The provisions of this Article shall apply to the subdivision,
re-subdivision and development of land (site plans) in all existing
or future zoning districts, including commercial zones which permit
residential development, where five (5) or more residential lots or
dwelling units are proposed, and where the land has been the subject
of an applicant-initiated zone change which has resulted in an increase
in the lot yield or density allowance.
(A)
Required housing. Where an increase in lot yield or density results from an applicant-initiated change of zone, and five (5) or more residential lots or dwelling units are proposed for development, an applicant shall be required to set-aside and establish, as a condition of the zone change, affordable housing equal to twenty (20%) percent of the increase in lot yield or density (owner-occupied or rental units). In the event the number of units to be established results in a fraction of a unit, the applicant shall pay an amount equal to that fraction multiplied by the fee set forth in § 74-16(B).
(B)
Calculation. The number of affordable dwelling units to be provided
shall be determined by the Planning Board as part of the review and
approval process. Applicants shall provide a fully conforming yield
study for the subject property, as it would appear before the zone
change took place, showing road configuration and park set-aside,
drainage and grading, wetlands, steep slopes, and other required features.
In addition, the applicant shall provide a fully conforming yield
study at the property's new zoning classification, containing the
same features for the Planning Board's consideration. The difference
in the number of lots or residential units shown in the two maps or
plans, shall be the number upon which the twenty (20%) percent shall
be assessed.
(A)
The applicant shall provide at least seventy-five (75%) percent of
the required affordable housing on site, unless the applicant proposes
and the Planning Board finds, in its discretion after applying planning
principles, that the location of such housing is better suited off-site,
and provided further that the property proposed for development of
off-site affordable housing is (1) located within the same school
district as the subject property; and (2) is zoned so as to yield
the same or greater yield of affordable housing than would have been
attained on the original site; and (3) is designated for affordable
for-sale or rental unit(s), whichever the Planning Board may deem
appropriate for the off-site affordable housing, provided that:
[Amended 6-13-2023 by L.L. No. 8-2023]
(1)
The
for-sale unit(s) shall be comparable in size and provide the same
number of bedrooms as those that would be built on the original site.
(2)
In
the event rental units will be utilized to satisfy the off-site affordable
housing requirement, there shall be two (2) rental units for every
for-sale unit where the median market price of the original site for-sale
units is equal to or less than $975,000 and there shall be three (3)
rental units for every for-sale unit where the median market price
of the original site for-sale units is greater than $975,000.
(3)
In
all instances, the for-sale or rental units shall be available for
occupancy on or before the time that the original site units are made
available for occupancy.
(B)
In lieu of providing the remaining twenty-five (25%) percent of the
affordable units, the applicant may pay over to the Town of Huntington
Affordable Housing Trust and Agency Fund the amounts shown below.
The Affordable Housing Advisory Board may recommend increases in the
amounts payable from time to time, and/or such increases may be instituted
as approved by the Town Board. The Planning Board shall specify the
amount to be paid in any resolution granting preliminary or conditional
final approval of a subdivision, re-subdivision or site plan, and
the amount shall be paid in full prior to the signing of a map or
plan by the Director.
(1)
One Hundred Thousand ($100,000) Dollars per lot/dwelling in
the R-5, R-7, R-10, R-15, R-3M and R-RM Zoning Districts.
(2)
One Hundred Seventy-Five Thousand ($175,000) Dollars per lot/dwelling
in the R-20 Zoning District.
(3)
Two Hundred Twenty-Five Thousand ($225,000) Dollars per lot/dwelling
in the R-40 Zoning District.
(4)
The amount payable in non-residential zoning districts where
residential development is permitted, or in any newly-created zoning
district containing a residential component shall be the same as in
the zoning classification which has the closest yield.
The following shall be established conditions of the change
of zone, whether or not specifically incorporated in the Town Board
Resolution granting such change of zone:
(A)
Unless approved by the Town Board, the affordable housing shall be
offered to first-time homebuyers and shall not be age-restricted except
in the R-RM Retirement Community District.
