision of a local agency approval made pursuant
to this chapter.
B.
Penalties. Any person, firm, corporation or other
entity that commits a violation of this chapter shall be punishable
in the following manner:
(1)
For a conviction of a first offense, the violator
shall be guilty of a violation pursuant to the Penal Law, imposition
of a fine of not less than $500 nor more than $1,000 or a term of
imprisonment of not more than 15 days, or both.
(2)
For the conviction of each subsequent offense, the
violator shall be guilty of a misdemeanor pursuant to the Penal Law,
punishable of a fine of not less than $1,000 or a term of imprisonment
not more than six months, or both.
(3)
In lieu of or in addition to these punishments, any offender shall be punished by being ordered to disgorge any profits made over the maximum rent allowed for affordable housing pursuant to East Hampton Housing and Community Development Guidelines for Affordable Housing Unit as defined in the East Hampton Town Code § 255-1-20.
C.
Continuing violation. After the date on which the
Building Inspector, Ordinance Enforcement Officer, or other responsible
Town official shall have provided notice of a violation or a stop-work
order to the offender, each day' s continuance thereof shall be deemed
a separate and distinct offense.
Should any part or provision of this local law
be decided by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of this local law as a whole nor any
part thereof other than the part so decided to be unconstitutional
or invalid.
This local law shall take effect immediately
upon filing with the Secretary of State as provided by law.
