[HISTORY: Adopted by the Town Board of the
Town of Southampton 3-27-1984 by L.L. No. 3-1984; amended in its entirety 12-13-2005 by L.L. No.
65-2005.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Housing Office — See Ch. 30.
Building construction — See Ch. 123.
Zoning — See Ch. 330.
[1]
Editor's Note: This local law stated that
its provisions would apply to those units receiving a certificate
of occupancy or a renewed certificate of occupancy subsequent to the
effective date of this law.
The Town notes that references in this chapter
to Senior Citizen Planned Residential District (SCPRDD) and site plan/special
exception use for Multifamily Residential Development (MFRD) are to
sections which are under consideration by the Town Board but have
not been adopted as of this date.
A.
The purpose of this chapter is to establish a Town of Southampton Community Housing Opportunity Fund ("Community Housing Opportunity Fund" or CHOF) and to provide for administration and control of community housing opportunities, community benefit units and other resources created through the fund and/or pursuant to various provisions of Chapter 330, Zoning, of the Town of Southampton.
B.
The Town of Southampton Community Housing Opportunity
Fund is intended to provide the Town with a mechanism for funding
and creating housing opportunities for families and individuals who
are residents of the Town of Southampton and/or employed in the Town
of Southampton who cannot procure affordable housing within the Town.
C.
Affordable housing is critical. Regional employers
grapple with the task of hiring and retaining employees because of
the limited availability of affordable housing. Recruiting and retaining
essential personnel (e.g., public safety, health care, municipal employees,
volunteer EMS, and fire protection) has become increasingly challenging
because of the lack of affordable housing. Volunteer emergency services
also are impacted by the lack of affordable housing, prompting the
possibility of paid services. While the Town has benefited from increased
tourism and second home ownership, the Town Board now finds there
is a need to ensure housing opportunities for income-eligible households
in order to sustain the local economy and community services. Presently,
income-eligible households priced out of market-rate housing include
health-care professionals, teachers, municipal staff, shop clerks,
mechanics, and many others. Additionally, the Town has found that
there is a need to sustain the ranks of its volunteers who provide
critical public-safety services for fire protection and emergency
medical services. The Town Board has also found that it has a substantial
demographic cohort of persons aged over 55 years, and given present
economic factors the Town Board has deemed it necessary to provide
for affordable senior housing within the Town.
D.
The purpose of this chapter is to streamline and clarify
the procedures for creating, obtaining and transferring affordable
housing and to provide financial support for the Town of Southampton
Housing Authority and other program needs subject to Town Board approval,
via budget appropriations from the Community Housing Opportunity Fund.
[Amended 8-12-2008 by L.L. No. 49-2008]
As used in this chapter, the following terms
shall have the meanings indicated:
As defined in § 330-5 of the Town Code.
A recorded restriction imposed on real property reserved
for income-eligible households that limits any windfall profits upon
resale of the real property and ensures long-term affordability.
For purposes of this chapter, community benefit housing located
in the Town of Southampton that is subject to an affordability restrictive
covenant, as defined herein, to ensure occupancy by households meeting
income limitations. See "low-moderate-income household" and "middle-income
household."
[Amended 2-27-2018 by L.L. No. 5-2018]
As defined in § 330-5 of the Town Code.
As defined in § 330-5 of the Town Code.
The difference between the original market value of the unit
based upon the Town's appraisal and the sales price or market value
at the time of resale less the cost of any permanent improvements.
[Amended 2-27-2018 by L.L. No. 5-2018]
A lien on a housing unit calculated by the difference between
the original purchase price of the housing unit paid by the buyer
and the Town's appraisal of the fair market value of the housing unit
at the time of sale.[1]
The Consumer Price Index as published by the United States
Department of Labor, Bureau of Labor Statistics for the New York Metropolitan
Area.
Housing unit(s) which is (are) intended to provide a long-term
benefit to the community as an affordable housing unit(s) for income-eligible
households.
Owner-occupied housing for households whose incomes are not
sufficient, pursuant to banking industry standards, to induce private
lenders to finance the costs of acquisition of a home with a value
at or less than median housing value in the particular hamlet area
or census tract, without benefit of subsidies or special financing
programs from the Town.
The Town of Southampton Housing Commission established pursuant
to this chapter of the Town Code.
[Amended 8-12-2008 by L.L. No. 49-2008]
Generally, defined as below-market-rate housing.
The revolving fund established by the Town Board, pursuant to this chapter and Chapter 8, Budget, to facilitate community housing opportunities.
The Southampton Town Community Housing Land Trust, a private
nonprofit corporation.
The list maintained by the Department of Land Management
of units reserved for income-eligible households. Said inventory of
community housing units shall be listed on a community planning area
basis or by hamlet, with respective school districts and pertinent
property information identified.
[Amended 8-12-2008 by L.L. No. 49-2008]
A non-profit corporation created to acquire and hold land
for the benefit of a community and provide affordable access to land
and housing for community residents. In particular, the CLT attempts
to meet the needs of residents least served by the prevailing market.
The Community Land Trust helps the community keep housing affordable
for future residents and capture the value of public investment for
long-term community benefit.
The value of a housing unit which is a calculation of the
average of the Town's appraisal of such unit and the owner's private
appraisal of such unit.[2]
As defined in § 330-5 of the Town Code.
A homeowner displaced by a hurricane, flood or tornado whose
primary residence has been rendered uninhabitable, as determined by
the Suffolk County Department of Health Services, and:
[Amended 11-13-2012 by L.L. No. 14-2012]
Who had no other source of total indemnity for the loss of the
primary residence available to the homeowner from any other federal,
state or county program; and
Who meets the asset limitation policy of net assets that are
less than 25% of a current, fully constructed appraised value of the
housing unit after deducting the downpayment and estimated closing
costs necessary to purchase the unit.
The Southampton Town Housing Authority, a municipal corporation.[4]
The listing, maintained by the Department of Land Management,
of applicants seeking a housing unit reserved for either a low-moderate
income or middle-income household.
[Amended 8-12-2008 by L.L. No. 49-2008; 2-27-2018 by L.L. No. 5-2018]
Those individuals/families whose incomes are classified as
"low-moderate income" or "middle income" as defined by Town Board
resolution adopted annually or at such other additional times as the
Town Board deems appropriate.
[Amended 2-27-2018 by L.L. No. 5-2018]
A written notice, sent certified mail to the Town or its
agent by the owner of a particular housing unit setting forth his/her
desire to locate a buyer for such unit.
