Town of East Hampton, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 5-4-2007 by L.L. No. 17-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation easements — See Ch. 16.
Building construction — See Ch. 102.
Community preservation — See Ch. 112.
Farms and farming — See Ch. 134.
Open space preservation — See Ch. 193.
Subdivision of land — See Ch. 220.
Urban renewal — See Ch. 232.
Zoning — See Ch. 255.

§ 250-10 Purpose and intent.

A. 
The primary purpose of the East Hampton Affordable Housing Credit Program is to promote and facilitate the creation of affordable housing by the private and public sectors in the Town of East Hampton while at the same time enhancing the conservation of open space within the Town by permanently sterilizing certain lands purchased by the Town through the creation of conservation easements. The Comprehensive Plan (dated May 6, 2005) encourages the creation of apartments in commercial buildings to add to the affordable housing stock in the Town. The Comprehensive Plan also encourages the development of new affordable single-family housing developments and new attached affordable housing developments.
B. 
The Comprehensive Plan suggests that a transfer of development rights program be established in order to facilitate the creation of affordable housing while at the same time complying with the groundwater protection standards of the Suffolk County Department of Health Services. By establishing the East Hampton Affordable Housing Credit Program, the Town will be able to transfer affordable housing credits from areas where the Town has sterilized land to other parcels for affordable housing projects throughout the Town. The affordable housing credits would be transferred from parcels of land in the Town of East Hampton which consist of natural, scenic, passive recreational, forest, or open land or sites of special historical, cultural, aesthetic or economic values sought to be protected. These parcels owned by the Town of East Hampton shall be permanently sterilized by conservation easements and/or covenants and restrictions to remain as open space. The affordable housing credits will allow recipients the opportunity to build developments or apartments consistent with the Town Code but that would otherwise not be allowed under Suffolk County Department of Health Services requirements.
C. 
In order to determine the number of affordable housing credits that can be transferred from a subdividable parcel of land, a mathematical computation shall be prepared using the parcel acreage, the groundwater management zone and the residential zoning district where the property is located. The computation first requires the parcel acreage to be discounted by a factor of 25% to reflect the average amount of unbuildable land area on a typical parcel of land (i.e., land needed for roads or drainage solutions or that which is covered with constraints to building such as wetlands and excessively steep slopes). This discounted land area will be divided by the minimum lot area required in the groundwater management zone. For residential parcels zoned other than B and A Residence Districts, the number will be further reduced by a percentage based on Town zoning.
D. 
Once the affordable housing credits are transferred for use in a project in the private or public sector, covenants and restrictions will be placed in the deed to assure the housing project remains affordable. Owners will be required to update their current septic systems to accommodate the greater usage because the septic systems for the affordable housing projects still must meet current Suffolk County Department of Health Services septic flow standards. To facilitate this requirement, the Town of East Hampton, where necessary or preferred from a planning standpoint, may allow owners to utilize Town rights-of-way, alleys, and parking lots to accommodate the upgraded septic system.

§ 250-20 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DEVELOPMENT RIGHTS
For the purpose of this chapter, the sanitary rights permitted on a lot, parcel, or area of land under the Suffolk County Department of Health Services.
DEVELOPMENT YIELD
Is established by multiplying the gross lot area of the sending parcel by the development yield factor for each zoning category.
EAST HAMPTON AFFORDABLE HOUSING CREDIT
A single-family residential density wastewater design flow equivalent of 300 gallons per day.
GROUNDWATER MANAGEMENT ZONES
Areas identifying differences in regional hydrogeologic and groundwater quality conditions as adopted by the Suffolk County Board of Health. East Hampton is divided between Groundwater Management Zones IV and V as depicted on a map filed in the Office of the Commissioner of Health in Hauppauge, New York and the East Hampton Town Planning Department.
RECEIVING DISTRICT
One or more designated districts or areas of land having access to public water to which development rights generated from one or more sending districts may be transferred and in which increased development, as per the Suffolk County Department of Health Services septic flow standards, is permitted to occur by reason of such transfer.
SENDING DISTRICT
One or more designated districts or areas of land in which development rights are designated for use in one or more receiving districts.
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ('SCHDS') YIELD METHOD DETERMINATION
Parcel acreage (in square feet) multiplied by a factor of .75 (75%) divided by 20,000 square feet if the land is within Groundwater Management Zone IV and public water is available or 40,000 square feet for all other parcels.
TRANSFER OF DEVELOPMENT RIGHTS
The process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel or area of land in one or more receiving districts.
URBAN RENEWAL PARCEL
Any parcel shown on an Urban Renewal Map and having a parcel number assigned by that map.

