The purpose of the Affordable Housing (AHD)
District is to provide the opportunity within certain areas of the
Town for the development of high-density housing for families of moderate
income; and further, to do so with sensitivity to the historic and
aesthetic character of the Town's existing neighborhoods. Towards
that end, the Planning Board shall have the authority to amend certain
setback and other specifications in order to ensure cost efficiencies
and design that furthers the Town's goals of providing quality workforce
housing. Homes located within the Affordable Housing District are
intended to be affordable in perpetuity. The amendments set forth
in Local Law No. 13-2004 apply only to development in an AHD District
after June 1, 2004.
[Amended 8-12-2008 by L.L. No. 9-2008; 8-26-2014 by L.L. No.
10-2014]
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any word or term not noted below shall be used with a meaning as defined
in Webster's Third New International Dictionary of the English Language,
unabridged (or latest edition).
ASSET
Includes real property holdings and equity, personal property
(car, boat, etc.) valued in excess of $10,000, savings, cash, IRAs,
401k, and any federally recognized tax-deferred vehicles.
CONSUMER PRICE INDEX
The consumer price index as published by the United States
Department of Labor, Bureau of Labor Statistics, for the New York
Metropolitan area.
CONVEYANCE
The transfer or transfers of any interest in real property
by any method, including but not limited to, sale, exchange, assignment,
surrender, mortgage foreclosure, transfer in lieu of foreclosure,
option, trust indenture, taking by eminent domain, conveyance upon
liquidation or by a receiver, or transfer or acquisition of a controlling
interest in any entity with an interest in real property. Notwithstanding
the foregoing, conveyance of real property shall not include a conveyance
made pursuant to devise, bequest or inheritance; the creation, modification,
extension, spreading, severance, consolidation, assignment, transfer,
release or satisfaction of a mortgage; a mortgage subordination agreement,
a mortgage severance agreement or an instrument given to perfect or
correct a recorded mortgage; or a release of lien of tax pursuant
to this article or the Internal Revenue Code.
GOVERNMENT LIAISON OFFICER
The Government Liaison Officer or other employee of the Town
as designated by the Town Board who is responsible for the development,
implementation and coordination of the housing registry and affordable
housing initiatives for the Town of Southold.
[Added 5-3-2016 by L.L.
No. 4-2016; amended 8-23-2016 by L.L. No. 7-2016]
HEAD OF HOUSEHOLD
The adult member of the family who is the head of the household
for purposes of determining income eligibility and rent.
HOUSEHOLD
The family and live-in aide, if applicable.
MODERATE-INCOME FAMILY
A family registered with the Town of Southold Housing Registry
whose aggregate annual income, including the total of all current
annual income of all family members (excluding the earnings of working
family members under age 18) from any source whatsoever at the time
of application for the purchase or lease of an affordable housing
unit or the purchase of an unimproved affordable lot, does not exceed
120% of the HUD median income for the County of Suffolk.
MODERATE-INCOME FAMILY DWELLING UNIT
A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in §
280-30D hereof.
MODERATE-INCOME FAMILY UNIMPROVED LOT
An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price does not exceed the maximum sales price set forth in §
280-30D hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line.
NET WORTH
The net worth of an applicant shall include all liquid assets
less debt. Liquid assets shall not include sheltered assets, trusts,
individual retirement accounts (IRAs), 401ks and all other federally
recognized tax-deferred vehicles.
PERMANENT FIXED IMPROVEMENT
An improvement to a lot or a moderate-income family dwelling
unit which cannot be removed and which provides value to the property
above and beyond repairs done to maintain the property in good condition.
A permanent fixed improvement must be approved in advance of construction
or installation in writing by the Government Liaison Officer.
[Amended 5-3-2016 by L.L.
No. 4-2016; 8-23-2016 by L.L. No. 7-2016]
SPECIAL PROJECTS COORDINATOR
The employee of the Town who is responsible for the development,
implementation and coordination of the housing registry and affordable
housing initiatives for the Town of Southold.
[Amended 8-23-2016 by L.L. No. 7-2016]
AHD Districts shall be established by the Town Board on parcels
of land that have been identified through the accepted principles
of Smart Growth planning as being appropriate and desirable locations
for affordable housing. Such locations include, but are not limited
to: land within Hamlet Locus Zones, as may be determined by the Town
Board; land within walking distance of services, shops, schools, and
public transportation; land that adjoins existing centers of business
and residential development (as opposed to land adjoining farm and
open fields); and other locations where the project has been shown
to meet a demonstrable need. AHD Districts shall be designated by
Town Board resolution after a public hearing thereon, upon 10 days'
notice thereof by publication in the official Town newspapers.
