Brookhaven City Zoning Code
Article
XIII Affordable and Workforce Housing
§ 85-166 Legislative intent and purpose.
Purpose. It is the intent of the Town of Brookhaven to provide a diversity of housing types to meet the economic needs of its residents, and to do so in a manner that supports providing affordable and workforce housing units within the Town, and, further, is consistent with the intent and goals set forth in New York State General Municipal Law Article 16-A, the Long Island Workforce Housing Act. It is the policy of the Town of Brookhaven that no homeowner, landlord, applicant or client shall be discriminated against because of race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, parental status, family medical history or genetic information, political affiliation, military service or any other non-merit-based factor. It is the intent of this section of legislation, to be adopted pursuant to the Town's Home Rule authority pursuant to and in conformance with: New York State Constitution Article IX, § 2(c); Municipal Home Rule Law § 10(1)a(1), (3), (11), and (12); § 10(1)d(3); Municipal Home Rule Law § 20; New York State Town Law Article 4, § 64(23); New York State Town Law Article 16; and any other applicable or successor law, presently in existence or hereinafter enacted, said adoption to be done to the extent that provisions of same which exceed those requirements established pursuant to General Municipal Law (GML) Article 16-A, including § 699-a(1) and (2), and § 699-b(2), are to be deemed superseded by such special law pursuant to and in conformance with all of the aforementioned and via Municipal Home Rule Law § 22.
§ 85-167 Development requirements.
The provisions of this article shall apply to any change of zone application, subdivision, resubdivision, site plan or any other development of land in all zoning districts where five or more residential lots or dwelling units are proposed, or a mixed-use development that incorporates five or more residential lots or dwelling units.
A.
For land use applications subject to this section, a minimum of 10% of all residential lots or dwelling units shall be maintained as affordable and/or workforce housing units. Of the required 10%, at least half of such units shall be designated as affordable homeownership housing or affordable rental housing as defined herein.
(1)
In the case that only one such unit is required, the unit may be designated as workforce homeownership housing or workforce rental housing.
B.
For land use applications subject to this section, the applicant shall receive a density bonus over the density of development. For land use applications involving Multifamily Residence Districts, the density bonus shall be based upon the density of development, and shall not be based upon the proposed density as may be permitted by code.
C.
The number of affordable and workforce housing units to be provided shall be determined as part of any Town Board or Planning Board application, whichever application is processed first.
D.
The provisions of this section shall not apply when an applicant elects a lesser percentage than the maximum allowable density of development in effect as of the date of the application.
E.
In lieu of the requirements set forth in this section, the applicant may seek Town Board approval for an alternate off-site location for the construction of the required 10% affordable and workforce homeownership housing units or affordable and workforce rental housing units, provided the secondary off-site location is within the same school district as the primary market-rate site. Of the required 10%, at least half of such units shall be designated as affordable homeownership housing units or affordable rental housing units as defined herein.
F.
In lieu of the requirements set forth in this section, the applicant may propose the payment of a fee equal to two times the area median income for a family of four for Nassau-Suffolk Counties as determined by HUD for each additional unit which results, or would have resulted, from the density bonus. If such fee exceeds the appraised value of each lot resulting from such density bonus, then such fee shall be equal to the appraised value of the lot or lots for each additional unit created by the density bonus.
(1)
All fees shall be collected by the Commissioner of Housing and Human Services and be paid to the Housing Trust Fund for the specific purpose of financing affordable and workforce housing initiatives that increase the number of available affordable and workforce housing units, including but not limited to renovation to existing homes, downpayment assistance, purchase of land, construction of affordable and workforce homes, purchase of homes, rent assistance, sewer district extension or connection, mortgage assistance, purchase subsidies, and planning studies to identify and implement housing initiatives.
(2)
At the discretion of the Town Board, the Housing Trust Fund may be used to assist another local government within Suffolk County, pursuant to an intermunicipal agreement, to be kept in trust and separate and apart from all other monies of such other local government, for the specific purpose of constructing affordable and workforce housing, acquiring land for the purpose of providing affordable and workforce housing or rehabilitating structures for the purpose of providing affordable and workforce housing within such other local government.
G.
