As used in this chapter, the following terms shall have the meanings indicated:
ADAPTABLE DESIGN As defined in §
123-30 of Chapter
123, Building Construction, of the Town Code.
[Added 6-9-2009 by L.L. No. 24-2009]
AFFORDABILITY RESTRICTIVE COVENANT 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.
AFFORDABLE HOUSING 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]
AGE-RESTRICTED UNIT A housing unit in which there are restrictions on occupancy as set forth in §
330-14A,
B,
C and
D or as the Town Board may determine by resolution ordinance or local law. Procedures governing the provisions for qualified disabled individuals are set forth in §
216-5E of this chapter.
APPRECIATION BENEFIT 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]
BUYER BENEFIT 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.
CONSUMER PRICE INDEX The Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics for the New York Metropolitan Area.
COMMUNITY BENEFIT UNIT 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.
COMMUNITY HOUSING 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.
COMMUNITY HOUSING UNIT INVENTORY 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]
COMMUNITY LAND TRUST (CLT) 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.
CURRENT APPRAISED VALUE 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.
HOMEOWNER DISPLACED BY NATURAL DISASTER 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]
A. 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
B. 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.
HOUSING REGISTRY 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]
INCOME-ELIGIBLE HOUSEHOLDS 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]
INTENT TO SELL NOTICE 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.
LOW-MODERATE INCOME HOUSEHOLD 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]
MIDDLE-INCOME HOUSEHOLD 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]
PERMANENT FIXED IMPROVEMENT 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]
QUALIFIED DISABLED INDIVIDUAL 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.
TOWN The Town of Southampton.
UNIT RESERVED FOR LOW-MODERATE-INCOME HOUSEHOLD 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]
UNIT RESERVED FOR MIDDLE-INCOME HOUSEHOLD 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.
[Amended 8-12-2008 by L.L. No. 49-2008]
UNIVERSAL DESIGN As defined in §
123-30 of Chapter
123, Building Construction, of the Town Code.
[Added 6-9-2009 by L.L. No. 24-2009]
[Added 5-12-2009 by L.L. No. 19-2009]
As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE WORKFORCE HOUSING 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.
DENSITY BONUS 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.
A. 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.
B. 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.
LOCAL GOVERNMENT Any village, city, or town within the County of Nassau or Suffolk acting pursuant to the provisions of this article.
VALID APPLICATION 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.
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.