Town of Huntington, NY
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2024-02-06
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Part II: General Legislation
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Chapter 74 Affordable Housing
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Article V LONG ISLAND WORKFORCE HOUSING ACT
- VOLUME I
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 2 Fair, Open and Accountable Government
- Ch 3 (Reserved)
- Ch 4 Appearance Tickets
- Ch 5 Assessment, Department of; Administrative Review of Assessments
- Ch 6 Audit and Control, Department of
- Ch 8 Beautification Advisory Council
- Ch 9 Citizens Advisory Committee for Persons With Disabilities
- Ch 10 Budget and Finances
- Ch 12 Capital Program
- Ch 13 Public Officials
- Ch 14 (Reserved)
- Ch 15 Commercial Fishing Advisory Council
- Ch 16 Comptroller
- Ch 19 Defense and Indemnification of Officers and Employees
- Ch 21 Environmental Open Space and Park Funds
- Ch 22 (Reserved)
- Ch 25 Engineering Services, Department of
- Ch 27 Environmental Waste Management, Department of
- Ch 28 Ephedra Products
- Ch 29 Ethics
- Ch 30 (Reserved)
- Ch 31 (Reserved)
- Ch 32 General Services, Department of
- Ch 35 Harbor and Boating Advisory Council
- Ch 36 Administrative Hearing Officer
- Ch 39 Human Services, Department of
- Ch 40 (Reserved)
- Ch 41 Local Laws, Adoption of
- Ch 42 Department of Information Technology
- Ch 43 Maritime Services, Department of
- Ch 44 Mass Transit Citizens' Advisory Council
- Ch 45 Citizens' Advisory Committee on Parking
- Ch 47 (Reserved)
- Ch 48 (Reserved)
- Ch 50 Public Nuisances
- Ch 51 Ordinances, Publication of
- Ch 52 Parks and Recreation, Department of
- Ch 52A Planning and Environment, Department of
- Ch 53 Public Disclosure by Contractors and Vendors
- Ch 54 Public Hearings: Time Limits for Action
- Ch 55 Public Safety, Department of
- Ch 57 Receiver of Taxes Department
- Ch 59 (Reserved)
- Ch 60 Senior Citizens' Board
- Ch 61 (Reserved)
- Ch 62 (Reserved)
- Ch 63 Supervisor, Department of
- Ch 64 Town Attorney, Department of
- Ch 64A Town Clerk, Department of
- Ch 65 Transportation and Traffic Safety
- Ch 66 (Reserved)
- Ch 67 Voluntary Mediation of Disputes
- Ch 69 (Reserved)
- Part II: General Legislation
- Ch 71 Administrative Search Warrants
- Ch 73 Advertising; Distribution of Circulars
- Ch 74 Affordable Housing
- Ch 74 Art V LONG ISLAND WORKFORCE HOUSING ACT
- § 74-34 Workforce housing.
- § 74-35 Affordable housing trust and agency fund.
- § 74-36 Financial qualifications of purchasers.
- § 74-37 Affordable in perpetuity.
- § 74-38 Covenants and Restrictions.
- § 74-39 Management of Applications.
- § 74-40 Administration fees.
- § 74-41 through § 74-47. (Reserved)
- Ch 76 Alcoholic Beverages
- Ch 78 Animals
- Ch 82 (Reserved)
- Ch 87 Building Construction
- Ch 89 Business Improvement Districts
- Ch 90 Cannabis
- Ch 91 Carnivals, Circuses, Fairs and Amusement Events
- Ch 92 Clothes Drop-Off Bins
- Ch 93 Civil Enforcement and Administrative Adjudication
- Ch 94 Community Antenna Television Franchises
- Ch 95 Community Gardening Program
- Ch 96 Collateral Loan Brokers
- Ch 97 Consumer Protection
- Ch 98 Domestic Partnership Registry
- Ch 99 Dix Hills Water District
- Ch 100 (Reserved)
- Ch 104 Electrical Standards and Regulations
- Ch 106 (Reserved)
- Ch 108 Film Permits
- Ch 109 Firearms
- Ch 111 Fire Prevention
- Ch 114 (Reserved)
- Ch 115 Games of Chance
- Ch 117 Solid Waste Management: Collection, Recycling and Disposal
- Ch 119 Graffiti
- Ch 120 Harbors and Waterways
- Ch 124 Housing Standards and Property Maintenance
- Ch 127 (Reserved)
- Ch 130 Junkyards
- Ch 132 Landscaping
- Ch 133 Littering and Dumping
- Ch 134 Local Waterfront Consistency Review
- Ch 135 Loitering, Parking and Congregating
- Ch 137 Marine Conservation and Regulation of Marine Structures
- Ch 141 Noise
- Ch 143 Outdoor Lighting
- Ch 145 Parades and Public Assemblages
- Ch 149 Peddlers and Solicitors
- Ch 150 Christmas Trees
- Ch 151 Petroleum and Other Fuel Products, Sale of
- Ch 153 Plumbing Regulations
- Ch 155 (Reserved)
- Ch 156 Property Maintenance; Nuisances
- Ch 156A Bamboo
- Ch 157 Public Benefit Incentives
- Ch 158 Public Benefit Funds
- VOLUME II
- Ch 159 Recreational Facilities
- Ch 160 Registration and Permitting of Property
- Ch 161 Senior Citizens: Condominium Conversions