A random selection process in connection with community housing
opportunities.[5]
A household, according to the United States Department of
Housing and Urban Development (HUD), whose gross annual income is
less than 80% of the median gross household income for households
of the same size within the housing region in which the housing is
located, or as determined from time to time by Town Board resolution.
[Added 2-27-2018 by L.L.
No. 5-2018]
According to the United States Department of Housing and
Urban Development (HUD), a household whose gross annual income is
greater than 80% but does not exceed 130% of the median gross household
income for households of the same size within the housing region in
which the housing is located, or as determined from time to time by
Town Board resolution.
[Amended 2-27-2018 by L.L. No. 5-2018[6]]
As defined in § 330-5 of the Town Code for "dwelling, multiple."
As defined in § 330-5 of the Town Code.
Additions that provide added value to the property above
and beyond repairs to maintain a property in good condition; for purposes
of this chapter, an improvement to a unit reserved for income-eligible
households which cannot be removed without substantial damage to the
subject premises or total loss of value of said improvements. No adjustment
will be deemed a permanent fixed improvement unless the actual cost
of the improvement to the owner exceeds 1% and is not more than 20%
of the purchase price for the unit paid by the owner. No adjustment
will be made unless valid written documentation of the cost of said
improvement is presented to the Director.
[Amended 2-27-2018 by L.L. No. 5-2018]
An enrolled volunteer who is certified to be so enrolled
for not less than one year by an incorporated volunteer fire company,
fire department or volunteer ambulance service.
An individual who is not age-eligible for senior citizen housing or an age-restricted housing unit but at the time of availability of a community benefit unit has a physical impairment that substantially impairs one or more of his / her major life activities. Such individual shall be eligible for occupancy within an age-restricted unit under other provisions of applicable law governing age-restricted housing, provided that a letter of permission is authorized by the Town, pursuant to § 216-5E. The Town may require proof of disability.
As defined in § 330-5 of the Town Code.
As defined in § 330-5 of the Town Code.
As defined in § 330-5 of the Town Code.
The Town of Southampton.
A dwelling unit, or unimproved lot, the cost of which makes
it available to a low-moderate-income household; rental price and
maximum sales price to be determined by the Department of Land Management
based upon a formula adopted by Town Board resolution at such times
as the Town Board deems appropriate.
[Added 2-27-2018 by L.L.
No. 5-2018]
A dwelling unit, or unimproved lot, the cost of which makes
it available to a middle-income household; rental price and maximum
sales price to be determined by the Department of Land Management
based upon a formula adopted by Town Board resolution at such times
as the Town Board deems appropriate.[8]
[Amended 8-12-2008 by L.L. No. 49-2008]
[1]
Editor's Note: The former definitions of "certificate of
conformity" and "certificate of eligibility," which immediately followed,
were repealed 2-27-2018 by L.L. No. 5-2018.
[2]
Editor's Note: The former definition of "Director
of Housing," which immediately followed, was repealed 8-12-2008 by
L.L. No. 49-2008.
[3]
Editor's Note: The former definition of "eligibility lists,"
as amended, which definition immediately followed, was repealed 2-27-2018
by L.L. No. 5-2018.
[4]
Editor's Note: The former definition of "Housing
Office," which immediately followed, was repealed 8-12-2008 by L.L.
No. 49-2008.
[5]
Editor's Note: The former definitions of "low-income household"
and "median-income household," which immediately followed, were repealed
2-27-2018 by L.L. No. 5-2018.
[6]
Editor's Note: This local law also repealed the former definition
of "moderate-income household," which immediately followed.
[7]
Editor's Note: The former definition of "unit reserved for
low-income household," as amended, which definition immediately followed,
was repealed 2-27-2018 by L.L. No. 5-2018.
[8]
Editor's Note: The former definition of "unit reserved for
moderate-income household," as amended, which definition immediately
followed, was repealed 2-27-2018 by L.L. No. 5-2018.
A.
Interagency cooperation for community housing opportunities created pursuant to Chapter 330, Zoning, of the Town Code.
[Amended 8-12-2008 by L.L. No. 49-2008]
(1)
When the Town Board approves any of the following
types of floating zone designations or amendments to the Town Zoning
Map, notification will be given to the Department of Land Management,
together with any covenants or agreements filed in connection with
said development:
(2)
Whenever the Town Board approves any of the following
types of transfer of development rights applications, notification
will be given to the Department of Land Management, together with
any covenants or agreements filed in connection with said project
relating to the development:
(3)
When the Planning Board approves any of the following
types of applications, notification will be given to the Department
of Land Management, together with any covenants or agreements filed
in connection with said development:
(g)
Site plan for increased residential density housing development for a bona fide nonprofit corporation to establish low- and lower-middle-income housing inventory pursuant to § 330-8.
(h)
Site plan / special exception use permit for Multifamily Residential Development (MFRD) pursuant to § 330-138.
(i)
Site plan / special exception use permit for a three-family house or four-family house, pursuant to § 330-162.19.
(4)
Whenever the Building Department approves any of the
following types of applications, notification will be given to the
Department of Land Management, together with any covenant or agreement
affecting the dwelling unit or units:
B.
Priority review for housing opportunities created pursuant to Chapter 330, Zoning, of the Town Code.
(1)
Whenever the Town Board refers an application for
any of the following types of floating zone designations or amendments
to the Town Zoning Map to the Planning Board for review and report,
the Planning Board will assign a first-priority status to the application
to be reviewed by the Planning Board in the performance of its duties.
Such applications will retain first-priority status for as long as
there is compliance with all sections of this Code through the approval
process, including resubmissions and revisions and if, in the opinion
of the Planning Board, the applicant continues to apply a good-faith
diligent effort to prepare, submit and process the application. Should
the application no longer comply with the sections cited herein or,
in the opinion of the Planning Board, the applicant is not applying
in a good-faith effort with respect to this Code, a normal priority
shall be reassigned to the applications by a written resolution of
the Planning Board.
(2)
Whenever the Planning Board receives an application
for any of the following types of applications, the Planning Board
will assign a first-priority status to the application to be reviewed
by the Planning Board in the performance of its duties. Such applications
will retain first-priority status for as long as there is compliance
with all sections of this Code through the approval process, including
resubmissions and revisions and if, in the opinion of the Planning
Board, the applicant continues to apply a good-faith diligent effort
to prepare, submit and process the application. Should the application
no longer comply with the sections cited herein or, in the opinion
of the Planning Board, the applicant is not applying in a good-faith
effort with respect to this Code, a normal priority shall be reassigned
to the applications by a written resolution of the Planning Board.