§ 250-30 Allocation of East Hampton affordable housing credits.

For the purpose of computing the allocation of East Hampton affordable housing credits, a parcel of land is defined as a separately assessed tax lot.

§ 250-30-10 Method of allocation.

Development yield is established by multiplying the gross lot area of the parcel by the development yield factor for each zoning category. The development yield factors for the various residential zoning categories are detailed in § 250-30-10.2 below. The development yield factors for property zoned other than residential are detailed in § 250-30-20 below. For purposes of both residentially and nonresidentially zoned land, one acre equals 43,560 square feet.

§ 250-30-10.1 Fractional allocations.

For the purposes of computing the allocation of East Hampton affordable housing credits, a fractional allocation of an East Hampton affordable housing credit shall be rounded downward to the nearest whole East Hampton affordable housing credit.

§ 250-30-10.2 Development yield factors and computation for residentially zoned property.

A. 
Lots located outside Urban Renewal Maps.
(1) 
For legally pre-existing nonconforming (as to minimum lot area) lots existing as separate tax map parcels prior to 1981, located outside the boundaries of the Urban Renewal Maps, the number of East Hampton affordable housing credits allowed to be transferred is equal to one East Hampton affordable housing credit.
(2) 
For legally conforming (as to minimum lot area) parcels of land located outside the boundaries of the Urban Renewal Maps, the number of East Hampton Affordable Housing Credits allowed to be transferred will be determined using the Suffolk County Department of Health Services ("SCDHS") yield method determination for determining lot yield, discounted by a factor corresponding to the Town residential zoning classification according to the following formulas:
(a) 
For Residence Districts B and A: same formula as SCDHS.
(b) 
For Residence District A2: 80% SCDHS yield determination.
(c) 
For Residence District A3: 60% SCDHS yield determination.
(d) 
For Residence District A5: 40% SCDHS yield determination.
(e) 
For Residence District A10: 20% SCDHS yield determination.
In no case shall a legally conforming parcel of land as described in this section receive less than one credit. See Figure 250-1 for sample computations.[1]
[1]
Editor's Note: Figure 250-1 is included at the end of this section.
B. 
Urban renewal parcels.
(1) 
Urban renewal parcels may only be considered as sending districts if the municipality owns 100% of the urban renewal parcel. Any lot in an urban renewal parcel that was purchased without banking the development rights shall be excluded from the development yield calculus.
(2) 
For nonconforming (as to minimum lot area) parcels within Urban Renewal Maps, the number of East Hampton affordable housing credits allowed to be transferred is equal to one East Hampton affordable housing credit, subject to any percentage reduction for lots in the parcel that were purchased without banking the development rights.
(3) 
For legally conforming (as to minimum lot area) parcels within Urban Renewal Maps, the number of East Hampton affordable housing credits allowed to be transferred will be determined using the Suffolk County Department of Health Services ("SCDHS") yield method determination for determining lot yield, discounted by a factor corresponding to the Town residential zoning classification according to the formula set forth in § 250-30-10.2A(2), but in no case shall a legally conforming parcel of land as described in this section receive less than one credit, subject to any percentage reduction for lots in the parcel that were purchased without banking the development rights.
Figure 250-1
East Hampton Affordable Housing Credit ("EHAHC") Program Allocation Examples
Example 1: A 1.54 acre parcel zoned for B Residence (one unit per 20,000 square feet) in Groundwater Management Zone IV with public water available.{((1.54 x 43,560) x .75)/20,000} = 2.51559. This is then rounded down to the nearest whole number or 2 EHAHCs.
Example 2: A 2.00 acre parcel zoned for A Residence (one unit per 40,000 square feet) within Groundwater Management Zone IV with no public water available. {((2.00 x 43,560) x .75)/40,000} = 1.6335. This is then rounded down to the nearest whole number or 1 EHAHC.
Example 3: A 7.89 acre parcel zoned for A2 Residence within Groundwater Management Zone V. {((7.89 x 43,560) x .75)/40,000} x .80 = 5.155326. This is then rounded down to the nearest whole number or 5 EHAHCs.
Example 4: A 10.53 acre parcel zone for A3 Residence within Groundwater Management Zone IV with no public water available. {((10.53 x 43,560) x .75)/ 40,000} x .60 = 5.1602265. This is then rounded down to the nearest whole number or 5 EHAHCs.
Example 5: A 15.63 acre parcel zoned for A5 Residence within Groundwater Management Zone IV with public water available. {((15.63 x 43,560) x .75)/20,000} x .40 = 10.21264. This is then rounded down to the nearest whole number or 10 EHAHCs.
Example 6: A 21.34 acre parcel zoned for A10 Residence within Groundwater Management Zone V. {((21.34 x 43,560) x .75)/40,000} x .20 = 3.485889. This is then rounded down to the nearest whole number or 3 EHAHCs.

