Riverhead City Zoning Code
PART 6
Long Island Workforce Housing Act
§ 301-357 Purpose.
Town of Riverhead has long been proactive in providing affordable housing opportunities of every type within the Town to address the needs of its residents. The Town has not only created new affordable housing and acquired land for that purpose, it also maintains a robust residential repair program which serves its most vulnerable residents by providing free repairs to income eligible who are elderly, veterans or otherwise qualified individuals and families. These programs require consistent and significant funding which is not always available. Accordingly, the Town Board has determined that the best means of continuing to provide safe and affordable housing is to utilize the provisions of the Long Island Workforce Housing Act[1] to provide affordable housing and create a fund that will allow the Town to continue and improve the affordable housing opportunities for Town residents.
§ 301-358 Definitions.
As used in this section, the following terms shall have the meanings indicated:
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.
A map submitted in furtherance of a realty subdivision application, approved by the Riverhead Planning Board, which identifies the development density of a parcel of land. Any density bonus afforded by the Long Island Workforce Housing Act shall be predicated upon and calculated using this map.
A density increase of 10% over the otherwise maximum allowable residential density pursuant to a yield map approved by the Riverhead Planning Board in connection with a major residential subdivision proposing five or more residential lots, or 10% over the allowable floor area ratio if part of a mixed-use development site plan application under the applicable zoning ordinance and comprehensive plan as of the date of the application, excluding the Residence A-40 (RA40) Zoning Use District. All density calculations resulting in fractional units shall be rounded up to the nearest whole number. All units resulting from the density bonus afforded by this article shall be affordable workforce housing units. The granting of a density bonus shall not require, in and of itself, a comprehensive plan amendment, zoning change, or other discretionary local approval provided same is consistent with the applicable zoning ordinance and comprehensive plan for the Town of Riverhead. 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.
The Director of the Town of Riverhead Community Development Agency.
A fee, equal to two times the median income for a family of four for the Nassau-Suffolk Primary Metropolitan Statistical Area, as defined by the Federal Department of Housing and Urban Development, for each additional unit which results, or would have resulted, from the density bonus, except that when 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, or the equivalent thereof, for each additional unit created by the density bonus.
§ 301-359 Application and administration.
[Amended 12-19-2023 by L.L. No. 26-2023]
A.
When a subdivision plan of five or more residential units proposing the maximum allowable residential density pursuant to an approved yield map in any zoning use district other than and excluding the RA40 Zoning Use District is being considered by the Planning Board, the Planning Board shall make a determination whether to allow a development density bonus as afforded by the Long Island Workforce Housing Act,[1] require the developer to provide other land and construct the required affordable workforce housing units that are not part of the applicant's current subdivision plat, but which must be provided on another site within the Town, within the same hamlet and school district, or in the alternative, to require the developer to deposit, pursuant to General Municipal Law § 699-b, Subdivision 1(c)(i), the required fee in lieu of density bonus to a workforce housing fund to be administered by the Community Development Agency, as set forth in § 699-b, Subdivision 1(c)(i) of the General Municipal Law. In the case of a realty subdivision, such fee shall be paid prior to the Planning Board Chairman signing the Subdivision Map.
(1)
In determining whether to utilize the density bonus, require the applicant to construct affordable units off-site, or require the fee in lieu of density bonus, the Planning Board shall first consider the recommendation of the Administrator of the Department of Land Management. When making said recommendation, the Department of Land Management Administrator, in consultation with the Town Attorney and the Community Development Agency Director, shall ensure compliance with the purpose and intent of the Zoning Use District and the Town's Comprehensive Plan.
B.
When a site plan proposing five or more residential units and the maximum allowable floor area ratio pursuant to that zoning district in which it is located is being considered by the either the Planning Board or the Town Board in any zoning use district other than and excluding the RA40 Zoning Use District, the applicable Town agency, to wit, shall make a determination whether to allow a development density bonus as afforded by the Long Island Workforce Housing Act, require the developer to provide other land and construct the required affordable workforce housing units that are not part of the applicant's current site plan, but which must be provided on another site within the Town, within the same hamlet and school district, or in the alternative, to require the developer to deposit, pursuant General Municipal Law § 699-b, Subdivision 1(c)(i), the required fee in lieu of density bonus to a workforce housing fund to be administered by the Community Development Agency, as set forth in § 699-b, Subdivision 1(c)(i) of the General Municipal Law. In the case of a site plan application, such fee shall be paid prior to the signature of the Planning Board Chairman or the Town Supervisor on the Mylar.