[Amended 8-26-2014 by L.L. No. 10-2014; 5-3-2016 by L.L. No. 4-2016]
In the AHD District, no building or premises shall be used and
no building or part of a building shall be erected or altered which
is arranged, intended or designed to be used, in whole or in part,
for any use except the following:
A. Permitted uses.
(1) Owner-occupied moderate-income family dwelling unit ("MIFDU"), in
accordance with the following requirements:
(a)
An owner-occupied MIFDU shall not be leased, except one time
for up to a two-year term, subject to the written approval of the
Government Liaison Officer.
(b)
Owner-occupied MIFDUs may either be attached or detached, or
any combination thereof.
(2) Tenant-occupied MIFDU, in accordance with the following requirements:
(a)
A tenant-occupied MIFDU must be leased for a term of not less
than one year.
(b)
Tenant-occupied MIFDUs may either be attached or detached, or
any combination thereof.
B. Accessory uses.
(2) Accessory apartments are permitted only within owner-occupied MIFDUs, subject to the written approval of the Government Liaison Officer, the issuance of a rental permit in accordance with §
280-13D and the following conditions:
(a)
The accessory apartment shall be located within the MIFDU.
(b)
Only one accessory apartment shall be permitted in a MIFDU.
(c)
The owner shall occupy either the principal dwelling or the
accessory apartment as the owner's primary residence.
(d)
The accessory apartment shall only be occupied by an eligible family or individual as defined by §
280-30C.
(e)
The term of the lease for an accessory apartment shall be at
least one year.
(f)
The accessory apartment shall be at least 350 square feet and
shall not exceed a square footage equal to one half of the total square
footage of the MIFDU.
(g)
The accessory apartment shall have only one bathroom.
(h)
A minimum of one off-street parking space shall be provided.
(i)
Not more than 50% of the dwelling units in an approved affordable
housing district shall have accessory apartments.
[Amended 8-26-2014 by L.L. No. 10-2014; 8-23-2016 by L.L. No. 7-2016]
A. No building or premises shall be used and no building or part thereof
shall be erected or altered in the AHD District unless the same conforms
to the following Bulk, Area and Parking Schedule:
|
Bulk, Area and Parking Schedule
|
---|
|
Minimum Requirements
|
MIFDU Owner-Occupied
|
MIFDU Tenant-Occupied
|
---|
|
Total lot area (square feet)
|
10,000
|
10,000
|
|
Lot width (feet)
|
80
|
80
|
|
Lot depth (feet)
|
100
|
100
|
|
Front yard (feet)
|
35
|
35
|
|
1 side yard (feet)
|
15
|
15
|
|
Both side yards (feet)
|
25
|
25
|
|
Rear yard (feet)
|
35
|
35
|
|
Minimum livable floor area (square feet per dwelling unit)
|
850
|
450
|
|
Off-street parking spaces (per dwelling unit)
|
2
|
2
|
|
Land area for yield (square feet per dwelling unit)
|
10,000
|
10,000
|
|
MIFDU tenant-occupied dwelling units less than 850 square feet
|
|
3,300
|
C. Authority to amend requirements and specifications.
(1) The Planning Board shall have the authority to reduce or amend yard
setback requirements, lot dimension requirements, parking requirements,
and highway specifications. In making this decision, the Planning
Board shall take into consideration the benefit to the applicant,
as weighed against the detriment to the health, safety and welfare
of the neighborhood or community. In making such determination, the
Planning Board shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by the granting of the amendments;
(b)
Whether the benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than the
sought variance;
(c)
Whether the variance is substantial;
(d)
Whether the proposed variance will have an adverse effect or
impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created, which shall
be relevant to the decision but shall not necessarily preclude the
proposed amendment or variance.
(2) This provision supersedes and amends New York State Town Law §§ 267,
267-a, 267-b and 267-c insofar as these sections give such authority
to the Zoning Board of Appeals. Any amendment to highway specifications
shall meet with the approval of the Highway Superintendent.
[Amended 5-3-2016 by L.L.
No. 4-2016]
A. General duties of Government Liaison Officer.
(1) The Government Liaison Officer shall be responsible for the administration
of dwelling units and unimproved lots reserved for moderate-income
families in all AHD Districts pursuant to the provisions of this article.
