Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
[Adopted 1-13-2009 by L.L. No. 2-2009 (Ch. 53B of the 1968 Compilation)]
As used in this article, 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 to those of the rest of the development.
DENSITY BONUS
A density increase of at least 10% over the otherwise maximum allowable residential density under the Village Zoning Code, Chapter 300, as of the date of the application by the applicant to the Village. All density calculations resulting in fractional units shall be rounded up to the nearest whole number. The granting of a density bonus shall not require, in and of itself, a comprehensive plan amendment, zoning change or other approval. 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.
A. 
When the Village Planning Board approves a subdivision plat or site plan for five or more residential units or a mixed-use development that incorporates five or more residential units, except as otherwise provided in Subsection B of this section, the applicant shall receive a density bonus or other incentive pursuant to a written agreement between the applicant and the Village, and the Village shall require of the applicant:
(1) 
The set aside of at least 10% of such units for affordable workforce housing on site; or
(2) 
The provision of other land and the construction of the required affordable workforce housing units that are not part of the applicant's current subdivision plat or site plan but are to be provided on another site within the Village; or
(3) 
The payment of 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 or, 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. All fees collected by the Village as provided in this section shall, at the sole discretion of the Village, be:
(a) 
Deposited in a single trust fund under the control of the Village to be kept in trust and separate and apart from all other monies of the Village, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing or rehabilitating structures for the purpose of providing affordable workforce housing. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund; or
(b) 
Paid to another local government within the Suffolk County pursuant to an intermunicipal agreement, to be kept in trust and separate and apart from all other monies of such other local government, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing or rehabilitating structures for the purpose of providing affordable workforce housing within such other local government. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund; or
(c) 
Paid into a single trust fund under the control of the Long Island Housing Partnership to be kept in trust and separate and apart from all other monies of such partnership, 50% of which shall be used for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing or rehabilitating structures for the purpose of providing affordable workforce housing within Suffolk County. The remaining 50% of such funds shall be used to provide down-payment assistance to eligible homebuyers who qualify for the existing employer assistance housing benefit program administered by such partnership; or
(d) 
Paid into a single trust fund under the control of the Sag Harbor Community Housing Trust, Inc., to be kept in trust and separate and apart from all other monies of such trust. Such trust fund shall be used for the specific purpose of providing a benefit to the residents and workforce of the Sag Harbor community and surrounding areas by:
[Added 2-11-2014 by L.L. No. 3-2014; amended 4-11-2017 by L.L. No. 8-2017]
[1] 
Constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing or rehabilitating structures for the purpose of providing affordable workforce housing within the Sag Harbor Community and surrounding areas; or
[2] 
Providing down-payment assistance or other financial assistance for the purchase of affordable workforce housing by eligible homebuyers as shall be determined by the Board of Trustees within the Sag Harbor Community and surrounding areas; or
[3] 
Being paid to another local government within Suffolk County pursuant to an intermunicipal agreement, to be kept in trust and separate and apart from all other monies of such other local government, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing, or rehabilitating structures for the purpose of providing affordable workforce housing within such other local government. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund; or
[4] 
Being paid into a single trust fund under the control of the Long Island Housing Partnership (LIHP), to be kept in trust and separate and apart from all other monies of such partnership, 50% of which shall be used for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing, or rehabilitating structures for the purpose of providing affordable workforce housing within Suffolk County. The remaining 50% of such funds shall be used to provide down-payment assistance to eligible homebuyers who qualify for the existing Employer Assistance Housing Benefit Program administered by LIHP. The down-payment assistance funds shall be secured by a note and mortgage on the property purchased with such funds and shall be fully repaid to the fund by the recipient upon the sale or refinancing of the aforementioned property.
B. 
The provisions of this article shall not apply when an applicant elects a lesser percentage than the maximum allowable residential density under the Village Zoning Code, Chapter 300.
C. 
The Village shall ensure that all affordable housing units created pursuant to this article remain affordable. Subsequent purchasers of such units shall have at the time of purchase, pursuant to the definition of "affordable workforce housing," 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.
D. 
Within six months of the establishment of a trust fund, the Village shall issue guidelines and policies which shall govern the expenditure of trust fund monies.
E. 
Mortgage counseling for the Long Island Workforce Housing Program. Persons purchasing affordable workforce housing created pursuant to this article, or who receive down-payment assistance pursuant to this article, must attend home-buyer education and mortgage counseling provided free of charge through the Long Island Housing Partnership.