The following shall be established conditions of approval for affordable and workforce housing units, whether or not specifically incorporated into any change of zone, site plan or subdivision approval:
(1)
Unless approved by the Town Board, the units shall not be age-restricted except in the PRC, PRCHC or PDD Districts.
(2)
Thirty percent of the non-age-restricted units shall have two or more bedrooms.
(3)
The exterior of the units shall be of consistent design to those of the rest of the development, as determined by the Planning Board. The units shall be distributed among market-rate housing, except as otherwise provided herein.
(4)
Builder's upgrades shall not be permitted in the units.
H.
Covenants and restrictions. To insure continued compliance with this section, all affordable and workforce housing 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 this section. The covenants shall contain any other applicable restrictions established by the Town Board or Planning Board approval.
(1)
The applicant shall enter into a contract with a local housing group to administer the affordability of the housing units, and to monitor the sale, resale and rental of all units for compliance with Town Code and New York State laws.
(2)
All deeds transferring title to affordable homeownership housing units and workforce homeownership housing units shall contain a reference to the Liber and Page of the recorded covenants and restrictions.
(3)
The covenants and restrictions for the affordable homeownership housing units and workforce homeownership housing units shall not apply and shall be deemed extinguished in the following three instances:
(a)
When title is transferred by a court-appointed referee to a commercial bank, savings and loan association, credit union, savings bank, national bank, licensed funding company, licensed mortgage banker or the State of New York Mortgage Agency, its successors and/or assigns (hereinafter referred to as "institutional lenders"), pursuant to the actual foreclosure of their mortgage lien or when the delivery of the deed is directly to such mortgagee by the defaulting mortgagor given in lieu of foreclosure; or
(b)
When title is subsequently transferred by said foreclosing institutional lender to a third party; or
(c)
When title is conveyed to a party by virtue of a deed issued by a referee naming it as the grantee pursuant to the foreclosure of a mortgage loan given by an institutional lender described in the preceding subsection.
(4)
Said covenants and restrictions shall be prepared by the applicant and submitted to the Office of 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 its own expense, and provide the Commissioner of Housing and Human Services with a copy of the recorded instrument. Covenants and restrictions shall be noted on any map or plan signed by the Chairman of the Planning Board.
§ 85-168 Building permits and certificates of occupancy.
A.
Affordable and workforce housing units shall be developed in advance of or at the same time as market-rate units. The Town may impose such covenants and restrictions to aid in the enforcement of this section as it may deem advisable.
(1)
On-site units. In order to ensure that on-site affordable and workforce housing units are developed in a timely fashion, evidence of compliance with this section must be provided prior to the issuance of certificates of occupancy for the final 10% of units approved.
B.
Sale, resale and rental of affordable and workforce housing units. The applicant shall enter into a contract with a local housing group to administer the affordability of the housing units, and to monitor the sale, resale and rental of all units for compliance with Town Code and New York State laws. Proof of such contract shall be provided to the Commissioner of Housing and Human Services prior to the issuance of any certificate of occupancy for any approved dwelling units.
§ 85-169 Affordable and workforce rental housing units.
The owner of any rental unit development shall enter into a contract with a housing group for the continued monitoring and maintenance of units designated as affordable and workforce rental housing units. Proof of such contract shall be submitted to the Commissioner of Housing and Human Services prior to the issuance of any certificates of occupancy.
B.
Affordable rental housing units. In developments where the units are specifically approved for rental, the monthly rental price shall be no greater than 30% of 50% of the HUD area median income for Nassau-Suffolk Counties in effect at the time of the execution of the lease agreement based on the expected occupancy of the unit, provided all utilities are included in the rental price. If all utilities are not included, the monthly rental price shall be no greater than 30% of 50% of the HUD area median income for Nassau-Suffolk Counties based on expected occupancy of the unit reduced by the monthly utility allowance in effect at the time the lease agreement is executed. Nothing herein shall supersede any state or federally sponsored rental subsidy guidelines.
C.