(c)
Site plan / special exception use permit for three-family house or four-family house, pursuant to § 330-162.19, proposed with units reserved for income-eligible households.
B.
The Town will promulgate all rules and regulations, including model agreements and forms, necessary to implement this chapter and the provisions of Chapter 330, Zoning, pertaining to affordable housing or community benefit units.
D.
The Town will cause to be prepared and will maintain a community housing unit inventory, as defined in § 216-2, of all units reserved for income-eligible households.
E.
Priority households.
(1)
To the extent permitted by law and federal, state,
and county programs, priority for non-age-restricted affordable housing
opportunities is as follows:
[Amended 11-13-2012 by L.L. No. 14-2012]
(a)
Income-eligible households residing year-round in the Town of Southampton in which at least one adult member is a qualified active member of fire / EMS volunteer community services in the Town, as defined in § 216-2. Higher priority will be given to households residing in the school district in which a particular housing unit is located.
(b)
Income-eligible households residing year-round
in the Town in which one adult family member is an honorably discharged
veteran of the United States Armed Forces.
(c)
Income-eligible homeowners displaced by natural disasters consistent with the definition provided in § 216-2 of this chapter who live or work in the Town of Southampton.
(d)
Income-eligible households residing year-round
in the Town of Southampton. Higher priority will be given to such
households residing in the school district in which a particular housing
unit is located.
(e)
Income-eligible households residing year-round
outside of the Town of Southampton but in which an adult member works
at a location physically within the Town. A higher priority will be
given to those households in which at least one adult family member
is currently employed by the Town of Southampton.
(f)
Income-eligible households an adult member of
which previously resided year-round in the Town of Southampton.
(g)
Income-eligible homeowners displaced by natural disasters consistent with the definition provided in § 216-2 of this chapter who live or work in the County of Suffolk.
(h)
All others.
(2)
To the extent permitted by law and federal, state,
and county programs, the priority population for age-restricted housing
opportunities is as follows:
[Amended 11-13-2012 by L.L. No. 14-2012]
(a)
Income-eligible households residing year-round in the Town of Southampton in which at least one adult member is a qualified active member of fire / EMS volunteer community services in the Town, as defined in § 216-2. A higher priority will be given to those households residing in the subject school district in which a particular housing unit is located.
(b)
Income-eligible households residing year-round
in the Town in which one adult family member is an honorably discharged
veteran of the United States Armed Forces.
(c)
Income-eligible homeowners displaced by natural disasters consistent with the definition provided in § 216-2 of this chapter who live or work in the Town of Southampton.
(d)
Income-eligible households residing year-round
in the Town of Southampton. A higher priority shall be given to households
currently residing in the school district in which the particular
housing unit is located.
(e)
Income-eligible households residing outside of the Town in which an adult child or adult grandchild who is a caregiver to the income-eligible /age-eligible individual resides in the Town of Southampton. Higher priority will be given if the child or grandchild is a qualified active member of fire / EMS volunteer community services in the Town, as defined in § 216-2.
(f)
Income-eligible households who reside outside
of the Town of Southampton but in which at least one adult member
works at a location physically within the Town. A higher priority
will be given to those households in which at least one adult member
is currently employed by the Town of Southampton.
(g)
Income-eligible households an adult member of
which previously resided year-round in the Town of Southampton.
F.
New York
State General Municipal Law § 72-h transfer program. Where
designated uninhabitable improved parcels and vacant parcels are
transferred by the County of Suffolk to the Town, or other not-for-profit
housing organizations, for nominal consideration and constructed and/or
reconstructed for affordable housing purposes, the following additional
standards shall apply:
[Added 6-9-2009 by L.L. No. 24-2009[2]]
(1)
Priority shall be given to income-eligible military veterans prior to any lottery system, consistent with the terms of Article 36 of the Suffolk County Administrative Code and § 216-5A(5)(e) herein. Income-eligible military veterans shall have served during expeditionary service in a theatre of conflict in Iraq or Afghanistan, as verified by the United States Department of Veterans’ Affairs and the Director of Human Services, subject to the following:
[Amended 2-27-2018 by L.L. No. 5-2018]
(a)
The United States Department of Veterans’ Affairs, together
with the Director of Housing, shall verify that an applicant possesses
a form DD-214 to verify honorable service and one or more of the following
awards/medals in order to qualify under this section:
[1]
Afghanistan Campaign Medal;
[2]
Iraq Campaign Medal;
[3]
Global War on Terrorism Expeditionary Medal;
[4]
Navy Expeditionary Medal (Iraq or Afghanistan);
[5]
Marine Corps Expeditionary Medal (Iraq or Afghanistan);
[6]
Combat Action Ribbon;
[7]
Combat Action Badge;
[8]
Combat Medical Badge;
[9]
Purple Heart Medal; and
[10]
Silver Star Medal.
(2)
Prior to any lottery system, priority shall be given to income-eligible homeowners displaced by natural disasters consistent with the definition provided in § 216-2 of this chapter who live or work in the Town of Southampton.
[Added 11-13-2012 by L.L. No. 14-2012[3]]
[3]
Editor's Note: This local law also provided for the renumbering
of former Subsection F(2) and (3) as Subsection F(3) and (4), respectively.
(3)
Units constructed and/or reconstructed on a parcel transferred pursuant to this Subsection F, to wit, the §72-h program, shall be constructed or reconstructed, as the case may be, using universal design features in compliance with Article IV, Universal Design, of Chapter 123, Building Construction, of the Town Code.
(4)
Each developer constructing and/or reconstructing units on a parcel transferred pursuant to the §72-h program shall submit written assurance to the Department of Land Management that construction activities will be provided in compliance with Article IV, Universal Design, of Chapter 123, Building Construction, of the Town Code.
G.
In instances where the conditions of any grant or
federal, state or county regulations require eligibility priorities
and restrictions different from the restrictions set forth in this
chapter, the Town shall accept same.
[Amended 2-27-2018 by L.L. No. 5-2018[4]]
[4]
Editor's Note: This local law also repealed former Subsections
G, H (as amended), I and K (as amended), regarding eligibility preferences,
and redesignated former Subsection J as Subsection G.
A.
Lottery required for
[Amended 7-8-2008 by L.L.