(1)
In determining whether to utilize the density bonus, require the applicant to construct affordable units off-site, or require the fee in lieu of density bonus fee, the applicant Town agency, to wit, shall first consider the recommendation of the Administrator of the Department of Land Management. When making said recommendation, the Department of Land Management Administrator, in consultation with the Town Attorney and the Community Development Agency Director, shall ensure compliance with the Town's Comprehensive Plan.
C.
The Residence A-40 Zoning Use District, which is excluded from Subsections A and B of this article, currently has a workforce housing option applicable to the RA40 Zoning Use District which allows an increased development yield of 100%, provided that 100% of the increased development yield within the subdivision is reserved exclusively for affordable workforce housing, pursuant to Town Code, Chapter 301, Attachment 2. In order to comply with the Long Island Workforce Housing Act, a developer must provide a minimum increased development density of 10% above that which is shown on an approved yield map. Any residential units above what is shown on an approved residential yield map shall be reserved for affordable workforce housing.
D.
The provisions of this article shall not apply when an applicant elects a lesser percentage than the maximum allowable residential density, as established by an approved yield map a for subdivision plans, or per the maximum allowable floor area if part of a site plan application proposing five or more residential units.
E.
All workforce housing created pursuant to the General Municipal Law shall remain affordable in perpetuity, and shall comply with the provisions of § 301-359F of this article. The Town shall ensure that all affordable workforce housing units created pursuant to this article remain affordable. Thus, subsequent purchasers of such units shall have at the time of purchase, pursuant to the definition of "affordable workforce housing" herein, an income at or below 130% of the median income for the Nassau-Suffolk Primary Statistical Area, as defined by the Federal Department of Housing and Urban Development.
F.
Covenants and restrictions.
(1)
To ensure continued compliance with § 699-b, Subdivision 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 § 301-361 of this article. In addition, the restrictions set forth in this article shall be equally applicable to affordable workforce housing.
(2)
The responsible agency, to wit, may establish such other restrictions as it deems necessary during the review process.
(3)
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 Land Management with a copy of the recorded instrument before an application for a building permit will be accepted for filing.
§ 301-360 Affordable housing trust and agency fund.
A.
Any funds that are deposited and held under the control of the Town of Riverhead pursuant to the General Municipal Law as set forth above shall be deposited in the Affordable Housing Trust and Agency Fund for the purposes set forth in § 699-b(1)(c)(1) of the General Municipal Law and administered by the Community Development Department for the purposes of advancing the construction of, acquisition of land or the rehabilitation of affordable housing within the Town of Riverhead.
§ 301-361 Sale and resale of affordable units.
A.
The Town of Riverhead Community Development Agency shall monitor the sale and resale of all affordable units for compliance with this article. All contracts of sale shall be provided by the Agency, and shall not be amended except as authorized by the Community Development Agency director. The Director may preapprove the Developer's standard contract of sale in advance.
B.
Initial sales price. The initial sale price of each newly created affordable unit shall be calculated based upon the Nassau-Suffolk median income for a family of four at the time of the Town's lottery announcement, and shall remain at that price until all of the initial units are sold, as follows:
(1)
For developments requiring the construction of only one affordable unit, the initial sale price of the unit shall be an amount equal to 80% of the Nassau-Suffolk median income for a family of four multiplied by 2.5.
(2)
For developments in which more than one affordable unit is required, the initial sale price of half the units shall be an amount equal to 80% of the Nassau-Suffolk median income for a family of four multiplied by 2.5. If the developer can demonstrate to the satisfaction of the Director of the Town of Riverhead Community Development Agency sufficient justification for the construction of one or more units containing additional square footage, such as additional bedrooms or a bathy over the number required, the initial sale price of such units shall be 130% of the Nassau-Suffolk median income for a family of four multiplied by 2.1. In no event shall these larger units comprise more than half of the number of affordable units. In the event an odd number of affordable units is required, the initial sale price of the additional unit shall be an amount equal to 80% of the Nassau-Suffolk median income for a family of four multiplied by 2.5.
(3)
In commercial zones where units are constructed in a mixed-use setting and such units are offered for sale, 50% of the required affordable units may be one bedroom and 50% may be studios with the initial sale price of the one bedroom units equal to 80% of the Nassau-Suffolk median income for a family of four multiplied by 2.3, and the initial sale price of the studio units equal to 80% of the Nassau-Suffolk Median income for a family of four multiplied by 2.2. In the event an odd number of affordable units are required, the Director of the Town of Riverhead Community Development Agency shall determine whether the unit is a studio or one bedroom, as circumstances warrant.
C.
Resale of affordable units.