Workforce rental housing units. In developments where the units are specifically approved for rental, the monthly rental price shall be no greater than 30% of 65% of the HUD area median income for Nassau-Suffolk Counties in effect at the time of the execution of the lease agreement based on the expected occupancy of the unit, provided all utilities are included in the rental price. If all utilities are not included, the monthly rental price shall be no greater than 30% of 65% of the HUD area median income for Nassau-Suffolk Counties based on expected occupancy of the unit reduced by the monthly utility allowance in effect at the time the lease agreement is executed. Nothing herein shall supersede any state or federally sponsored rental subsidy guidelines.
D.
Financial qualifications of prospective tenants.
(1)
In order to qualify as an eligible lessor of an affordable rental housing unit, the household income shall be calculated at or below 50% of the HUD area median income for Nassau-Suffolk Counties based on family size.
(2)
In order to qualify as an eligible lessor of a workforce rental housing unit, the household income shall be calculated at or below 80% of the HUD area median income for the Nassau-Suffolk Counties based on family size.
(3)
No lease shall be transferred or assigned.
E.
Prior to occupancy of a leased unit, a copy of the executed lease agreement shall be provided to the housing group, 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 that are not reflected in the lease agreement.
§ 85-170 Affordable and workforce homeownership units.
A.
The developer of any homeownership housing units shall enter into a contract with a housing group to monitor the sale of all units designated as affordable and workforce homeownership housing units. Any homeowners' association, condominium board or co-op board shall enter into a contract with a housing group to monitor the resale of all units designated as affordable and workforce homeownership housing units. Proof of such contract shall be submitted to the Commissioner of Housing and Human Services prior to the issuance of any certificates of occupancy.
(1)
Initial contract sale price.
(a)
The maximum initial contract sale price for an affordable homeownership housing unit shall be an amount equal to 80% of the current HUD area median income for Nassau-Suffolk Counties for a family of three multiplied by 2.5.
(b)
The maximum initial contract sale price for a workforce homeownership housing unit, after any available subsidies, shall be an amount equal to 120% of the current HUD area median income for Nassau-Suffolk Counties for a family of three multiplied by 2.5.
(2)
Resale price.
(a)
The initial sale price for each affordable and workforce homeownership housing unit shall be increased annually by the Consumer Price Index from the date of the initial contract up to the time that notice of resale is provided.
(b)
Notwithstanding any other provision to the contrary, the resale price of an affordable and workforce homeownership housing unit may be increased by an amount not to exceed 100% of the documented capital improvements made by the seller, as approved by the housing group, up to a maximum amount of $20,000.
(c)
All contracts of sale must be submitted to the Commissioner of Housing and Human Services prior to execution for review and written approval of the resale price.
B.
Ownership type. Units shall be owner-occupied and shall be the owner's primary residence. The owner shall be prohibited from renting the unit.
C.
Financial qualifications of prospective purchasers/owners.
(1)
Purchase price.
(a)
Affordable homeownership housing units. In developments where the units are specifically approved for homeownership, the purchase price shall be no greater than the purchase price affordable to those with household incomes at or below 80% of the area median income based on family size for Nassau-Suffolk Counties as determined annually by the Federal Department of Housing and Urban Development ("HUD") at the time of the execution of the contract of sale.
(b)
Workforce homeownership housing units. In developments where the units are specifically approved for homeownership, the purchase price shall be no greater than the purchase price affordable to those with household incomes at or below 120% of the area median income based on family size for Nassau-Suffolk Counties as determined annually by the Federal Department of Housing and Urban Development ("HUD") at the time of the execution of the contract of sale.
(2)
Assets.
(a)
For non-age-restricted housing, applicants may not have assets that, after deduction of the downpayment and estimated closing costs, exceed 25% of the contract sale price.
(b)
For age-restricted housing, applicants may not have assets that, after deductions of downpayment and estimated closing costs, exceed two and a half times the contract sale price.
(3)
Credit. Applicants must have adequate credit to qualify for a home mortgage if the applicant(s) is not able to establish sufficient funds to pay the purchase price and estimated closing costs.
(4)
Counseling. All applicants shall be required to attend pre-purchase/mortgage counseling provided by the housing group.
(5)
Approval.
(a)
In homeownership developments with a homeowners' association, condominium board or co-op board, all purchasers must be qualified by the housing group and selected from a waiting list, if any. Any individual interested in selling an affordable or workforce homeownership housing unit must notify the housing group in writing that such unit is for sale. The housing group may notify the prospective seller of the next qualified applicant in the order of their appearance on the waiting list until a qualified purchaser has agreed to purchase the available unit.