No. 41-2008; 8-12-2008 by L.L. No. 49-2008; 2-27-2018 by L.L. No. 5-2018]
(1)
The following types of housing developments require a housing lottery to ensure a random selection process for newly constructed community benefit units reserved for income-eligible households. All administrative costs associated with using a qualified and Town-approved entity to screen applicants, conduct the lottery process and file any and all required documents, pursuant to Chapter 216 of the Town Code, shall be the responsibility of the project developer unless, for a not-for-profit developer, waived by resolution of the Town Board and absorbed as a Town cost.
(f)
Site plan / special exception use permit for multifamily residential development (MFRD) pursuant to § 330-138.
(g)
Dwelling units for sale within the context of
a two-family house, three-family house, or four-family house on a
single and separate parcel in permitted zoning districts.
(2)
The Town or its agent will develop procedures for housing lotteries for the aforementioned newly constructed community benefit units or new community housing opportunities listed in § 216-5A(1) or facilitated by the Community Housing Opportunity Fund. To the extent practicable, such lottery procedures will be consistent with those promulgated by the New York State Affordable Housing Corporation, its successors and assigns.
(3)
Certificates of occupancy.
(a)
Certificates of occupancy (C.O.s) for the housing developments listed in § 216-5A(1) above will not be issued by the Building Inspector until the housing lottery is conducted for the units reserved for income-eligible households.
(b)
Notwithstanding the foregoing, however, prior
to the lottery, the Planning Board may authorize the Building Inspector
to issue C.O.s for up to 20% of the market-rate units within a particular
development upon request by an owner / manager to the Building Inspector
and provided that the Building Inspector makes a referral to the Planning
Board which consents and files its decision, in writing, to the Building
Inspector and the Department of Land Management.
[Amended 8-12-2008 by L.L. No. 49-2008]
(c)
In the event that a building permit has been issued for a newly constructed community benefit unit, the Town shall locate a qualified buyer ready, willing and able to contract for the purchase of such unit by the time of issuance of a certificate of occupancy. Should the Town be unable to locate a qualified buyer, the Town may opt to purchase the unit pursuant to the procedures set forth in § 216-5J(1)(b).
[Added 7-8-2008 by L.L. No. 41-2008]
(4)
(a)
Accessory apartments in residential districts;
(b)
Efficiency units in residential districts;
(c)
Apartments in business districts;
(d)
Dwelling units for rent within the context of
a two-family house, three-family house, or four-family house on a
single and separate parcel in the permitted zoning districts;
(e)
Carriage houses.
(5)
Community benefit units reserved for income-eligible
households which are not subject to the aforementioned housing lottery
requirements will be made available to persons on the housing registry
lists maintained by the Department of Land Management as follows:
(a)
The occupant is the owner or relative of the
owner;
(b)
The occupant is a qualified active member of
a volunteer fire department or ambulance corps;
(c)
The occupant is employed by the Town of Southampton;
(d)
The occupant is employed at a location physically
within the Town of Southampton;
(e)
Where a unit is reserved for low-, moderate-income
or middle-income households or senior citizen housing and restricted
pursuant to a grant or subsidy from the federal government, State
of New York or other municipal agency to provide low-, moderate-income
or middle-income housing opportunities consistent with the intent
of this chapter, the Town shall accept such eligibility priorities
and restrictions in lieu of the restrictions set forth in this chapter.
B.
Establishment of initial sales price or rental price
for newly constructed community benefit units reserved for income-eligible
households.
[Amended 8-12-2008 by L.L. No. 49-2008; 2-27-2018 by L.L. No. 5-2018]
(1)
Upon
receipt of an application for the issuance of a certificate of occupancy
for a newly constructed community benefit unit reserved for an income-eligible
household, or earlier if requested by the owner, but not prior to
the issuance of a building permit, the Building Inspector will send
a copy of the application to the Department of Land Management, which
will inform the owner, in writing, within 30 days of receipt by the
Department of Land Management of the maximum monthly rent or initial
maximum sales price for the dwelling unit and the maximum household
income for eligibility, for low-moderate-income or middle-income households,
based upon a formula set forth in the Town Code or adopted by Town
Board resolution.
(2)
To the extent practicable, units reserved for income-eligible
households will meet or exceed the following minimum dwelling unit
size to accommodate household or family size:
|
Household or Family Size
|
Minimum Dwelling Unit Size
| |
|---|---|---|
|
1
|
Efficiency unit
| |
|
2
|
1-bedroom
| |
|
3
|
2-bedroom
| |
|
5
|
3-bedroom
| |
|
6
|
3-bedroom
| |
|
9
|
4-bedroom
|
|
Note: The table above shall be used solely to
determine maximum monthly rent or initial maximum monthly rent or
initial maximum sales price and shall not be construed as a limitation
on occupancy.
|
(3)
Buyer benefit. At the time of initial purchase, the Town will obtain,
at its own cost, an appraisal of each unit reserved for income-eligible
households to determine its fair market value. The difference between
such appraised value and the purchase price shall be referred to as
the "buyer benefit." The Town will place a lien in the amount of the
buyer benefit on the unit. All necessary duly executed documents shall
be delivered at closing in accordance with guidelines developed by
the Town or its agents and applicable banking regulations.
C.
Application; ongoing monitoring.
[Amended 2-27-2018 by L.L. No. 5-2018]
(1)
Eligibility.
(a)
The
Town or its agents will have the responsibility to certify the eligibility
of all applicants for units reserved for income-eligible households.
(b)
The
eligibility of a purchaser is to be certified prior to closing of
title. No closing of a community benefit unit may take place unless
eligibility is certified prior to closing of title.
(2)
In the event of misrepresentation or fraud in an application for a community benefit unit, or violations of this Chapter 216 and the procedures adopted by the Town Board pursuant thereto, the Town and its agents may, without limitation, pursue all criminal, administrative and civil remedies, including, but not limited to, eviction, forfeiture and revocation of the certificate of occupancy.
(3)
Ongoing monitoring requirements; owner certification.
(a)
Rental units reserved for income-eligible households. In the case of rental units reserved for income-eligible households, the Town or its agent shall annually reexamine or cause to be reexamined the eligibility of each rental occupant household and conformity to affordability restrictive covenants; Chapter 330, Zoning; and this chapter by occupants of community benefit units.
[1]
On or before March 31 of each year, the Town
or its agent shall notify the owner or manager of rental units reserved
for income-eligible households, in writing, as to the rent and income
eligibility requirements for such units based upon figures derived
from the preceding year, in accordance with this chapter, unless otherwise
provided for under applicable statute, local law, ordinance, or regulation
for a particular development.