(B)
In residential districts, fifty (50%) percent of the non-age restricted
units shall have two (2) or more bedrooms. In commercial districts
where mixed-use is applied, the units may be an equal mix of one (1)
bedroom units and studios, and in the event an odd number of affordable
units are required, the Director of the Huntington Community Development
Agency shall determine whether the unit is a studio or one bedroom,
as circumstances warrant.
(C)
Once a certificate of occupancy is issued, the affordable housing
units shall not be expanded (made larger).
(D)
To maintain consistency with market rate units, affordable housing
units shall be substantially the same as the development's market
rate housing units in appearance, finishes, or other features, as
determined by the Director of the Community Development Agency, and
shall be distributed evenly among market rate housing.
(E)
Builder's upgrades shall not be permitted in affordable housing units
for an additional cost.
(F)
Affordable housing units shall not be leased, rented, subleased,
or offered for lease, rent, or sublease other than as set forth in
the Town of Huntington's Affordable Housing Law.
(G)
Ownership, possession or occupancy of affordable housing units shall
not be transferred by will, devise, intestacy, gift, purchase on the
open market, or by any means other than as set forth in the Town of
Huntington's Affordable Housing Law.
(H)
The gross floor area of affordable housing units shall not be increased,
and the basements, garages, or attics shall not be converted into
habitable space.
(I)
Owners of affordable housing units shall, upon request of the Huntington
Community Development Agency or other housing administrator, submit
an Affidavit and Disclosure Statement annually certifying that their
unit is their domicile (primary residence).
(J)
Handicapped accessibility shall be addressed during the site plan
or building permit review process.
(K)
Covenants and Restrictions. To insure continued compliance with this
legislation, and as a condition of the change of zone, all affordable
units shall be subject to covenants and restrictions that run with
the land, and restrict the sale, resale and rental of such units in
accordance with the requirements of the District. The covenants shall
contain other restrictions established by the Town Board on the rezone.
Said covenants and restrictions shall be prepared by the applicant
and submitted to the Town Attorney for approval as to form and content.
Upon approval by the Town Attorney, the applicant shall record the
covenants and restrictions in the Office of the Suffolk County Clerk,
at his or her own expense and provide the Town Attorney and the Department
of Planning and Environment with a copy of the recorded instrument
before the local law will be filed. A copy of the recorded instrument
shall be submitted to the Planning Board as part of any application
for site plan, subdivision or re-subdivision approval for the property,
and shall be noted on the map or plan signed by the Director. All
deeds transferring title to affordable units shall contain a reference
to the Liber and Page of the recorded covenants and restrictions.
Affordable units shall be developed in advance of or at the
same time as market value units as provided herein. The Planning Board
may impose such restrictive covenants to aid in the enforcement of
this section as it deems advisable.
(A)
Off-site units. No certificate of occupancy may be issued for any
unit located on-site until certificates of occupancy for all off-site
affordable housing units have been issued.
(B)
On-site units. In order to ensure that on-site affordable housing
is developed in a timely fashion, for every one certificate of occupancy
issued for an affordable unit the Town may release up to seven (7)
certificates of occupancy for market-value units. Upon approval of
the Director of the Engineering Services Department for good cause
shown, and in accordance with the recommendation of the Director of
the Huntington Community Development Agency, up to five (5) additional
certificates of occupancy for market value units may be issued. Nothing
in this section shall be construed as permitting a developer to deviate
from the final approved site plan.
[Amended 5-29-2019 by L.L. No. 24-2019; 7-13-2021 by L.L. No. 35-2021]
The Huntington Community Development Agency shall monitor the
sale and resale of all affordable units for compliance with this Chapter.
All contracts of sale shall be provided by the Agency, and shall not
be amended except as authorized by the Director. The Director may
pre-approve the developer's standard contract of sale in advance.
(A)
Initial Sales Price. The initial sale price of each newly-created
affordable unit shall be calculated based upon the Nassau-Suffolk
median income for a family of four (4) at the time of the Town's lottery
announcement, and shall remain at that price until all of the initial
units are sold, as follows:
(1)
For developments requiring the construction of only one (1)
affordable unit, the initial sale price of the unit shall be an amount
equal to eighty (80%) percent of the Nassau-Suffolk median income
for a family of four (4) multiplied by 2.5.