(b)
In the event there is no waiting list, the seller shall be obligated to find its own purchaser who is subject to the provisions set forth herein and the homeowner shall refer the purchaser to a housing group to confirm income eligibility requirements. If after 12 months of active real estate marketing for sale the homeowner has not found a qualified purchaser, the homeowner may make an application to the Town Board for relief of covenants required pursuant to this section to sell such unit at market rate to a non-qualified purchaser. Upon approval of such relief, the homeowner shall enter into an agreement with the Town that states that the difference between the final market-rate sale price and the allowable affordable sale price per the Consumer Price Index (CPI) shall be deposited in the Housing Trust Fund.
(c)
In homeownership developments where no homeowners' association, condominium board or co-op board exists, the homeowner of an affordable or workforce homeownership housing unit may contract with a housing group to find eligible purchasers. Should the homeowner find a purchaser without contracting with a housing group, the seller shall be obligated to find its own purchaser who is subject to the provisions set forth herein and the homeowner shall refer the purchaser to a housing group to confirm income eligibility requirements.
(d)
Prior to closing, a copy of the executed contract of sale shall be provided to the housing group 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 that are not reflected in the contract of sale.
§ 85-171 Ongoing monitoring requirements; certification.
A.
Rental housing units. The housing group shall annually reexamine or cause to be reexamined the eligibility of each affordable and workforce rental housing unit occupant household.
(1)
The housing group shall, on an annual basis, notify the owner or manager of the rental units, in writing, as to the rent, sales and income eligibility requirements for affordable and workforce rental housing units based upon figures derived from the preceding year, in accordance with this chapter, unless otherwise provided for under applicable statute, local law, or ordinance.
(2)
Tenant certification. The housing group shall certify tenants annually as to their income-eligibility and conformity with the provisions of this chapter.
(3)
Owner certification. The owner or manager of rental units reserved for income-eligible households shall, on an annual basis, certify in writing to the Commissioner of Housing and Human Services, or its agent, that occupancy of all affordable and workforce rental housing units complies with the provisions of this chapter.
(4)
The housing group shall file with the Commissioner of Housing and Human Services a list of owners or managers of record for said affordable and workforce rental housing units that have failed to comply with the owner certification provisions of this section.
B.
Homeownership housing units. The housing group shall annually reexamine or cause to be reexamined the ownership and occupancy of each affordable and workforce homeowner housing unit.
(1)
The housing group shall, on an annual basis, submit a written request, to the owner of units reserved for income-eligible households, concerning compliance with applicable provisions of this chapter, and restrictive covenants governing affordable and workforce homeowner housing unit ownership restrictions.
(2)
The housing group shall file with the Commissioner of Housing and Human Services a list of owners of record for said affordable and workforce homeownership housing units that have failed to comply with the owner certification provisions of this section.
(3)
The housing group shall confirm compliance with affordable and workforce homeownership housing unit ownership restrictions upon resale or transfer of such unit.
§ 85-172 Exemptions.
Change of zone applications approved and effective, and/or land use applications that have been deemed complete by the Division of Planning, Environment and Land Management prior to the effective date of §§ 85-166 through 85-173 shall be exempt from the provisions herein, except that any approval shall require a minimum of 10% of all residential lots or dwelling units to be maintained as affordable and/or workforce housing units.
§ 85-173 General severability.
If any clause, sentence, paragraph, section or item of §§ 85-166 through 85-173 shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair nor invalidate the remainder hereof; but such adjudication shall be confined in its operation to the clause, sentence, paragraph, section or item directly involved in the controversy in which such judgment shall have been rendered.
§ 85-174 Ecke Avenue Community Land Trust Housing Overlay District.
[Added 6-12-2025 by L.L. No. 9-2025, eff. 6-27-2025]
A.
Legislative intent and purpose.
(1)
It is the intent of the Town of Brookhaven to provide a diversity of housing types to meet the economic needs of its residents, and to do so in a manner that supports providing affordable housing units within the Town. It is the policy of the Town of Brookhaven that no person or entity shall be discriminated against because of race, color, religion, sex, national origin, age, marital status, disability, sexual orientation, parental status, family medical history, source of income, genetic information, political affiliation, military service or any other basis prohibited by law.
