[Adopted 7-12-2022 by L.L. No. 28-2022[1]
[1]
Editor's Note: This local law also amended the title of this
chapter and was approved by the electors of the Town of Southampton
at a referendum held 11-8-2022.
As used in this article, the following words and terms shall
have the following meanings:
The advisory board created pursuant to § 140-45 of this article.
A primary residential property for an eligible individual
that does not exceed 150% of the purchase price limits established
by the State of New York Mortgage Agency low interest rate loan program
in nontarget categories for Suffolk County in effect on the contract
date for the sale of such property.
A household with an income that does not exceed 100% of the
income limits as established by the State of New York Mortgage Agency
low interest rate loan program in nontarget categories for Suffolk
County in effect on the contract date for the sale of such property.
An eligible individual who has not owned a primary residential
property and is not married to a person who has owned a residential
property during the three-year period prior to his or her purchase
of the primary residential property, and who does not own a vacation
or investment home.
The Community Housing Fund established pursuant to § 140-41 of this article.
Any one- or two-family house, townhouse, or condominium.
A.
The Town of Southampton Community Housing Fund is hereby established
pursuant to the provisions of § 64-k, Subdivision 2, of
the State Town Law.
B.
Deposits into the fund shall include (i) all revenues from the supplemental
real estate transfer tax authorized by Subdivision 2 of § 1449-bb
of the Tax Law, (ii) all proceeds from any indebtedness or obligations
issued pursuant to the Local Finance Law for community housing opportunity
purposes as authorized in Subdivision 3 of § 64-k of the
Town Law, (iii) any proceeds received by the Town from the sale or
rental of community housing produced from revenues of the fund; and
(iv) the repayment of any loans issued from proceeds of the fund.
C.
Deposits into the fund may also include (i) general fund balances
or surpluses, (ii) any gifts of interests in land or funds; and (iii)
any state or federal grants received by the Town for providing affordable
homes.
Purposes of the fund. The proceeds of the fund established pursuant to § 140-41 of this article shall be utilized for the following purposes:
A.
The provision of financial assistance to first-time homebuyers who
are residents of the Town for the purchase of a first home. Such financial
assistance may be in the form of a grant or a loan.
(1)
Financial assistance may be provided for the purchase of a first
home to a first-time homebuyer who is a resident of the Town or who
is employed in the Town. A resident of the Town shall include a person
who is currently a resident of the Town or a nonresident who has been
a resident within the past five years.
(2)
Such financial assistance shall not exceed 50% of the purchase price
of the home.
(3)
If such financial assistance is in the form of a loan, such loan
shall be repayable to the Town pursuant to the terms agreed to between
the recipient and the Town, provided that any loan shall be fully
repaid by the recipient upon the resale of the home.
(4)
For the purposes of calculating Town tax liability for such property,
only, the dollar amount of any financial assistance for the purchase
of a first home made by the Town pursuant to this section shall be
subtracted from the full equalized assessed value of such property.
(5)
All revenues received by the Town from the repayment of a loan shall
be deposited in the fund.
(6)
A Town may provide financial assistance for community housing in
conjunction with a public/private partnership for employer-assisted
housing.
B.
The actual production of community housing for sale to eligible individuals
by the Town.
C.
The actual production of community housing for sale to eligible individuals
in conjunction with a public/private partnership, where the private
partner agrees to comply with the profit guidelines of the New York
State Affordable Housing Corporation and the provisions of this section.
D.
The actual production and maintenance of community housing for rental
to eligible individuals either by the Town or the Town Housing Authority;
or in conjunction with a public/private partnership, where the private
partner agrees to comply with the profit guidelines of the New York
State Affordable Housing Corporation and the provisions of this section.
E.
The rehabilitation of existing buildings and structures in the Town
for the purpose of conversion to community housing for sale or rental
to eligible individuals.
F.
The acquisition of interests in real property in existing housing
units, which will result in the production of community housing for
sale or rental to eligible individuals.
G.
The provision of housing counseling services by not-for-profit corporations
who are authorized by the United States Department of Housing and
Urban Development to provide such services.