(2)
For developments in which more than one (1) affordable unit
is required, the initial sale price of half the units shall be an
amount equal to eighty (80%) percent of the Nassau-Suffolk median
income for a family of four (4) multiplied by 2.5. If the developer
can demonstrate to the satisfaction of the Director of the Huntington
Community Development Agency sufficient justification for the construction
of one (1) or more units containing additional square footage, such
as additional bedrooms or a bath over the number required, the initial
sale price of such units shall be one hundred twenty (120%) percent
of the Nassau-Suffolk median income for a family of four (4) multiplied
by 2.1. In no event shall these larger units comprise more than half
of the number of affordable units. In the event an odd number of affordable
units is required, the initial sale price of the additional unit shall
be an amount equal to eighty (80%) percent of the Nassau-Suffolk median
income for a family of four (4) multiplied by 2.5.
(3)
In commercial zones where units are constructed in a mixed-use
setting and such units are offered for sale, fifty percent (50%) of
the required affordable units may be one (1) bedroom and (50%) may
be studios with the initial sale price of the one (1) bedroom units
equal to eighty percent (80%) of the Nassau-Suffolk median income
for a family of four (4) multiplied by 2.3, and the initial sale price
of the studio units equal to eighty percent (80%) of the Nassau-Suffolk
median income for a family of four (4) multiplied by 2.2. In the event
an odd number of affordable units are required, the Director of the
Huntington Community Development Agency shall determine whether the
unit is a studio or one bedroom, as circumstances warrant.
(B)
Resale of Affordable Units.
(1)
All purchasers must be approved by the Huntington Community
Development Agency and taken from a waiting list maintained by the
Agency or its designee. Any individual interested in selling an affordable
unit must notify the Agency in writing that the unit is for sale,
and the Agency shall notify the prospective seller of the next qualified
applicant in the order of their appearance on the Agency-maintained
list, until a qualified purchaser has agreed to purchase the available
unit.
(2)
Ownership of affordable units may not be transferred by will,
devise, intestacy, gift, purchase on the open market, or otherwise,
except that an affordable unit may be conveyed by its owner to a trust,
provided that the owner is a beneficiary of the trust and the terms
of the trust require that the trustee, within one-hundred and twenty
(120) days of the date of the beneficiary's death, or the date when
the unit is no longer being used as the beneficiary's primary residence
(domicile), notify the affordable housing program administrator and
offer the unit for sale to the next eligible applicant. Prior to conveying
an affordable unit to a trust, a copy of the trust instrument shall
be provided to, and approved by, the Agency Director. Title may also
be transferred to a court-appointed referee in mortgage foreclosure
proceedings provided the unit is offered for sale and transferred
to the next eligible applicant in accordance with the provisions of
this legislation, and a copy of the Order of Reference and Order of
Sale is provided to the Director.
(3)
Resale prices shall be restricted and calculated using the initial
sales price increased by the cumulative annual increases of the Consumer
Price Index (CPI). Notwithstanding any other provision to the contrary,
the resale price of an affordable unit may be increased by an amount
not to exceed fifty (50%) percent of the documented capital improvements
made by the seller, as approved by the Director, up to a maximum amount
of ten thousand ($10,000.) dollars.
(4)
Prior to closing, a copy of the executed Contract of Sale shall
be provided to the Huntington Community Development Agency along with
an executed and sworn affidavit by the Seller and Purchaser, attesting
that the Contract of Sale is true and accurate, that there are no
other agreements between the Seller and Purchaser, and that the Purchaser
has not and will not pay any amounts to the Seller which are not reflected
in the Contract of Sale.
(C)
Affidavit of Owner. The Huntington Community Development Agency or
other housing administrator may, at its discretion, require owners
of affordable units under their jurisdiction to verify that their
unit is their domicile (primary residence) by signing an annual Affidavit
and Disclosure Statement.