[2]
Owner certification. The owner or manager of rental units reserved for income-eligible households shall certify, in writing, to the Town or its agent, on or before May 31 of each year, that all rental units comply with the provisions of this chapter and Chapter 330, Zoning.
[a]
Owner certification shall be in affidavit form
and approved as to form by the Town Attorney.
[b]
Tenant certification. From time to time, the
Town or its agent shall have the authority to recertify tenants as
to their income-eligibility and conformity with the provisions of
this chapter and the affordability restrictive covenant.
[c]
The Town or its agent shall file with the Town
Attorney a list of owners or managers of record of said rental units
who have failed to respond to said owner certification, with corresponding
mailing addresses and street addresses of real property encumbered
with an affordability restrictive covenant, for further inquiry. The
Town Attorney shall have the authority to enforce the provisions of
this chapter.
(b)
Ownership units reserved for income-eligible
households. In the case of ownership units reserved for income-eligible
households, the Town or its agent shall confirm occupancy and other
provisions of the affordability restrictive covenant and the provisions
of this chapter as follows:
[1]
On or before March 31 of each year, the Town or its agent shall submit a written request, approved to form by the Town Attorney, to the owner-occupants of units reserved for income-eligible households, concerning compliance with applicable provisions of Chapter 216, Chapter 330, and restrictive covenants governing occupancy restrictions.
[2]
On or before May 31 of each year, the owner-occupant
shall be required to return the written documentation to the Town
or its agent indicating compliance with the provisions of this chapter
and the restrictive covenants.
[3]
The Town or its agent shall file with the Town
Attorney a list of owners or managers of record for said ownership
units who have failed to respond to said owner certification, with
corresponding mailing addresses and street addresses of real property
encumbered with an affordability restrictive covenant, for further
inquiry. The Town Attorney shall have the authority to enforce the
provisions of this chapter.
[4]
The Town or its agent shall confirm compliance
with occupancy restrictions upon resale or transfer of the community
benefit unit.
D.
Additional standards for unimproved lots.
(1)
Where a developer executes an agreement with the Town to provide unimproved lots for income-eligible households, no contract of sale for said unimproved lots shall be executed nor shall any conveyance be completed until the eligibility of the proposed contract vendee has been certified by the Department of Land Management. A copy of the contract of sale, the deed and all instruments relating to the conveyance of title shall be filed with the Department of Land Management. A certification issued by the Department of Land Management is required for all sales and transfers to confirm that sale prices and transfers, as the case may be, are in conformity with the provisions of Chapter 216 of the Town Code of the Town of Southampton.
[Amended 8-12-2008 by L.L. No. 49-2008; 2-27-2018 by L.L. No. 5-2018]
(2)
An unimproved lot reserved for income-eligible households
may be offered for resale only to individuals who meet the applicable
eligibility requirements or to a developer who will build a dwelling
unit for resale in accordance with the provisions of this chapter.
(3)
Where an owner has improved the lot with a dwelling unit, the resale price and rental rate if any, shall be governed by the provisions of § 216-5J of this chapter.
[Amended 2-27-2018 by L.L. No. 5-2018]
(4)
Where the owner of an unimproved lot reserved for
income-eligible households receives a grant or subsidy from the federal
government, State of New York or other municipal agency to provide
housing for income-eligible households consistent with the intent
of this chapter, the Town may accept such restrictions that may be
imposed by said agency in lieu of the restrictions set forth in this
chapter.
E.
Restrictions on age; senior citizen housing.
[Amended 8-12-2008 by L.L. No. 49-2008]
(1)
The Department of Land Management shall enforce and administer any agreements and covenants entered into between the Town of Southampton and the owner of an age-restricted unit or senior citizen housing project developed pursuant to Article III (Senior Citizen Planned Residential Development SCPRD or its predecessor SC-44) or Article XXVI, Planned Development District, of Chapter 330, Zoning, of this Code and shall ensure that the applicable occupancy restrictions are complied with. Ongoing monitoring requirements are specified in § 216-5C above.
(2)
In no case, shall age-restricted units be occupied by persons not meeting age eligibility restrictions, unless such individual is a spouse or caregiver over the age of 19 years, or is a qualified disabled individual as defined in § 216-2. The Department of Land Management may require proof of disability for persons not meeting age eligibility provisions. The Department of Land Management shall issue letters of permission to such persons not meeting age eligibility restrictions but who, in his or her discretion, qualify for occupancy due to other provisions of applicable law governing senior citizen housing. In no case, however, shall the Department of Land Management permit more than 10% of a particular senior citizen housing development to be occupied by persons not meeting age eligibility restrictions and, in lieu thereof, qualified under other provisions of applicable law concerning persons with disabilities and addressing needs for accessible housing opportunities. Letters of permission issued pursuant to this section shall be maintained and tracked by the Department of Land Management.
[Amended 2-27-2018 by L.L. No. 5-2018]
F.
Restrictions on rentals.
(1)
Unless otherwise prohibited as a condition of approval for the particular development under Chapter 330, Zoning, or within covenants and restrictions associated with the subject property, units reserved for income-eligible households may be rented under the following conditions:
(a)
The apartment or dwelling unit shall remain the primary residence of the low-moderate-income or middle-income household, as the case may be, for the term of the lease, and the occupants shall maintain the subject premises in conformity with Chapter 330, Zoning, and Chapter 261, Property Maintenance.
[Amended 2-27-2018 by L.L. No. 5-2018]
(b)
The apartment or dwelling unit shall not be used or leased as a seasonal rental as the term is defined in Chapter 330, Zoning.
(c)
Where the unit reserved for income-eligible
households is to be rented, the lease for said unit shall not exceed
two years. As long as an occupant household remains eligible and has
complied with the terms of the lease, the occupant shall be offered
a two-year renewal of the lease. If an occupant's annual income shall
exceed the eligible income level by more than 20%, and there is an
eligible applicant for the unit, the occupant household may complete
the current lease term and shall be offered, if available, another
unit for which the occupant household is income-eligible or a unit
which is not a unit reserved for income-eligible households in the
development. If no such dwelling unit is available, the occupant household
may be allowed to sign one additional one-year lease for the unit
reserved for income-eligible households, as the case may be, but no
further renewal shall be permitted.