§ 250-30-20 Allocation for property zoned other than residential.

For commercially zoned land, the number of affordable housing credits that can be transferred from a subdividable parcel of land will be calculated by a mathematical computation using the parcel acreage and the groundwater management zones. The lot area in acreage will be discounted by a factor of 25% to reflect the average amount of unbuildable land area on a typical parcel of land (i.e., land needed for roads or drainage solutions or that which is covered with constraints to building such as wetlands and excessively steep slopes.) This discounted land area will be further reduced by dividing it by 40,000 square feet in Groundwater Management Zone V or, if public water is available, 20,000 square feet in Groundwater Management Zone IV, as established by the Suffolk County Health Department. In no case shall a parcel of land as described in this section receive less than one credit.

§ 250-30-30 Computation for increased intensity in receiving district.

A. 
The number of single-family houses allowed to be constructed for every one East Hampton affordable housing credit allowed to be transferred is equal to one house.
B. 
The number of apartments allowed to be constructed for every one East Hampton affordable housing credit is equal to one apartment.

§ 250-30-40 Limitations on allocation.

The following limitations shall apply to the allocation of East Hampton affordable housing credits:
250-30-40.1.
No allocation shall be made for any property for which the development rights have previously been fully used, or allocated for use, under this program or any other program.
250-30-40.2.
Partially improved properties shall receive a decreased allocation based upon the extent of improvement. The East Hampton affordable housing credit allocation for a parcel of land shall be reduced by one East Hampton affordable housing credit for each existing single-family unit on the parcel. The Planning Department will determine the percentage of decreased allocation for all other existing improvements on properties. Should there be any question as to the determination of East Hampton affordable housing credit allocation for partially improved properties; the Town of East Hampton shall submit such question to the Suffolk County Department of Health Services for a determination of the number of East Hampton affordable housing credits available for the parcel.

§ 250-40 Eligibility for redemption of East Hampton affordable housing credits.

§ 250-40-10 Receiving districts.

All areas of a parcel located within the following zoning and overlay districts within the Town of East Hampton shall qualify as a receiving district for redemption of East Hampton Affordable Housing Credits purposes:
A. 
Neighborhood Business.
B. 
Central Business.
C. 
Affordable Housing Overlay District.
D. 
Commercial Service.
E. 
Commercial Industrial.
F. 
Residentially zoned property if owned by the Town of East Hampton.

§ 250-40-20 Sending districts.

All areas of a parcel located within the Town of East Hampton shall qualify as a sending district, except:
A. 
A farm as defined in § 134-2 of the Town Code (includes stock, dairy, poultry, fur-bearing animals, horse farm, fruit, vegetables, grain and truck farms, plantations, orchards, nurseries, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities).

§ 250-40-20.1 Covenants and restrictions in sending districts.

Any parcels designated within the sending district where the Town of East Hampton acquires development rights shall be permanently sterilized to prevent future development by:
A. 
Covenants and restrictions; and/or
B. 
Conservation easement.
filed against the sending parcel in the Office of the Suffolk County Clerk.

§ 250-40-30 Policies for transferring development rights.

A. 
Development rights may only be transferred to a receiving district in the same Suffolk County groundwater management zone as the sending district.
B. 
Whenever credits are available, transfers shall be limited from a sending district to receiving district within the same school district. Should the Town Board transfer out of the same school district, the Board shall conduct an economic analysis illustrating any effect the transfer will have on both the sending and receiving school districts with the exception of Springs School District, where there shall be no net increase.
C. 
Whenever feasible, the Town Board shall limit any transfers of credits to the Harbor Protection Overlay District, Water Recharge District or Flood Hazard Overlay District from the same Harbor Protection Overlay District, Water Recharge Overlay District or Flood Hazard Overlay District.
D. 
As per Suffolk County Health Department regulations, increases in sanitary flow are limited to double the allowable sanitary flow for the Groundwater Management Zone of the receiving parcel.
E. 
The Town Board, where necessary or preferred from a planning standpoint, may allow owners to utilize Town rights-of-way, alleys, and parking lots to accommodate the upgraded septic system subject to an easement in a form acceptable to the Town Attorney and subject to approval by the Highway Superintendent.