(2)
The Town of Brookhaven, the County of Suffolk and the Long Island Housing Partnership, and its affiliates, have developed a plan for the construction of approximately 32 single-family homeownership units, each with an accessory apartment to be constructed and maintained as Community Land Trust Housing. Twenty-nine parcels of land contained within this overlay district have been acquired by the above entities.
(3)
In furtherance of this intent, the Town of Brookhaven is desirous of authorizing the Ecke Avenue Community Land Trust Housing Overlay District (hereinafter "the District" or "the Overlay District") to provide and develop Community Land Trust Housing for low-income (80% AMI or below) households in the Town of Brookhaven, through the Community Land Trust.
(4)
This overlay district will consist of 29 parcels of vacant undeveloped land comprising approximately 7.346 acres on the east and west sides of Ecke Avenue between Patchogue Avenue and Hampton Avenue in Bellport, NY. Fee title to the 29 parcels will initially vest in the CLT Development Company. Thirty-two separate tax lots of substantially equal dimensions will be created on which 32 homes will be constructed, each to be sold to an income eligible purchaser as Community Land Trust Housing. A yield map has been developed depicting said parcels on a map prepared by JRH Consulting Engineers, DPC, dated May 14, 2025, and entitled "Yield Map-Ecke Avenue Community Land Trust Housing." Upon closing, fee title to the land for each parcel created by the yield map will transfer to the Community Land Trust.
B. COMMUNITY LAND TRUST HOUSING GROUND LEASE HUD LONG ISLAND HOUSING PARTNERSHIP, INC. LONG ISLAND PARTNERSHIP CLT HOUSING DEVELOPMENT FUND COMPANY, INC. LONG ISLAND PARTNERSHIP HOUSING DEVELOPMENT FUND COMPANY, INC.
Definitions.
An affordable housing development wherein a not-for-profit corporation acquires multiple parcels of land throughout a geographic area with the intention of retaining fee title ownership in the land of these parcels in perpetuity to ensure affordability. New homes are built upon the land owned by the Community Land Trust and the new homeowner(s) owns the home and improvements on said parcel(s) and obtain use of the land through a ninety-nine-year renewable ground lease. The homes are sold to eligible purchasers with household income at or below 80% of the area median income for Nassau/Suffolk Counties as established by HUD on an annual basis and adjusted for household size. Resale restrictions are placed on each home to ensure perpetual affordability. The inclusion of an accessory apartment provides an additional benefit to the income eligible purchaser by making the home more affordable, if the homeowner elects to rent the unit. For purposes of this overlay district, the Community Land Trust Housing will be subject to the ground lease and other requirements as established by the Community Land Trust from time to time, including, without limitation, the option of the Community Land Trust to purchase the home under certain circumstances.
The ninety-nine-year ground lease, required and developed by the Community Land Trust, as may be amended from time to time by the Community Land Trust in its discretion, to be executed by each purchaser of a Community Land Trust home.
The U.S. Department of Housing and Urban Development.
A 501(c)(3) corporation which was incorporated on December 9, 1997, under § 402 of the NYS Not-for-Profit Law. This Corporation is known herein as the "Long Island Housing Partnership."
A 501(c)(3) corporation which was incorporated on October 6, 2016, under Article XI of the NYS Private Housing Finance Law and § 402 of the NYS Not-for-Profit Law whose purpose is to develop housing for low-income (80% AMI or below) households in Nassau and Suffolk Counties. This corporation is known herein as the "Community Land Trust."
Is a development company under Article XI of the NYS Private Housing Finance Law and § 402 of the NYS Not-for-Profit Law. It is a 501(c)(3) corporation whose purpose is to develop housing for low-income (80% AMI or below) households in Nassau and Suffolk Counties. This corporation is known herein as the "CLT Development Company."
C.
Designation of the Ecke Avenue Community Land Trust Overlay District.