(d)
In the circumstances referenced in Subsection F(1)(c) above, if such should occur in the same housing complex and another unit is available for which the occupant household is income-eligible (e.g., upgrade from unit reserved for moderate-income to unit reserved for middle-income household), the Department of Land Management shall have the authority to request the Building Inspector to substitute certificates of occupancy for the respective units rather than having an occupant household relocate within the same complex, provided that the units are comparable.
[Amended 8-12-2008 by L.L. No. 49-2008]
(2)
Owner-occupancy restrictions. If the zoning approval
for a particular housing development entailed an owner-occupancy provision
in the enabling legislation permitting zoning incentives and/or in
covenants and restrictions associated with the site plan, such condition
of owner-occupancy restriction shall supersede the provisions of this
chapter.
G.
Distribution of units reserved for income-eligible
households. Units reserved for income-eligible households shall be
physically integrated into the design of the development in a manner
satisfactory to the Planning Board during site plan review and shall
be distributed among efficiency, one-, two-, three- or four-bedroom
dwelling units in the same proportion as all other dwelling units
in the development, unless a different proportion is approved by the
Planning Board as being better related to the housing needs, current
or projected, of the Town based upon recommendations of the Town's
Comprehensive Plan or an Area Study, Hamlet Study, or other planning
study adopted as an update to the Comprehensive Plan.
H.
Use of one-family dwellings; upkeep.
(1)
The occupant household of a community benefit unit
reserved for an income-eligible household shall occupy the premises
as their primary residence and shall not rent or lease the premises
or any portion thereof to others, as an absentee landlord or otherwise.
I.
Permanent fixed improvements.
(1)
For dwelling units reserved for income-eligible households,
the following types of permanent fixed improvements are prohibited
for all units with certificates of occupancy dated subsequent to the
effective date of this chapter:
(2)
Prior to the installation of a permanent fixed improvement consistent with the definition provided in § 216-2 of this chapter, the owner must notify the Town of the proposed permanent fixed improvement, together with an estimate of capital costs. The Town may request input from the Housing Director prior to rendering a determination to approve or disapprove the requested permanent fixed improvement. All records regarding approval or disapproval of permanent fixed improvements for units reserved for income-eligible households shall be maintained by the Department of Land Management. Persons aggrieved by decisions of the Department of Land Management to disapprove a permanent fixed improvement to a dwelling unit reserved for income-eligible households may appeal such decision by application to the Zoning Board of Appeals to determine to approve or disapprove the Department's determination, in its discretion.
[Amended 8-12-2008 by L.L. No. 49-2008; 2-27-2018 by L.L. No. 5-2018]
(3)
For dwelling units reserved for income-eligible households,
expansions of the building footprint may be considered, subject to
approval by the Zoning Board of Appeals under area variance standards.
J.
Procedure for resale of community benefit units.
[Amended 8-12-2008 by L.L. No. 50-2008; 11-28-2017 by L.L. No. 37-2017; 2-27-2018 by L.L. No. 5-2018]
(1)
Resale requirements. The resale of each unit reserved
for income-eligible households shall be subject to the following conditions
and procedures:
(a)
The seller of any such unit shall first give
written notification via certified mail to the Town Clerk of its intention
to sell. Such certified mail shall be addressed to the Town Clerk
at Town Hall, 116 Hampton Road, Southampton, New York 11968 in order
to be sufficient notice.
(b)
Thereafter, upon receipt of such written notification, the Town shall have a right of first refusal to purchase the unit, the procedures for which shall be established by the Town or its agents. Simultaneously, the Town or its agent will seek to provide a purchaser meeting the eligibility requirements of this section. Should the Town choose not to exercise its right, the seller will have the right to convey the property to the purchaser selected by the Town at a price the Town or its agents shall determine. In the event the Town notifies the seller, in writing, that it elects not to purchase the unit or is unable to locate a qualified buyer within 90 days of receipt of the seller's notice set forth in Subsection J(1)(a) above, the seller shall have the right, upon written notification via certified mail from the Town, to sell the unit at market value in accordance with the criteria set forth in Subsection J(1)(c) below. The ninety-day period set forth above shall commence on the first business day after the Town Clerk shall receive said notice. Notice to the seller shall be deemed given by the Town upon deposit of written notice, addressed to the seller, in a United States Post Office depository or at the time of deposit of the written notice, addressed to the seller, into the custody of an overnight delivery service.
(c)
In the event the seller shall be notified of the Town's intent either to purchase or that it has located a qualified buyer, the seller shall convey in accordance with the Town's notice. In the event the Town notifies the seller, as set forth in Subsection J(1)(b) above, in writing, that it elects not to purchase the unit or if the Director or Town notifies the seller, in writing, that he/she is unable to locate a qualified buyer within the time period as outlined in Subsection J(1)(b), the seller shall have the right to sell the unit at market value. Market value shall be determined as follows:
[1]
Two appraisals shall be ordered by the Town, but one of these appraisals shall be paid by the seller. The average of the two appraisals shall be the minimum sales price. The seller of the unit shall receive the sales price minus the following: the buyer benefit lien and the Town's portion of the appreciation as modified by the seller's permanent improvements as set forth in Subsection J(1)(c)[2] below.
[2]
Any appreciation between a unit's market value
at the time of purchase, which for purposes of this computation may
be modified, at the discretion of the Director or designee, by the
cost of any permanent improvements made by seller, which are to be
documented by the seller as adjusted by any changes in the Consumer
Price Index for "all items" for the New York Metropolitan Area from
the time such improvements were affixed to the unit, and its resale
price shall be distributed as follows:
|
Appreciation Distribution Chart
| |||
|---|---|---|---|
|
Year of Resale
|
Percentage to Owner
|
Percentage to Town
| |
|
1st to 5th
|
25%
|
75%
| |
|
6th or beyond
|
50%
|
50%
| |
[a]
In the event a unit shall have depreciated in
value as a result of market conditions or catastrophic loss, the buyer
benefit lien and the Town appreciation benefit may be adjusted by
the Town Board in its discretion.
[b]
All funds received by the Town pursuant to the provisions of this Subsection J(1)(c)[2] above, shall be retained in the Community Housing Opportunity Fund, as a separate revolving account, and shall be expended only for the purposes of providing community benefit units in such manner as shall be determined by the Town Board.