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. Nothing contained in this
section shall be construed to prevent the financing in whole or in
part, pursuant to the state Local Finance Law, of any purpose authorized
pursuant to this section. Monies from the fund may be utilized to
repay indebtedness or obligations incurred pursuant to the state Local
Finance Law consistent with effectuating the purposes of this article.
For the purposes of this article, eligible expenses relating
to the production of community housing and the rehabilitation of existing
buildings and structures under the Fund shall include but not be limited
to land acquisition, planning, engineering, construction costs, and
other hard and soft costs directly related to the construction, rehabilitation,
purchase or rental of housing pursuant to this article. All revenues
received by the Town from the sale or rental of community homes, or
the repayment of loans shall be deposited in the fund.
An Advisory Board is hereby created to review and make recommendations regarding the Town's community housing plan required by § 140-46 of this article. Such board shall consist of not less than seven nor more than 15 legal residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the Advisory Board. The Board shall include a representative of: (a) the construction industry; (b) the real estate industry; (c) the banking industry; (d) three representatives of local housing advocacy or human services organizations; (e) at least one resident from a participating village; and at least one member from the Shinnecock Indian Nation. The Advisory Board shall act in an advisory capacity to the Town Board.
A.
Before the Town Board may expend any funds pursuant to this section,
the Town Board shall first adopt a Town Community Housing Plan which
establishes an implementation plan for the provision of community
housing opportunities by the fund. Said plan shall be adopted by local
law. Such plan shall adhere to the following smart growth principles:
(1)
Public investment. To account for and minimize social, economic,
and environmental costs of new development, including infrastructure
costs such as transportation, sewers, and wastewater treatment, water,
schools, recreation, and loss of open space and agricultural land.
(2)
Development. To encourage development in areas where transportation,
water, and sewage infrastructure are available or practical.
(3)
Conservation. To protect, preserve, and enhance the state's resources,
including agricultural land, forests, surface waters, groundwater,
recreation and open space, scenic areas, and significant historic
and archeological sites.
(4)
Coordination. To promote coordination of state and local government
decisions and cooperation among communities to work toward the most
efficient, planned and cost-effective delivery of government services
by, among other means, facilitating cooperative agreements among adjacent
communities, and to coordinate planning to ensure compatibility of
one's community development with development of neighboring communities.
(5)
Community design. To strengthen communities through development and
redevelopment strategies that include integration of all income and
age groups, mixed land uses, and compact development, traditional
neighborhood development, planned unit development, open space districts,
downtown revitalization, brownfield redevelopment, enhanced beauty
in public spaces, and diverse and community housing in close proximity
to places of employment, recreation, and commercial development.
(6)
Transportation. To provide transportation choices, including increasing
public transit and alternative modes of transportation, in order to
reduce automobile dependency, traffic congestion, and automobile pollution.
(7)
Consistency. To ensure predictability in building and land use codes.
(8)
Community collaboration. To provide for and encourage local governments
to develop, through a collaborative community-based effort, smart
growth plans that include long-term land use and permit predictability
and coordination, efficient decision-making and planning implementation.
B.
Such plan may include the establishment of a map or maps that delineate
the housing implementation recommendations proposed by the Town. Such
plan shall be updated at least once every five years. The Town Housing
Plan shall be an element of the Town's Comprehensive Plan. Such plan
shall ensure that all community housing created pursuant to this section
remains affordable. Subsequent purchasers of such community housing
shall have at the time of purchase, pursuant to the definition "eligible
individual," an income that does not exceed 100% of the income limits
as established by the State of New York Mortgage Agency low interest
rate loan program in nontarget categories for Suffolk County. Such
plan shall provide for the equitable distribution of community housing
opportunities among all the communities of the Town. The plan shall
ensure that no community has an undue concentration of community housing
opportunities that would substantially alter the character of the
community. In determining equitable distribution of community housing
opportunities, existing community housing opportunities in a community
shall be considered.
A.
The participation of any village in the production of community housing
authorized by this section shall be at the option of the village.
In order to participate, a village shall pass a resolution opting
into the program and shall submit said resolution to the Town Board.
B.
Where a village opts to participate pursuant to this section, an
intergovernmental agreement shall be executed pursuant to Article
5-G of the General Municipal Law or other applicable legal authority,
in order to establish the rights and responsibilities of each local
government regarding community housing opportunities.