(1)
The Ecke Avenue Community Land Trust Overlay District is hereby created. The following Suffolk County Tax Map parcel numbers shall be the parcels contained within the overlay district created herein (or as may be consolidated, apportioned, adjusted, divided or renumbered):
0200-959.00-03.00-027.000 | 0200-973.80-05.00-048.001 | 0200-973.80-06.00-001.000 |
0200-959.00-03.00-028.000 | 0200-973.80-05.00-048.002 | 0200-973.80-06.00-002.000 |
0200-959.00-03.00-029.000 | 0200-973.80-05.00-049.000 | 0200-973.80-06.00-003.000 |
0200-959.00-03.00-030.000 | 0200-973.80-05.00-050.000 | 0200-973.80-06.00-004.000 |
0200-959.00-03.00-031.000 | 0200-973.80-05.00-051.000 | 0200-973.80-06.00-005.000 |
0200-959.00-03.00-032.000 | 0200-973.80-05.00-052.000 | 0200-973.80-06.00-006.000 |
0200-959.00-03.00-033.000 | 0200-973.80-05.00-053.000 | 0200-973.80-06.00-007.000 |
0200-959.00-03.00-034.000 | 0200-973.80-05.00-054.000 | 0200-959.00-03.00-035.000 |
0200-973.80-05.00-055.000 | 0200-959.00-03.00-036.000 | 0200-973.80-05.00-056.000 |
0200-973.80-05.00-057.000 | 0200-973.80-05.00-058.000 |
(2)
Density. The total maximum allowable density of the number of parcels to be developed as single-family dwellings with accessory apartments within the District, shall not exceed 32 and shall not exceed the total permitted density as approved by Suffolk County Department of Health Services. The yield map prepared by JRH Consulting Engineers, DPC, dated May 14, 2025, and entitled "Yield Map-Ecke Avenue Community Land Trust Housing," hereinafter "yield map," shall be deemed to be the approved yield map for purposes of this Overlay for purposes of determining the permitted density within the District.
(3)
Creation of individual lots and required improvements: The creation of each of the 32 individual lots pursuant to the yield map may be achieved by applying for lot line adjustments with a Road Improvement application, a Land Division application with a Road Improvement Application or any other application(s) determined necessary by the Commissioner of the Department of Planning, Environment and Land Management. Planning Board Applications reviewed pursuant to Town Code § 85-103, commonly known as "PBs," shall be required for each individual lot. If the proposed individual lots conform to the yield map and are in conformance with the bulk requirements contained in this Overlay District, administrative review is permitted. The Commissioner of Planning, Environment and Land Management and Superintendent of Highways shall determine the required public improvements required, in consultation with the various Town Departments, Town Divisions and other governmental agencies having jurisdiction over same. The construction of a recharge basin in conformance with Town specifications, roads built in conformance with Town specifications, drainage infrastructure in conformance with Town standards and SWPPP requirements shall be required. Performance and maintenance bonds shall be required at a value to be determined by the Superintendent of Highways. The Commissioner of Planning, Environment and Land Management may require or waive the requirements of Chapter SR, Subdivision Requirements, as required to meet the goals of this Overlay District. Nothing herein shall be construed to authorize the Commissioner of Planning Environment and Land Management to waive any requirements of any other governmental entity or requirements of New York State Law.
(4)
Merger. Any lots contained within the Overlay District shall be exempt from merger statutes contained within this chapter so long as such parcels which may otherwise be subject to merger are owned by the Community Land Trust, the CLT Development Company or their affiliates.
(5)
All units shall be deemed Community Land Trust Housing and shall meet the requirements as set forth herein and as established by the Community Land Trust from time to time.
D.
Principal uses are as follows:
(1)
One-family dwellings, except that mobile homes shall not be a permitted principal use.
E.
Accessory uses, when located on the same lot with a permitted principal use, are as follows:
(1)
Private garages.
(2)
Fences. No fence may be erected having a height greater than four feet from the ground, except as follows:
(a)
Where a residence has been erected, a six-foot fence may be erected in the rear yard, provided that, if it is on an interior lot, said six-foot fence may be erected in the rear yard to extend along the rear lot line and along the side lot lines to a point not forward of the front foundation line of the residence, and thence from said lot lines to the front point of said foundation; on a corner lot, a six-foot fence may be erected in the rear yard to extend along the rear lot line and along the secondary front lot lines, except that no such fence shall project into the required primary front yard; and on a through lot, a six-foot fence may be erected in the rear yard along the two side lot lines and the secondary front lot line. A six-foot fence in the secondary front yards on corner lots and in the secondary front yard on through lots shall be considered a structure requiring a building permit. All such fences shall comply with the site visibility requirements of this Code.