(d)
In the event the owner of such affordable housing
or community benefit unit is in default with respect to any obligation
under any lien encumbering the affordable housing or community benefit
unit, the Town of Southampton shall refer the owner to a third-party
counseling organization or to a mortgage insurer which will advise
the owner on ways to meet his/her mortgage obligation. The owner authorizes
the Town of Southampton to release information to such third-party
counseling organization or mortgage insurer and requests that the
counseling party make contact with such owner. The owner authorizes
the third-party counseling organization or mortgage insurer to make
a recommendation about appropriate action to take with regard to the
owner’s mortgage loan, which may assist the lender in determining
whether to restructure the loan or to offer other extraordinary services
that could preserve the owner’s home ownership.
(e)
The conditions and procedures required to resell
the dwelling units reserved for income-eligible households shall not
apply in the following three instances. For all further and subsequent
transfers of title the resale restriction shall apply.
[1]
When title is transferred by a court-appointed
referee to a commercial bank, savings and loan association, credit
union, savings bank, national bank, licensed funding company, licensed
mortgage banker or the State of New York Mortgage Agency, its successors
and or assigns (hereinafter referred to as "institutional lenders"),
pursuant to the actual foreclosure of their mortgage lien or when
the delivery of the deed is directly to such mortgagee by the defaulting
mortgagor given in lieu of foreclosure; or
[2]
When title is subsequently transferred by said
foreclosing institutional lender to a third party; or
[3]
When title is conveyed to a party by virtue
of a deed issued by a referee naming it as the grantee pursuant to
the foreclosure of a mortgage loan given by an institutional lender
described in the preceding subsection.
K.
Sustainable affordability.
(1)
Unless prohibited by law, all units reserved for income-eligible
households shall be encumbered with an affordability restrictive covenant.
In the event a court of competent jurisdiction invalidates such affordability
restrictive covenant for reason of its duration, then the unit so
reserved for income-eligible households as a community benefit shall
be deemed to be restricted to no less than 99 years and renewable
upon transfer.
(2)
Where a unit reserved for low-moderate income or middle-income
housing is restricted pursuant to a grant or subsidy from the federal
government, State of New York or other municipal agency to provide
low-moderate-income or middle-income housing consistent with the intent
of this chapter, the Town may accept such restrictions in lieu of
the restrictions set forth in this chapter.
[Amended 2-27-2018 by L.L. No. 5-2018]
L.
Certificates of occupancy. All certificates of occupancy issued for dwelling units reserved for income-eligible households shall be endorsed with a notation that occupancy of such units is conditioned upon continued compliance with the provisions of Chapter 216, Housing for Income-Eligible Households; Community Housing Opportunity Fund, Chapter 330, Zoning, and all regulations and conditions promulgated thereunder.
M.
Assessment. The encumbrance of an affordability restrictive
covenant on real property and annotated on certificates of occupancy
for dwelling units reserved for income-eligible households shall be
taken into consideration by the Town Assessor in determining the assessments
on such units.
N.
Fee waiver. Where application is made to the Town Board to re-zone or otherwise approve parcel(s) for the construction of affordable community benefit unit(s) as defined in Chapter 216 herein, all associated fees for the affordable community benefit unit(s) shall be waived. Where the Planning Board is considering a site plan and/or subdivision for the construction of community benefit unit(s) or a single and separate parcel is utilized for the construction of community benefit unit(s) as per Chapter 216 herein, all associated fees of the Town of Southampton for said affordable community benefit unit(s) shall be waived. However, fees may be required for any part or portion of an addition or modification made to a principal dwelling unit or an accessory building or structure that is not a community benefit unit.
[Added 8-22-2017 by L.L.
No. 21-2017]
A.
The Town Board hereby establishes a Town of Southampton
Community Housing Opportunity Fund ("fund" or CHOF).
B.
Deposits into the Community Housing Opportunity Fund
may include revenues of the Town from whatever source determined to
be appropriate by the Town Board based upon the advice of the Town
Comptroller and Town Attorney, including but not limited to:
(1)
All revenues from bonds approved pursuant to the Local
Finance Law for the purpose of increasing affordable community housing
opportunities;
(2)
Appropriations of unreserved surplus or appropriated fund balances in accordance with the Town's surplus policy, including appropriations pursuant to Chapter 8, Budget. At no time, however, may there be an appropriation from the Town's contingency and tax stabilization reserve as set forth in § 8-5;
(3)
Any proceeds received by the local government from
the sale or rental of community housing produced from revenues of
the fund;
(4)
Repayment of any loans issued from proceeds of the
fund;
(5)
Any gifts of interests in land or real property or
funds;
(6)
Any county, state or federal grants received by the
Town for providing community housing;
(7)
Any future applicable transfer tax which may be enacted
subsequent to the enactment of this legislation;
(8)
Recaptured funds from previous Town housing initiatives
and resales of units reserved for income-eligible households.
C.
Interest accrued by monies deposited into the fund
shall be credited to the fund. In no event shall monies deposited
into the fund be transferred to any other account, without a majority
vote of the Town Board.
D.
Nothing contained in this section shall be construed
to prevent the financing in whole or in part, pursuant to the Local
Finance Law, of any project or purpose authorized pursuant to this
chapter. Monies from the fund may be utilized to repay indebtedness
or obligations incurred pursuant to the Local Finance Law consistent
with effectuating the purposes of this chapter.
A.
The proceeds of the Community Housing Opportunity fund established pursuant to § 216-6 above shall be utilized to the extent permitted by law for the following purposes:
(1)
The production of community housing for sale and resale
to income-eligible households who work and/or live in the Town;
(2)
The production of community housing for income-eligible
households who reside year-round and work in the Town;
(3)
The rehabilitation of existing buildings and structures
in the Town for the purpose of conversion to community housing for
sale or rental to income-eligible residents who reside year-round
and/or work in the Town;
(4)
The provision of no-interest or low-interest loans
to income-eligible residents who reside year-round and/or work in
the Town, for the purchase of a first home;
(5)
The provision of housing counseling services by not-for-profit
corporations that are authorized by the U.S. Department of Housing
and Urban Development (HUD) to provide said services.
B.
Community housing opportunities facilitated by the
CHOF shall be subject to limited equity recapture provisions and long-term
or perpetual affordability, to the extent allowable under the law.
(1)
For ownership units, restrictive covenants will specify
that resale prices shall be determined in accordance with the provision
of this chapter.
(2)
Affordability of housing shall be accomplished through the following: The Town of Southampton reserves the right to require that all housing units purchased or facilitated through the fund remain affordable as a community benefit for income-eligible households, except upon a majority vote of the Town Board by resolution. All properties purchased through the fund must be sold back to the fund for resale to income-eligible households who meet the qualifications of defined priority populations, in accordance with the provisions of this Chapter 216. Costs for permanent fixed improvements also shall be compensated, in accordance with the provisions of this Chapter 216.
