[Amended 10-8-2024 by L.L. No. 46-2024]
The provisions of this Article shall apply to the subdivision, re-subdivision and development of land (site plans) in all existing or future zoning districts, including commercial and industrial zones which permit residential development, where five (5) or more residential lots or dwelling units are proposed, and where the land has been the subject of an applicant-initiated zone change which has resulted in an increase in the lot yield or density allowance.
(A) 
Required housing. Where an increase in lot yield or density results from an applicant-initiated change of zone or the development of a building containing residential units in an overlay district, and five (5) or more residential lots or dwelling units are proposed for development, an applicant shall be required to set-aside and establish, as a condition of the zone change, affordable housing equal to twenty (20%) percent of the increase in lot yield or density (owner-occupied or rental units). In the event the number of units to be established results in a fraction of a unit, the applicant shall pay an amount equal to that fraction multiplied by the fee set forth in § 74-16(B).
[Amended 8-6-2024 by L.L. No. 30-2024]
(B) 
Calculation. The number of affordable dwelling units to be provided shall be determined by the Planning Board as part of the review and approval process. Applicants shall provide a fully conforming yield study for the subject property, as it would appear before the zone change took place, showing road configuration and park set-aside, drainage and grading, wetlands, steep slopes, and other required features. In addition, the applicant shall provide a fully conforming yield study at the property's new zoning classification, containing the same features for the Planning Board's consideration. The difference in the number of lots or residential units shown in the two maps or plans, shall be the number upon which the twenty (20%) percent shall be assessed.
(A) 
The applicant shall provide at least seventy-five (75%) percent of the required affordable housing on site, unless the applicant proposes and the Planning Board finds, in its discretion after applying planning principles, that the location of such housing is better suited off-site, and provided further that the property proposed for development of off-site affordable housing is (1) located within the same school district as the subject property; and (2) is zoned so as to yield the same or greater yield of affordable housing than would have been attained on the original site; and (3) is designated for affordable for-sale or rental unit(s), whichever the Planning Board may deem appropriate for the off-site affordable housing, provided that:
[Amended 6-13-2023 by L.L. No. 8-2023]
(1) 
The for-sale unit(s) shall be comparable in size and provide the same number of bedrooms as those that would be built on the original site.
(2) 
In the event rental units will be utilized to satisfy the off-site affordable housing requirement, there shall be two (2) rental units for every for-sale unit where the median market price of the original site for-sale units is equal to or less than $975,000 and there shall be three (3) rental units for every for-sale unit where the median market price of the original site for-sale units is greater than $975,000.
(3) 
In all instances, the for-sale or rental units shall be available for occupancy on or before the time that the original site units are made available for occupancy.
(B) 
In lieu of providing the remaining twenty-five (25%) percent of the affordable units, the applicant may pay over to the Town of Huntington Affordable Housing Trust and Agency Fund the amounts shown below. The Affordable Housing Advisory Board may recommend increases in the amounts payable from time to time, and/or such increases may be instituted as approved by the Town Board. The Planning Board shall specify the amount to be paid in any resolution granting preliminary or conditional final approval of a subdivision, re-subdivision or site plan, and the amount shall be paid in full prior to the signing of a map or plan by the Director.
(1) 
One Hundred Thousand ($100,000) Dollars per lot/dwelling in the R-5, R-7, R-10, R-15, R-3M and R-RM Zoning Districts.
(2) 
One Hundred Seventy-Five Thousand ($175,000) Dollars per lot/dwelling in the R-20 Zoning District.
(3) 
Two Hundred Twenty-Five Thousand ($225,000) Dollars per lot/dwelling in the R-40 Zoning District.
(4) 
The amount payable in non-residential zoning districts where residential development is permitted, or in any newly-created zoning district containing a residential component shall be the same as in the zoning classification which has the closest yield.
[Amended 8-6-2024 by L.L. No. 30-2024; 10-8-2024 by L.L. No. 46-2024]
The following shall be established conditions of the change of zone, whether or not specifically incorporated in the Town Board Resolution granting such change of zone:
(A) 
Unless approved by the Town Board, the affordable housing shall be offered to first-time homebuyers and shall not be age-restricted except in the R-RM Retirement Community District.
(B) 
In residential districts, fifty (50%) percent of the non-age restricted units shall have two (2) or more bedrooms. In commercial or industrial districts where mixed-use is applied, the units may be an equal mix of one (1) bedroom units and studios, and in the event an odd number of affordable units are required, the Director of the Huntington Community Development Agency shall determine whether the unit is a studio or one bedroom, as circumstances warrant.
(C) 
Once a certificate of occupancy is issued, the affordable housing units shall not be expanded (made larger).
(D) 
To maintain consistency with market rate units, affordable housing units shall be substantially the same as the development's market rate housing units in appearance, finishes, or other features, as determined by the Director of the Community Development Agency, and shall be distributed evenly among market rate housing.
(E) 
Builder's upgrades shall not be permitted in affordable housing units for an additional cost.
