[HISTORY: Adopted by the Town Board of the Town of East Hampton 9-16-2003 by L.L. No. 33-2003. Amendments noted where applicable.]
As used in this section, the following words and terms shall have the following meanings:
- The advisory board created pursuant to this local law.
- COMMUNITY HOUSING
- Housing for households with incomes at or below 100% the median income for the Town.
- The community housing opportunity fund authorized pursuant to this local law.
- The Town of East Hampton.
The Town Board hereby establishes a Town Community Housing Opportunity Fund. Deposits into the Fund may include revenues of the Town from whatever source, including but not limited to:
All revenues from a bond approved by the voters pursuant to the Local Finance Law for the purpose of increasing community housing opportunities;
General Fund balances or surpluses;
Any proceeds received by the local government from the sale or rental of community housing produced from revenues of the Fund;
The repayment of any loans issued from proceeds of the Fund;
Any gifts of interests in land or funds; and
Any state or federal grants received by the Town for providing community housing.
Funds received pursuant to the Long Island Workforce Housing Act, provided same shall be deposited in a single trust fund under the control of the Town of East Hampton to be kept in trust and separate and apart from all other monies of the Town, for the specific purpose of constructing affordable workforce housing, acquiring land for the purpose of providing affordable workforce housing or rehabilitating structures for the purpose of providing affordable workforce housing. Pending expenditures from such trust fund, monies therein may be invested in the manner provided by law. Any interest earned or capital gain realized on the monies so deposited shall accrue to and become part of such trust fund.
[Added 1-9-2009 by L.L. No. 2-2009]
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 Local Finance Law, of any project or purpose authorized pursuant to this chapter. Monies from the Fund may be utilized to repay indebtedness or obligations incurred pursuant to the Local Finance Law consistent with effectuating the purposes of this chapter.
The proceeds of the Fund established pursuant to § 160-2 of this chapter shall be utilized for the following purposes:
The provision of no-interest or low-interest loans to eligible residents of the Town for the purchase of a first home;
The actual production of community housing for sale to eligible residents of the Town;
The actual production of community housing for sale to eligible residents of the Town 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;
The actual production and maintenance of rental housing for rent to eligible residents of the Town either by the Town, 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;
The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to eligible residents of the Town;
The provision of housing counseling services by not-for-profit corporations who are authorized by the U.S. Department of Housing and Urban Development to provide such services.
For the purposes of this chapter, 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 section. 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.
[Amended 1-9-2009 by L.L. No. 2-2009]
The Town Board of the Town of East Hampton hereby establishes an Advisory Board to review and make recommendations regarding the Town Community Housing Opportunity Fund. Such Board shall consist of 7 legal residents of the Town who shall serve without compensation. No member of the Town Board shall serve on the Board. Where a village has elected to participate in the Fund, as provided in § 160-6 of this chapter, the Board shall include at least one resident of a participating village. The Board shall act in an advisory capacity to the Town Board.
The Town Board shall adopt a Town housing implementation plan for the provision of community housing opportunities by the Fund. Said plan must adhere to the following principles:
Public investment. To account for and minimize social, economic, and environmental costs of new development, including infrastructure costs, and loss of open space and agricultural land;
Development. To encourage development in areas where infrastructure is available or practical;
Conservation. To protect, preserve, and enhance the Town's resources, including agricultural land, forests, surface waters, groundwater, recreation and open space, scenic areas, and significant historic and archeological sites;
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 community development with development of neighboring communities;
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, brown field redevelopment, enhanced beauty in public spaces, and diverse and community housing in close proximity to places of employment, recreation, and commercial development;
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;
Consistency. To insure predictability in building and land use codes;
Community collaboration. To provide for and encourage a collaborative community-based effort, that includes long-term land use and permit predictability and coordination, efficient decision making and planning implementation.
Such plan may include the establishment of a map or maps that delineate the housing implementation recommendations proposed by the Town.
The plan shall not be adopted until after a public hearing has been held by the Town Board. Said plan shall be updated at least once every five years. Said plan shall be adopted before monies may be expended from the fund.
The Town housing implementation plan shall be an element of the Town Comprehensive Plan.
The housing implementation plan shall also provide for income and other eligibility requirements for community housing, including any eligibility preference that may be given based upon residency or other criteria. Said plan shall also provide for the legal mechanism that shall be employed to maintain the housing stock created pursuant to this section at community housing levels. The resale of community housing to the public for occupancy created pursuant to this section to other than income eligible households shall be prohibited.
The participation of a village in the community housing opportunity program established by this chapter 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.
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, in order to establish the rights and responsibilities of each government regarding community housing opportunities.