C.
For the purposes of this chapter, eligible expenses
relating to the production of community housing and the rehabilitation
of existing housing stock and structures under the Community Housing
Opportunity Fund shall include, to the extent permitted by law, but
not be limited to, land acquisition or other interests in real property,
planning, engineering, construction costs and other hard and soft
costs associated with development, rehabilitation, purchase or rental
of housing pursuant to this section. All revenues received by the
Town from the sale or rental of community housing or the repayment
of loans shall be deposited in this fund.
D.
The Town Comptroller shall provide an annual report
to the Town Board to detail disbursements, proceeds, and a fund balance
for the Community Housing Opportunity Fund.
[Added 5-12-2009 by L.L. No. 19-2009]
As used in this article, the following terms
shall have the meanings indicated:
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.
A density increase of at least 10% over the otherwise maximum
allowable residential density, or floor area ratio if part of a mixed-use
development, under the applicable zoning ordinance and Comprehensive
Plan as of the date of the application by the applicant to the Town.
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 discretionary Town 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.
Where, pursuant to the above density bonus, four or more residential units are created, 75% of such units shall be filled by individuals meeting the moderate-income household thresholds set forth in § 216-2 herein; the remaining 25% of such units shall be filled by individuals meeting the middle-income household thresholds set forth in § 216-2 herein. For purposes of this article, "middle-income" households shall include those households whose gross annual income is greater than 80% but does not exceed 130% of the median gross income, according to the U.S. Department of Housing and Urban Development (HUD), for households of the same size within the housing region in which the housing is located, or as determined from time to time by Town Board resolution. These percentages may be modified by the Town Board, subject to changes in the actual need within the Town.
Where, pursuant to the above density bonus, less than four residential units are created, 100% of such units shall be filled by individuals meeting the moderate-income household thresholds set forth in § 216-2 herein. These percentages may be modified by the Town Board, subject to changes in the actual need within the Town.
Any village, city, or town within the County of Nassau or
Suffolk acting pursuant to the provisions of this article.
A preliminary application for a subdivision or site plan
subject to major review, or a final application for a subdivision
or site plan subject to minor review, deemed complete by the Southampton
Town Planning Board.
A.
When the Town 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 Town, and the Town shall require, at the Town's option, that the applicant:
(1)
Set aside at least 10% of such units for affordable
workforce housing on site; or
(2)
Provide other land and construct the required affordable
workforce housing units that are not part of the applicant's current
subdivision plat or site plan, but which must be provided, on another
site within the Town; or
(3)
Pay 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.
(a)
Where the Town requires that the applicant either construct affordable units off site or provide a fee in lieu of units as provided in Subsection A(2) and (3) above, the resultant units created pursuant to these options shall be located within the same school district as the applicant's initial development project, subject to compliance with the Town's Comprehensive Plan. The resultant units may be placed outside the same school district as the applicant's initial development project only after authorized by a duly adopted Town Board resolution and subject to compliance with the Town's Comprehensive Plan.
(b)
Where the Town requires that the applicant provide a fee in lieu of units as provided in Subsection A(3) above, a duly noticed public hearing shall be held before the Town Board to consider any alternatives to such payment.
(c)
All fees collected by the Town as provided in Subsection A(3) above shall, at the sole discretion of the Town, be:
[1]
Deposited in a single trust fund under the control
of the Town, to be kept in trust and separate and apart from all other
monies, 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. Unless otherwise prohibited by state
law, the Town Board may also utilize such funds for the purpose of
working with not-for-profit organizations to provide down payment
assistance to eligible homebuyers. 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
[2]
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
[3]
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.
In determining which density bonus to utilize, that is, on-site housing, off-site housing, or payment in lieu of, the applicable Town agency, to wit, the Planning Board or the Town Board, shall first consider the recommendation of the Administrator of the Department of Land Management. When making said density bonus recommendation, the Department of Land Management Administrator, in consultation with the Town Attorney and Housing Director, shall ensure compliance with the Town's Comprehensive Plan, as well as applicable density incentives already articulated within the Code, such as the goals and objectives of § 330-9. In addition, the value of the resultant units; the true affordability of the resultant units, such as the associated common costs and fees for each unit; and applicant's preference for achieving the 10% density bonus shall also be among the factors considered when making said density bonus recommendation. Where the applicable Town agency chooses to offer a density bonus to an applicant different from that recommended by the Administrator of the Department of Land Management, said action must be achieved by a vote of a majority plus one of the Planning Board, or a majority of the Town Board.[1]
[1]
Editor's Note: Former Subsection C, regarding an exemption for developments with less than the maximum permitted density, which immediately followed this subsection, was repealed 5-23-2017 by L.L. No. 10-2017. This local law also redesignated former Subsections D through H as Subsections C through G, respectively.
C.
The Town shall ensure that all affordable 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.
E.
Within six months of the establishment of a trust fund as set forth in Subsection A(3)(c)[1] and [2] of this article, the Town shall issue guidelines and policies which shall govern the expenditure of trust fund monies.
(1)
In furtherance of the establishment of said trust
fund, the Town may establish separate accounts within said trust fund
to track the monies deposited into the fund by community planning
areas, as described in the Town's Comprehensive Plan, with a goal
towards reinvestment of said monies into the community planning area
from which the monies originated. The Town Comptroller shall provide
an annual accounting of the monies within each account. Consistent
with the trust fund policies described herein, any interest earned
or capital gain realized on the monies so deposited into each separate
account shall accrue to and become part of such account.
F.
Any monies that are not expended by the Town within three years from the date of such monies being collected shall be paid into a single trust fund under the control of the Long Island Housing Partnership, as set forth in Subsection A(3)(c)[3] of this article.
G.
The Town may enter into intermunicipal agreements
with any local government within the County of Suffolk to meet the
purposes of this article.
Persons purchasing affordable workforce housing
created pursuant to this article, or who receive down-payment assistance
pursuant to this article, must attend homebuyer education and mortgage
counseling provided free of charge through the Long Island Housing
Partnership.
The provisions of Article II, Long Island Workforce Housing Act, of Chapter 216, as described herein, shall take effect January 1, 2009, provided that the provisions of Article II herein shall not apply to any development or project for which a valid application has been filed with the Town before such effective date.