(1)
All purchased must be approved by the Town of Riverhead Community Development Agency and taken from a waiting list maintained by the Agency or its designee. Any individual interested in selling an affordable unit must notify the agency in writing that the unit is for sale, and the Agency shall notify the prospective seller of the next qualified applicant in the order of their appearance on the Agency-maintained list, until a qualified purchaser has agreed to purchase the available unit.
(2)
Ownership of affordable units may not be transferred by will, devise, intestacy, gift, purchase on the open market, or otherwise, except than an affordable unit may be conveyed by its owner to a trust, provided that the owner is a beneficiary of the trust and the terms of the trust require that the trustee, within 120 days of the date of the beneficiary's death, or the date when the unit is no longer being used as the beneficiary's primary residence (domicile), notify the affordable housing program administrator and offer the unit for sale to the next eligible applicant. Prior to conveying an affordable unit to a trust, a copy of the trust instrument shall be provided to, and approved by, the Agency Director. Title may also be transferred to a court-appointed referee in mortgage foreclosure proceedings, provided the unit is offered for sale and transferred to the next eligible applicant in accordance with the provisions of this legislation, and a copy of the order of reference and order of sale is provided to the Director.
(3)
Resale prices shall be restricted and calculated using the initial sales price increased by the cumulative annual increases of the consumer price index (CPI). Notwithstanding any other provision to the contrary, the resale price of an affordable unit may be increased by an amount not to exceed 50% of the documented capital improvements made by the seller, as approved by the Director, up to a maximum amount of $10,000.
(4)
Prior to closing, a copy of the executed contract of sale shall be provided to the Town of Riverhead Community Development Agency 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 which are not reflected in the contract of sale.
(5)
Affidavit of owner. The Town of Riverhead Community Development Agency or other housing administrator may, at its discretion, require owners of affordable units under their jurisdiction to verify that their unit is their domicile (primary residence) by signing an annual affidavit and disclosure statement.
§ 301-362 Financial qualifications of purchaser; management of applications.
A.
In order to qualify as an eligible purchaser of an affordable unit in all zoning use district, the annual household income may not exceed 130% of the Nassau-Suffolk median income adjusted by family size at the time of formal application to the Town of Riverhead Community Development Agency. Applicants who have an annual household income of up to 80% of the Nassau-Suffolk median income adjusted by family size shall be eligible for the lower priced affordable units and those whose annual household income is between 81% and 130% of the Nassau-Suffolk median income adjusted by family size shall be eligible for the higher priced units. In all cases, applicants may have not assets, which, after deduction of the down payment and estimated closing costs, exceed 25% of the contract sale price for nonage-restricted housing and 100% of the contract sale price for age restricted housing.
B.
An applicant must have adequate resources and credit to qualify for a home mortgage.
C.
Applicants who are residents of the Town of Riverhead or who provide documented employment by a business or entity that maintains a verifiable physical location within the Town of Riverhead, or nonresidents who have parents, children, grandchildren or grandparents who are residents of the Town of Riverhead shall have priority to purchase affordable units. Applicant who do not meet the above criteria may also enter a Town affordable housing lottery.
D.
Waiting list. A list of potential purchasers for affordable 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.
§ 301-363 Affordable rental units.
A.
The Town of Riverhead Community Development Agency shall monitor the rental of all affordable units for compliance with this article. All lease agreement must be approved by the Agency, and shall not be amended except as authorized by the Director. The Director may preapprove the developer's standard lease agreement in advance.
B.
Rental unit developments. In development where the units are specifically approved for rental, the monthly rental price in all zoning districts shall be no greater than 80% of the HUD fair market rental value for Nassau-Suffolk County in effect at the time of the execution of the lease agreement, provided all utilities are included in the rental price. If all utilities are not included, the monthly rental price shall be no greater than 80% of the HUD fair market rental value for Nassau-Suffolk County reduced by the monthly utility allowance in effect at the time the lease agreement is executed.
C.
No lease shall be transferred or assigned.
D.
Prior to occupancy of a leased unit, a copy of the executed lease agreement shall be provided to the Town of Riverhead Community Development Agency along with an executed and sworn affidavit by the landlord and tenant, attesting that the lease agreement is true and accurate, and that there are no other agreements between the parties, and that the tenant has not and will not pay any amounts to the landlord which are not reflected in the lease agreement.
§ 301-364 Financial qualifications of renters and prospective tenants.
Prospective tenants will be subject to a credit check by the developer/sponsor of the unit prior to confirming program income eligibility to the Town of Riverhead Community Development Agency. The annual household income of prospective tenants in all zoning districts shall not exceed the following thresholds at the time of application and at the time the lease is signed: