Owner-occupied moderate-income family dwelling unit ("MIFDU"), in accordance with the following requirements:

Tenant-occupied MIFDU, in accordance with the following requirements:

Accessory uses as set forth in and regulated by § 280-13C(1), (2), (3), (4), (6) and (7) of this chapter.

Accessory apartments are permitted only within owner-occupied MIFDUs, subject to the written approval of the Government Liaison Officer, the issuance of a rental permit in accordance with § 280-13D and the following conditions:

The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider:

This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent.

Approval by the Town Board of a preliminary development concept plan.

Approval of the final, detailed subdivision plat or site plan by the Planning Board. In an AHD zone, § 280-137A(5) is inapplicable, and the allowable density of MIFDUs shall be determined by the following yield calculation:

The zoning classification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.*

Within 45 days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly.

Revocation; extension.

No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this article and in accordance with the procedures and standards for site plan approval as set forth in Article XXIV of this chapter.

Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chapter 240, Subdivision of Land, of the Town Code.

An owner of an improved or unimproved parcel of property within the AHD District shall, at least 30 days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Government Liaison Officer. Within 20 days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the sale comply with the provisions of this chapter relating to the resale of AHD parcels.

That an improved or unimproved parcel of property within the AHD District shall not be conveyed without written approval of the Southold Town Board.

The leasing of an improved or unimproved parcel of property or portion thereof shall be by written lease.

An owner of an improved or unimproved parcel of property within the AHD District shall, at least 14 days prior to entering into a lease with regard to said parcel, provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed lease to the Town Board and to the Government Liaison Officer. Within seven days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the lease comply with the provisions of this chapter relating to the leasing of AHD parcels.

An owner of an improved or unimproved parcel of property within the AHD District shall not lease the property without obtaining the written approval from the Town of Southold.

On land within an AHD District each dwelling unit and/or unimproved lot located therein shall be reserved for sale or lease to moderate-income families registered with the Town of Southold Housing Registry. At least 50% of available homes shall be offered for sale or lease to eligible applicants whose income does not exceed 80% of the HUD median income for the County of Suffolk.

Dwelling units in an AHD District reserved for moderate-income families must be resold to moderate-income families who are registered with the Government Liaison Officer as eligible and in need of housing. In an effort to ensure perpetual affordability, the maximum resale price shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Government Liaison Officer who will submit such improvements to the Housing Advisory Commission for determination of: (a) whether the capital improvement is warranted; and (b) if warranted, the value of appreciation to the property at time of improvement; and (c) the value (if any) upon resale. The Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e., sales, resales, capital improvements, etc.).

Unimproved lots in an AHD District reserved for registered moderate-income families must be resold to moderate-income families. The maximum resale price shall not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses.

Where an unimproved lot in an AHD District reserved for moderate-income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in § 280-30E(1) hereof.

The Government Liaison Officer shall be responsible for the administration of dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts pursuant to the provisions of this article.

The Government Liaison Officer shall promulgate and maintain information and documentation of all dwelling units and unimproved lots reserved for moderate-income families in all AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Government Liaison Officer shall maintain such other records and documents as shall be required to properly administer the provisions of this article.

Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Government Liaison Officer, together with a copy of any agreements and/or covenants relating thereto.

Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Government Liaison Officer, together with copies of any agreements and/or covenants relating thereto.

Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Government Liaison Officer.

Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Government Liaison Officer, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots.

No building permit or certificate of occupancy may be issued by the Building Inspector until the Government Liaison Officer has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this article.

The Government Liaison Officer shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Government Liaison Officer. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy.

On or before March 31 of each year, the Government Liaison Officer shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year.

The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Government Liaison Officer on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this article and Chapter 280 of the Town Code.

When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two years.

An applicant for a certificate of eligibility aggrieved by any determination of the Government Liaison Officer shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals.

The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board.