§ 250-50 East Hampton affordable housing credit procedure.

§ 250-50-10 Issuance of East Hampton affordable housing credit.

All East Hampton affordable housing credits shall be issued by the East Hampton Town Board.

§ 250-50-20 Overview of the issuance procedure.

The issuance of an East Hampton affordable housing credit shall include the following steps:
A. 
Application by property owner, including municipal property owner, to the Planning Department describing the project and listing the number of East Hampton affordable housing credits needed to meet Suffolk County Department of Health Services standards.
B. 
The Planning Department, after consultation with the Suffolk County Department of Health Services, when necessary, confirms the number of necessary East Hampton affordable housing credits needed to meet Suffolk County Department of Health Services standards and forwards application to Town Board.
C. 
Planning Board and Building Inspector reports.
(1) 
The Planning Board shall provide to the Town Board prior to the scheduling of a public hearing a report and recommendation that considers the following factors:
(a) 
Effect of increased development in the receiving district;
(b) 
Whether the district contains adequate resources to meet development proposed by the applicant;
(c) 
Environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection;
(d) 
Whether there will be significant negative environmental consequences;
(e) 
Whether the increased residential density is compatible with identified historic resources within or adjacent to the project site;
(f) 
Whether such increased development is compatible with comprehensive planning and for the area; and
(g) 
Whether the development is otherwise permitted by the Town and by the federal, state and county agencies having jurisdiction to approve permissible development within the district (Town Law § 261-a).
(2) 
The Chief Building Inspector shall provide the Town Board with a report prior to the scheduling of a public hearing detailing any comments he or she may have regarding the proposed project.
D. 
The Town Board reviews the application and determines whether to schedule a public hearing or request more information from the applicant or other Town agencies.
E. 
The Town Board holds a public hearing after 10 days' public notice to determine whether to authorize the transfer of East Hampton affordable housing credits. The public hearing notice shall indicate the following:
(1) 
The number of credits needed to meet Suffolk County Department of Health Services standards for the purpose of affordable housing;
(2) 
That the Town of East Hampton has the required number of credits available from specific sending parcels; and
(3) 
That such transfer is in the best interest of the Town.
F. 
Upon adoption of an authorizing resolution from the Town Board, the Planning Department temporarily extinguishes the number of approved credits from the affordable housing credit registry.
G. 
The applicant submits Planning Board application and a copy of the Town Board resolution approving use of designated number of credits to the Planning Board.
H. 
Prior to issuance of the certificate of occupancy, the applicant files covenants and restrictions with the Office of the Suffolk County Clerk restricting use of the apartment for affordable housing purposes only.
I. 
Following the issuance of the certificate of occupancy for the project, the East Hampton affordable housing credits will be permanently extinguished from the list as maintained by the East Hampton Planning Department. The Town files covenants and restrictions extinguishing development rights on the sending parcel with the Suffolk County Clerk.
J. 
The Town maintains a right to inspect any housing projects once per year that benefited from this program.
K. 
The applicant and all future owners of the property shall be required to supply written notice to the Town of East Hampton whenever there is a transfer of ownership of the benefited parcel.

§ 250-50-30 Consideration for East Hampton affordable housing credit.

The consideration for each credit shall be $100 and the owner's commitment to utilize the apartment for affordable housing only as set forth in covenants and restrictions filed against the receiving parcel in the Office of the Suffolk County Clerk and enforceable by the Town of East Hampton.

§ 250-50-30.1 Covenants and restrictions for affordable housing.

A. 
Following the approval of the proposed affordable housing project pursuant to the procedures set forth in this chapter, the applicant shall file in the Office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the Town Attorney.
(1) 
The covenants and restrictions shall contain terms and conditions as the Town Board and the Planning Board deem necessary to insure that the dwelling unit created by the transferred credit remains affordable in perpetuity, and shall be leased or sold only to individuals eligible for affordable housing as per East Hampton Department of Housing and Community Development guidelines. The sale and/or lease of the dwelling unit that has been constructed with the transferred credit shall be administered through the Town of East Hampton Office of Housing and Community Development.
B. 
A copy of the filed covenants and restrictions must be filed with the Town Clerk.