(A)
In order to qualify as an eligible purchaser of an affordable unit
in all zoning districts, the annual household income may not exceed
one hundred twenty (120%) percent of the Nassau-Suffolk median income
adjusted by family size at the time of formal application to Huntington
Community Development Agency. Applicants who have an annual household
income of up to eighty (80%) percent of the Nassau-Suffolk median
income adjusted by family size shall be eligible for the lower priced
affordable units and those whose annual household income is between
eighty-one (81%) percent and one hundred twenty (120%) percent of
the Nassau-Suffolk median income adjusted by family size shall be
eligible for the higher priced units. In all cases, applicants may
not have assets, which, after deduction of the down payment and estimated
closing costs, exceed twenty-five (25%) percent of the contract sale
price for nonage-restricted housing and one hundred (100%) percent
of the contract sale price for age-restricted housing.
(B)
An applicant must have adequate resources and credit to qualify for
a home mortgage.
(C)
Management of Applications. Applicants who are residents of or who
provide documented employment by a business or entity that maintains
a verifiable physical location within the Town of Huntington, or non-residents
who have parents, children, grandchildren or grandparents who are
residents of the Town of Huntington shall have priority to purchase
affordable units. Applicants who do not meet the above criteria may
also enter a Town affordable housing lottery, or if a lottery is not
being offered, may apply for an affordable unit.
[Amended 9-13-2022 by L.L. No. 24-2022]
(D)
Waiting list. A list of potential purchasers for affordable units
shall be created for each development by a lottery system which will
establish a ranking system by number. Those who are not offered a
unit due to rank number shall be placed on a waiting list.
(E)
Opening of Waiting List. When a waiting list for a given development
is depleted, the Huntington Community Development Agency shall re-open
the list. In all new developments, and all existing developments unless
prohibited by the provisions of this Chapter or resolution of the
Town Board, the waiting list shall remain open and populated by interested,
qualified purchasers designated by priority categories.
[Amended 1-12-2021 by L.L. No. 6-2021; 9-13-2022 by L.L. No. 24-2022]
[Amended 1-12-2021 by L.L. No. 6-2021]
The Huntington Community Development Agency shall monitor the
rental of all affordable units for compliance with this Chapter. In
all new developments, and all existing developments unless prohibited
by the provisions of this Chapter or resolution of the Town Board,
rentals of affordable units shall be determined by a lottery system
establishing a ranking system by number. All lease agreements must
be approved by the Agency, and shall not be amended except as authorized
by the Director. The Director may pre-approve the developer's standard
lease agreement in advance.
(A)
Rental Unit Developments. In developments where the units are specifically
approved for rental, the monthly rental price in all zoning districts
shall be no greater than eighty (80%) percent of the HUD Fair Market
Rental Value for Nassau-Suffolk County in effect at the time of the
execution of the lease agreement, provided all utilities are included
in the rental price. If all utilities are not included, the monthly
rental price shall be no greater than 80% of the HUD Fair Market Rental
Value for Nassau-Suffolk County reduced by the monthly utility allowance
in effect at the time the lease agreement is executed.
(B)
No lease shall be transferred or assigned.
(C)
Prior to occupancy of a leased unit, a copy of the executed lease
agreement shall be provided to the Huntington Community Development
Agency along with an executed and sworn affidavit by the landlord
and tenant, attesting that the lease agreement is true and accurate,
that there are no other agreements between the parties, and that the
tenant has not and will not pay any amounts to the landlord which
are not reflected in the lease agreement.
Prospective tenants will be subject to a credit check by the
developer/sponsor of the unit prior to confirming program income eligibility
to the Huntington Community Development Agency. The annual household
income of prospective tenants in all zoning districts shall not exceed
the following thresholds at the time of application and at the time
the lease is signed:
[Amended 4-11-2023 by L.L. No. 5-2023]
The Community Development Agency shall receive the following
fee for monitoring compliance with the provisions of this Chapter:
(A)
One (1%) percent on the initial sale of the contract price, one (1%)
percent of the contract sales price per transfer in years one through
five of ownership, two (2%) percent of the contract sales price per
transfer in years six through ten (10) of ownership, and three (3%)
of the contract sales price per transfer in years eleven (11) and
beyond of owner-occupied affordable unit paid by the seller at or
prior to closing; and
(B)
One month's rent per rental unit paid by the tenant upon approval
of the lease agreement by the Director.