(2) The Government Liaison Officer shall promulgate and maintain information
and documentation of all dwelling units and unimproved lots reserved
for moderate-income families in all AHD Districts; the number thereof
available for sale or lease at all times; the sales prices and monthly
rent for such dwelling units and lots; and the names and addresses
of eligible families desiring to purchase or lease the same, together
with a priority list of such families. The Government Liaison Officer
shall maintain such other records and documents as shall be required
to properly administer the provisions of this article.
B. Interagency cooperation.
(1) Whenever the Town Board approves the establishment of an AHD District,
a copy of such determination shall be filed with the Building Inspector
and the Government Liaison Officer, together with a copy of any agreements
and/or covenants relating thereto.
(2) Whenever the Planning Board approves a subdivision plat and/or a
site plan affecting land within an AHD District, a copy thereof shall
be filed with the Building Inspector and the Government Liaison Officer,
together with copies of any agreements and/or covenants relating thereto.
(3) Whenever the Building Inspector shall issue a building permit, a
certificate of occupancy or any other permit or authorization affecting
dwelling units and/or unimproved lots located in an AHD District and
reserved for sale or lease to moderate-income families, a copy thereof
shall be filed with the Government Liaison Officer.
C. Procedure.
(1) Whenever the Building Inspector receives an application for a building
permit or a certificate of occupancy for a dwelling unit or unimproved
lot located in an AHD District and reserved for sale or lease to moderate-income
families, the Building Inspector shall file a copy thereof with the
Government Liaison Officer, who shall inform the owner and/or person
filing such application of the maximum sales price or monthly rent
for such dwelling unit or lot as well as eligibility requirements
for families seeking to purchase or lease such dwelling units or lots.
(2) No building permit or certificate of occupancy may be issued by the
Building Inspector until the Government Liaison Officer has supplied
the Building Inspector with the information provided for in the preceding
subsection and the Building Inspector determines that the issuance
of the building permit or certificate of occupancy will not permit
a use, occupancy, sale or lease of a dwelling unit or unimproved lot
in violation of the provisions of this article.
(3) The Government Liaison Officer shall certify the eligibility of all
applicants for lease or purchase of dwelling units and unimproved
lots reserved for moderate-income families. An owner of dwelling units
and unimproved lots in an AHD District which are reserved for sale
or lease to moderate-income families shall not sell or lease the same
to any person who does not possess a certificate of eligibility issued
by the Government Liaison Officer. A violation of the provisions of
this subsection shall constitute grounds for the revocation of a certificate
of occupancy.
(4) On or before March 31 of each year, the Government Liaison Officer
shall notify the owner or manager of dwelling units and unimproved
lots reserved for moderate-income families of the monthly rent, sales
price and income eligibility requirements for such units and lots
based upon data derived from the preceding year.
(5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Government Liaison Officer on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this article and Chapter
280 of the Town Code.
(6) When a dwelling unit reserved for lease to moderate-income families
is to be rented, the lease for such unit shall not exceed a term of
two years.
(7) An applicant for a certificate of eligibility aggrieved by any determination
of the Government Liaison Officer shall have the right to appeal such
determination to the Town Board at its next regularly scheduled work
session or to any standing committee of the Town Board designated
by resolution to hear such appeals.
(8) The only covenants and restrictions which may even be placed upon
any lot or dwelling unit in an AHD District must be first approved
by action of the Town Board.
All of the provisions of the Code of the Town
of Southold not inconsistent or in conflict with the provisions of
this article shall be applicable in the AHD District.
[Added 6-20-2006 by L.L. No. 10-2006]
A. A dwelling unit and premises created in the AHD Zoning
District after January 1, 2006, shall be maintained in accordance
with the provisions of the Property Maintenance Code of New York State.
B. Failure to comply with this section shall be a violation
punishable by a fine of not less than $250 and not more than $1,000.
[Amended 8-24-1993 by L.L. No. 18-1993; 6-2-2009 by L.L. No.
7-2009]
Any violation of any provision of this article
shall be punishable in the following manner:
A. First offense: by a fine of not less than $1,000 nor
more than $5,000.
B. Second offense and for any offense thereafter: by
a fine of not less than $5,000 and not more than $10,000 for each
offense.
C. Any offense under this article may be punishable by
revocation of an existing certificate of occupancy.
D. Any individual who has violated covenants and resolutions
imposed pursuant to this article shall be prohibited from further
participation in ownership opportunities and benefits within an approved
AHD District.