- Ch 164 Sewer Use Management
- Ch 166 Shellfish Management
- Ch 168 Floodplain Management
- Ch 169 Coastal Erosion Management
- Ch 170 Stormwater Management
- Ch 171 Streams, Watercourses and Wetlands
- Ch 172 Land Conservation
- Ch 173 Streets and Sidewalks
- Ch 174 Liability of Town
- Ch 178 Taxation
- Ch 180 Taxicabs and Vehicles for Hire
- Ch 183 Tow Trucks and Towing for Hire
- Ch 184 Trapping
- Ch 186 Tree Preservation and Protection
- Ch 188 Trespassing and Encroachments
- Ch 189 Unmanned Aircraft Systems
- Ch 191 Unsafe and Damaged Buildings and Structures
- Ch 192 Vehicles and Traffic
- Ch 193 Recreational Vehicles
- Ch 194 Wireless Telecommunications Facilities
- Ch 195 Waste Management
- Ch 196 Wood and Coal Burning Appliances
- Ch 197 Planning, Design and Development
- Ch 198 Zoning
- Appendix
- Ch A202 Subdivision and Site Plan Regulations
- Ch A203 Trustees, Board of
- Ch A204 Zoning Board of Appeals Fees and Charges
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Chapters
- Ch TC1 General Provisions
- Ch TC2 Traffic Regulations
- Ch TC3 Parking Regulations
- Ch TC4 Parking Fields
- Ch TC5 Commercial and Construction Vehicles; Weight Limits
- Ch TC6 Miscellaneous Provisions
- Ch TC7 Traffic Violations Bureau
- Schedules
- Sch A Traffic Control Signals
- Sch B Prohibited Turns on Red Signals
- Sch C Prohibited Turns
- Sch D One-Way Streets
- Sch E Parking Area Exits/Entrances and/or Driveways
- Sch F Lane Designations
- Sch G Stop and Yield Intersections
- Sch H Speed Limits on Certain Streets
- Sch I School Speed Limits
- Sch J Parking, Stopping and Standing Restrictions
- Sch K Private Parking Fields
- Sch L Town Parking Fields
- Sch M Truck Exclusions
- Sch N Play Streets
- Sch O Commercial Vehicle and Truck Exclusions
- Sch P On-Street Metered Parking
- Traffic Code Disposition List
- Ch TCDL Disposition List
When a subdivision plat or site plan for five or more residential
units or a mixed-use development is being considered by the Planning
Board, a developer seeking a density bonus or other incentive shall
establish workforce housing in compliance with the provisions of § 699
et seq. of the General Municipal Law. Such housing shall be located
on or off-site, or in lieu thereof the applicable fee shall be deposited,
all as a set forth in § 699-b(1)(a),(b) and (c) of the General
Municipal Law.
Any funds that are deposited and held under the control of the
Town of Huntington pursuant to the General Municipal Law shall be
deposited in the Affordable Housing Trust and Agency Fund for the
purpose set forth in § 699-b(1)(c)(1) of the General Municipal
Law, except that any monies not expended within three (3) years of
the date such monies were collected shall be paid over to the Long
Island Housing Partnership in compliance with § 699-b(1)(c)(iii)
and (4) of the General Municipal Law.
All purchasers of workforce housing created pursuant to the General Municipal Law shall meet the financial criteria set forth in § 74-22.
All workforce housing created pursuant to the General Municipal Law shall remain affordable in perpetuity, and shall comply with the provisions of § 74-21 of this Chapter.
(A)
To insure continued compliance with § 699-b(3) of the General Municipal Law requiring workforce housing to remain affordable in perpetuity, as a condition of approval, all workforce housing shall be subject to covenants and restrictions that run with the land, and restrict the sale and resale of such units in accordance with the requirements of § 74-21 of this Chapter. In addition, the restrictions set forth in § 74-18 of this Chapter shall be equally applicable to affordable workforce housing.
(B)
The Planning Board may establish such other restrictions as it deems
necessary during the review process.
(C)
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 an application for a building permit will be accepted for filing.
(A)
Waiting list. A list of potential purchasers for workforce housing
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.
(B)
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]
The Huntington Community Development Agency shall receive the
following fee for monitoring compliance with the provisions of this
Article.
(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 each workforce housing unit to be paid by the seller at
or prior to closing.
[Amended 4-11-2023 by L.L. No. 5-2023]