(b)
If such fence shall be erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street opposite such fence, unless such fence is of open woven wire, or other such design as will not obstruct sight visibility. Such height so measured shall not exceed 2 1/2 feet at any point within a radius of 30 feet of the corner formed by any intersecting streets. The provisions hereof shall also apply to hedges or any other densely growing shrubbery.
(c)
Use of barbed-wire fencing, ribbon-wire fencing, or electrical fencing shall be prohibited.
(5)
Detached storage sheds.
(a)
All storage sheds shall be considered structures.
(b)
Detached storage sheds, not greater than 12 feet in height above surrounding grade and not exceeding 600 square feet in floor area.
(c)
Detached storage sheds, not greater than 12 feet in height above surrounding grade and less than or equal to 144 square feet in floor area, may be located not closer than three feet to a side rear or secondary front yard property line. However, such structures otherwise shall comply with the site visibility requirements of this Code.
(6)
Greenhouses. Greenhouses, so long as the use of said structure(s) is solely incidental to the permitted principal use and otherwise conforms with the applicable dimensional requirements set forth in this chapter.
(7)
Equipment.
(a)
All equipment, including but not limited to filters, heaters and pumps, associated with the use or operation of a private swimming pool, may be located in any portion of a side or rear yard and shall not be located less than five feet from any side or rear lot line. Nothing herein shall be construed to amend, supersede or otherwise alter the requirements of Town Code Chapter 50, Noise Control.
(8)
An outdoor fireplace may be located in any portion of a side or rear yard and shall not be located less than 15 feet from any side or rear lot line and shall comply with all New York State and Town Fire Codes.
F.
Dimensional criteria.
(1)
Lot area. No building shall be erected or altered on a lot of an area less than 9,000 square feet or upon a lot having a frontage of less than 75 feet at a point 30 feet back of the street line.
(2)
Height. No building or structure shall be erected or altered to a height in excess of 35 feet or 2 1/2 stories.
(3)
Building area. The maximum total building area shall not exceed 35% of the total lot area.
(4)
Front yard. There shall be a front yard having a depth of not less than 30 feet.
(5)
Side yards. The minimum side yard total width shall be 30 feet, and no one side yard shall be less than 12 feet wide.
(6)
Rear yard. The minimum a rear yard having a minimum depth of 30 feet.
G.
Accessory buildings and structures.
(1)
Accessory buildings and structures may occupy 25% of the required rear yard and shall not exceed 18 feet in height; provided, however, that no building or structure shall be built less than five feet from any side or rear lot line nor less than 50 feet from any street line.
H.
Additional requirements.
(1)
Parking. A minimum of two off-street parking spaces per residential dwelling unit shall be provided. An accessory apartment shall be deemed a separate dwelling unit for purposes of this subsection, notwithstanding the parking provisions contained in § 85-258B(8). No on-street parking shall be permitted for the owners or residents within the District.
(2)
Curb cuts. Only one curb cut per lot shall be permitted.
(3)
All dwelling units shall be connected to a sewage treatment plant.
(4)
Basement occupancy. No finished and/or habitable space shall be permitted in the basements, if provided, including but limited to bedrooms, recreation rooms and/or offices.
I.
Community land trust affordable units.
(1)
The Community Land Trust shall enter into a contract with Long Island Housing Partnership, to monitor the sale of all units, which shall be designated as Community Land Trust Housing. Proof of such contract shall be submitted to the Town Commissioner of Housing and Human Services prior to the issuance of any certificates of occupancy.
(2)
Each purchaser of Community Land Trust Housing shall be required to enter into a ground lease on terms established by the Community Land Trust and shall be subject to the policies and procedures of the Community Land Trust as established by the Community Land Trust as in effect from time to time consistent with the provisions hereof.
(3)
Maximum income and initial contract sale price.