§ 250-50-40 (Reserved) [1]

[1]
Editor's Note: Former § 250-50-40, Expiration of East Hampton affordable housing credit authorizing resolution, was repealed 2-20-2009 by L.L. No. 6-2009.

§ 250-60 Registry of East Hampton affordable housing credits.

§ 250-60-10 Establishment and maintenance of the East Hampton Affordable Housing Credits Registry.

The Planning Department shall establish and maintain, and the Town Clerk shall have a copy of a registry of East Hampton affordable housing credits, which shall include the following information:
A. 
A list of the parcels purchased or conveyed to the Town of East Hampton where development rights have been banked, including:
(1) 
The name and address of the seller;
(2) 
The date of closing;
(3) 
The tax district, section, block and lot identification of the parcel of land;
(4) 
School district;
(5) 
Overlay district;
(6) 
Any funds used for purchase;
(7) 
The number of East Hampton affordable housing credits available on each parcel;
(8) 
The total number of East Hampton affordable housing credits available; and
(9) 
Whether credits have been temporarily or permanently extinguished.
B. 
A list of every property owner to whom an East Hampton affordable housing credit resolution is issued pursuant to this chapter, including the following information:
(1) 
The name and address of the property owner;
(2) 
The date of its issuance;
(3) 
The tax district, section, block and lot identification of the parcel of land to which the East Hampton affordable housing credit has been assigned;
(4) 
School district;
(5) 
Overlay district;
(6) 
The number of East Hampton affordable housing credits assigned to each parcel;
(7) 
The total number of East Hampton affordable housing credits assigned;
(8) 
The total acreage to which East Hampton affordable housing credits have been assigned; and
(9) 
The sending parcel where the credits originated.
C. 
An annual report of the total number of East Hampton affordable housing credits purchased and transferred. This report shall list the hamlet and school district of each tract of land for which East Hampton affordable housing credits were issued and the hamlet and school district to which the East Hampton affordable housing credits were transferred.

§ 250-60-20 Redemption of unused credits.

[Amended 2-20-2009 by L.L. No. 6-2009]
Failure to utilize an affordable housing credit in a proposed project may result in revocation of the transferred affordable housing credit. An affordable housing credit may be revoked by the Town Board by resolution, with the consent of the Suffolk County Department of Health Services and following a public hearing, after 30 days' written notice of the hearing by personal service or certified mail to the property owners and to the Suffolk County Department of Health Services. Credits that are redeemed by the Town through this method are to be redeposited in the bank and shall be available for new applications.

§ 250-70 Violations: penalties.

The acts or omissions enumerated below shall constitute violations of this chapter and shall be punishable as set forth herein.
A. 
What constitutes a violation. Any person, firm, corporation or other entity shall have committed a violation of this chapter if said person, firm, corporation or other entity violates any one or more of the following:
(1) 
Any provision of this chapter which imposes a restriction, limitation or condition on the use or ownership of real property, or which imposes a duty, liability, restriction or requirement on the owner of said property.
(2) 
Any provision of a conservation easement granted to or accepted by the Town pursuant to this chapter.
(3) 
Any provision of a local agency approval made pursuant to this chapter.
B. 
Penalties. Any person, firm, corporation or other entity that commits a violation of this chapter shall be punishable in the following manner:
(1) 
For a conviction of a first offense, the violator shall be guilty of a violation pursuant to the Penal Law, imposition of a fine of not less than $500 nor more than $1,000 or a term of imprisonment of not more than 15 days, or both.
(2) 
For the conviction of each subsequent offense, the violator shall be guilty of a misdemeanor pursuant to the Penal Law, punishable of a fine of not less than $1,000 or a term of imprisonment not more than six months, or both.
(3) 
In lieu of or in addition to these punishments, any offender shall be punished by being ordered to disgorge any profits made over the maximum rent allowed for affordable housing pursuant to East Hampton Housing and Community Development Guidelines for Affordable Housing Unit as defined in the East Hampton Town Code § 255-1-20.
C. 
Continuing violation. After the date on which the Building Inspector, Ordinance Enforcement Officer, or other responsible Town official shall have provided notice of a violation or a stop-work order to the offender, each day' s continuance thereof shall be deemed a separate and distinct offense.

§ 250-80 Severability.

Should any part or provision of this local law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this local law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid.

§ 250-90 Effective date.

This local law shall take effect immediately upon filing with the Secretary of State as provided by law.