(F) 
Affordable housing units shall not be leased, rented, subleased, or offered for lease, rent, or sublease other than as set forth in the Town of Huntington's Affordable Housing Law.
(G) 
Ownership, possession or occupancy of affordable housing units shall not be transferred by will, devise, intestacy, gift, purchase on the open market, or by any means other than as set forth in the Town of Huntington's Affordable Housing Law.
(H) 
The gross floor area of affordable housing units shall not be increased, and the basements, garages, or attics shall not be converted into habitable space.
(I) 
Owners of affordable housing units shall, upon request of the Huntington Community Development Agency or other housing administrator, submit an Affidavit and Disclosure Statement annually certifying that their unit is their domicile (primary residence).
(J) 
Handicapped accessibility shall be addressed during the site plan or building permit review process.
(K) 
Covenants and Restrictions. To insure continued compliance with this legislation, and as a condition of any change of zone or the development of a building containing residential units in an overlay district, all affordable units shall be subject to covenants and restrictions that run with the land, and restrict the sale, resale and rental of such units in accordance with the requirements of the District. The covenants shall contain other restrictions established by the Town Board on the rezone. Said covenants and restrictions shall be prepared by the applicant and submitted to the Town Attorney and the Director of the Huntington Community Development Agency for review and approval as to form and content. Upon approval by the Town Attorney and the Director of the Huntington Community Development Agency, 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 Planning and Environment with a copy of the recorded instrument before the local law will be filed. A copy of the recorded instrument shall be submitted to the Planning Board as part of any application for site plan, subdivision or resubdivision approval for the property, and shall be noted on the map or plan signed by the Director. All deeds transferring title to affordable units shall contain a reference to the Liber and Page of the recorded covenants and restrictions.
Affordable units shall be developed in advance of or at the same time as market value units as provided herein. The Planning Board may impose such restrictive covenants to aid in the enforcement of this section as it deems advisable.
(A) 
Off-site units. No certificate of occupancy may be issued for any unit located on-site until certificates of occupancy for all off-site affordable housing units have been issued.
(B) 
On-site units. In order to ensure that on-site affordable housing is developed in a timely fashion, for every one certificate of occupancy issued for an affordable unit the Town may release up to seven (7) certificates of occupancy for market-value units. Upon approval of the Director of the Engineering Services Department for good cause shown, and in accordance with the recommendation of the Director of the Huntington Community Development Agency, up to five (5) additional certificates of occupancy for market value units may be issued. Nothing in this section shall be construed as permitting a developer to deviate from the final approved site plan.
[Amended 5-29-2019 by L.L. No. 24-2019; 7-13-2021 by L.L. No. 35-2021]
The Huntington Community Development Agency shall monitor the sale and resale of all affordable units for compliance with this Chapter. All contracts of sale shall be provided by the Agency, and shall not be amended except as authorized by the Director. The Director may pre-approve the developer's standard contract of sale in advance.
(A) 
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 (4) at the time the contract is fully executed, and shall remain at that price until all of the initial units are sold, as follows:
[Amended 8-6-2024 by L.L. No. 30-2024]
(1) 
For developments requiring the construction of only one (1) affordable unit, the initial sale price of the unit shall be an amount equal to eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5.
(2) 
For developments in which more than one (1) affordable unit is required, the initial sale price of half the units shall be an amount equal to eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5. If the developer can demonstrate to the satisfaction of the Director of the Huntington Community Development Agency sufficient justification for the construction of one (1) or more units containing additional living space of at least twenty-five (25%) square footage of proposed eighty (80%) units, such as additional bedrooms over the number required, the initial sale price of such units shall be one hundred twenty (120%) percent of the Nassau-Suffolk median income for a family of four (4) 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 eighty (80%) percent of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.5.
(3) 
In commercial zones where units are constructed in a mixed-use setting and such units are offered for sale, fifty percent (50%) of the required affordable units may be one (1) bedroom and (50%) may be studios with the initial sale price of the one (1) bedroom units equal to eighty percent (80%) of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.3, and the initial sale price of the studio units equal to eighty percent (80%) of the Nassau-Suffolk median income for a family of four (4) multiplied by 2.2. In the event an odd number of affordable units are required, the Director of the Huntington Community Development Agency shall determine whether the unit is a studio or one bedroom, as circumstances warrant.
(B) 
Resale of Affordable Units.
(1) 
All purchasers must be approved by the Huntington 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 purchaser in the order of their appearance on the Agency-maintained list, until a qualified purchaser has agreed to purchase the available unit. The Huntington Community Development Agency will make its best efforts to find a qualified purchaser within six months of being notified that the unit is for sale. If in the event the HCDA is unable to secure a qualified purchaser for such unit within a six-month period, then and only then, may the seller locate a buyer provided that the buyer meets all the affordable housing requirements for that development. The potential buyer will have to fill out an application and provide all necessary documentation for review and approval by the HCDA prior to executing a contract of sale.