(a)
All Community Land Trust Housing will be available to purchasers with household income that does not exceed 80% of the area median income for Nassau/Suffolk Counties as determined by HUD on an annual basis and adjusted for household size.
(b)
The subsidized purchase price shall be no greater than the purchase price affordable to those with household incomes at or below 80% of the area median income Nassau/Suffolk Counties as determined by HUD on an annual basis and adjusted for household size. The unsubsidized and subsidized purchase price shall be established by the Community Land Trust.
(4)
Resale price and restrictions.
(a)
The initial sale price for each affordable and workforce homeownership housing unit shall be increased annually by the Consumer Price Index from the date of the initial contract up to the time that notice of intention to sell is provided. Additional resale restrictions will apply as determined by the Community Land Trust and as may be set forth in the Ground Lease.
(b)
Notwithstanding any other provision to the contrary, the resale price of an affordable and workforce homeownership housing unit may be increased by an amount not to exceed 100% of the documented capital improvements made by the seller, as approved by Long Island Housing Partnership, up to a maximum amount of $20,000.
(c)
The Long Island Housing Partnership shall confirm compliance with the Community Land Trust Housing requirements upon resale or transfer of such unit.
(5)
Additional financial qualifications of prospective purchasers/owners.
(a)
Assets. Applicants may not have liquid assets that, after deduction of the down payment and estimated closing costs, exceed 25% of the subsidized contract sale price.
(b)
Credit. Applicants must have adequate resources and credit to qualify for a home mortgage as determined by the Community Land Trust.
(c)
Counseling. All applicants shall be required to attend pre-purchase/mortgage counseling provided by the Long Island Housing Partnership.
(d)
First-time home buyer purchaser(s) must be first-time homebuyers pursuant to the Community Land Trust guidelines.
(e)
Additional terms and conditions. Purchaser must meet all requirements and qualifications established by the Community Land Trust as in effect from time to time and as determined by the Community Land Trust subject to the specific provisions contained herein.
(6)
Accessory apartments.
(a)
The purchaser is not required to rent the accessory apartment but is required to maintain the accessory apartment license and obtain, and keep in effect, all required permits and approvals from the Town for the accessory apartment unless a demolition permit for the removal of the accessory apartment is obtained, and a Certificate of Compliance for said removal is obtained from the Building Division.
(b)
If required by an applicable funding source and/or the Community Land Trust, as determined by the Community Land Trust in its sole discretion, the tenant of an accessory apartment may be subject to maximum household income requirements and maximum rents, as may be prescribed by the funding source and/or the Community Land Trust. Verification of income and tenant and owner certifications may also be required in connection with same as determined by the Community Land Trust in its sole discretion.
(7)
Monitoring.
(a)
The Long Island Housing Partnership shall, on an annual basis, submit a written request, to the owner of the Community Land Trust Housing concerning compliance with the ownership and occupancy restrictions contained herein and as otherwise set forth in the Ground Lease.
(b)
The Long Island Housing Partnership shall file with the Commissioner of Housing and Human Services and the Chief Building Inspector a list of owners of record for said affordable homeownership housing units that have failed to comply with the owner certification provisions of this section.
J.
Fees. No fees shall be charged by the Town of Brookhaven Assessor, Building Division, Division of Engineering, Division of Fire Prevention, Highway Department, or Planning Division for the construction of the homes, accessory apartments, lots and other infrastructure of the Ecke Avenue Community Land Trust Overlay District incurred up and until the issuance of the first Certificate of Occupancy for each single-family home. Any alteration, addition or other improvement wherein fees shall be due after the issuance of the Certificate of Occupancy for the homes shall be subject to all fees incurred for such changes as required pursuant to the Brookhaven Town Code and/or the Town of Brookhaven fee schedule.
K.
Conflicts. Ecke Avenue Community Land Trust Overlay District regulations are intended to supplement the regulations of the underlying zoning district(s). All development/redevelopment within this overlay district shall be subject to the requirements, procedures and guidelines specified in the section. When there is a conflict, the standards of §§ 85-174 and 85-175 will apply.
L.
Nothing herein shall be construed to prevent the Community Land Trust from providing and/or requiring more restrictive standards than those contained herein so long as same are in compliance with Federal, State and local laws.