[Amended 8-6-2024 by L.L. No. 30-2024]
(2) 
Ownership of affordable units must be titled to the approved purchaser(s) only and may not be transferred by will, devise, intestacy, gift, purchase on the open market, or otherwise. 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.
[Amended 8-6-2024 by L.L. No. 30-2024]
(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 fifty (50%) percent of the documented capital improvements made by the seller, as approved by the Director, up to a maximum amount of ten thousand ($10,000.) dollars.
(4) 
Prior to closing, a copy of the executed Contract of Sale shall be provided to the Huntington 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.
(C) 
Affidavit of Owner. The Huntington 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 districts, the annual household income may not exceed one hundred twenty (120%) percent of the Nassau-Suffolk median income adjusted by family size at the time of formal application to Huntington Community Development Agency. Applicants who have an annual household income of up to eighty (80%) percent 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 eighty-one (81%) percent and one hundred twenty (120%) percent of the Nassau-Suffolk median income adjusted by family size shall be eligible for the higher priced units. In all cases, applicants may not have assets, which, after deduction of the estimated closing costs, exceed twenty-five (25%) percent over the contract sale price for nonage-restricted housing and two times the contract sale price for age-restricted housing.
[Amended 8-6-2024 by L.L. No. 30-2024]
(B) 
An applicant must have adequate resources and credit to qualify for a home mortgage.
(C) 
Applicants who are engaged in volunteer services as firefighters and/or other first responders shall have priority to purchase affordable units. As used in this subsection, "firefighter" shall mean a person who is duly certified and trained to engage in firematic services and has performed such services in the County of Suffolk in good standing for the one-year period immediately prior to qualification; "first responder" shall mean a person who is licensed and trained to provide emergency medical services and who has actively provided such services in the County of Suffolk in good standing for the one-year period immediately prior to qualification. Any such firefighter/first responder must maintain good standing for the five-year period immediately subsequent to the date of closing to maintain minimum qualifications for such housing status.
[Added 8-6-2024 by L.L. No. 30-2024[1]]
[1]
Editor's Note: This local law also redesignated former Subsections (C) and (D) as Subsections (D) and (E).
(D) 
Management of Applications. Applicants who are residents of or who provide documented employment by a business or entity that maintains a verifiable physical location within the Town of Huntington, or non-residents who have parents, children, grandchildren or grandparents who are residents of the Town of Huntington shall have secondary preference to purchase affordable units. Applicants who do not meet the above criteria may also apply for an affordable unit.
[Amended 9-13-2022 by L.L. No. 24-2022; 8-6-2024 by L.L. No. 30-2024]
(E) 
Waiting list. A list of potential purchasers for affordable units will be maintained and updated annually by the Huntington Community Development Agency. It is the applicant's responsibility to update any changes to their application in writing. [2]
[2]
Editor’s Note: Former Subsection (F), regarding opening of waiting list, as amended, which immediately followed, was repealed 8-6-2024 by L.L. No. 30-2024.
[Amended 1-12-2021 by L.L. No. 6-2021; 8-6-2024 by L.L. No. 30-2024]
The Huntington Community Development Agency shall monitor the rental of all affordable units for compliance with this Chapter. In all new developments, and all existing developments unless prohibited by the provisions of this Chapter or resolution of the Town Board, rentals of affordable units shall be determined by placement on the rental housing waiting list. Applicants who meet the criteria set forth in § 74-22 of this Chapter shall have priority to rent affordable units. All lease agreements must be approved by the Agency, and shall not be amended except as authorized by the Director. The Director may pre-approve the developer's standard lease agreement in advance.
(A) 
Rental Unit Developments. In developments where the units are specifically approved for rental, the monthly rental price in all zoning districts shall be no greater than eighty (80%) percent 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.
(B) 
No lease shall be transferred or assigned.
(C) 
Prior to occupancy of a leased unit, a copy of the executed lease agreement shall be provided to the Huntington Community Development Agency along with an executed and sworn affidavit by the landlord and tenant, attesting that the lease agreement is true and accurate, 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 Huntington 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 (50%) percent of the median family income for a family of two (2).
(B) 
Two bedroom unit: Fifty (50%) percent of the median family income for a family of four (4).
(C) 
Three bedroom unit: Fifty (50%) percent of the median family income for a family of six (6).
[Amended 4-11-2023 by L.L. No. 5-2023; 8-6-2024 by L.L. No. 30-2024]
The Huntington Community Development Agency shall receive the following fee for monitoring compliance with the provisions of this Chapter:
(A) 
One (1%) percent on the initial sale of the contract price, one (1%) percent of the contract sales price per transfer in years one through five of ownership, two (2%) percent of the contract sales price per transfer in years six through ten (10) of ownership, and three (3%) of the contract sales price per transfer in years eleven (11) and beyond of owner-occupied affordable unit paid by the seller at or prior to closing; and
(B) 
One month's rent per rental unit paid by the property owner upon approval of the lease agreement by the Director. In addition, a $50.00 fee will be paid by the property owner per rental unit at the time of recertification of the tenant.