§ 85-281. Affordable housing.  


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  • 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), and 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) § 699-b are to be deemed as superseding such special law pursuant to and in conformance with all of the aforementioned and via Municipal Home Rule Law § 22.
    A. 
    Minimum requirements. A minimum of 10% of all units permitted pursuant to § 85-280 shall be maintained as workforce or affordable units. In no case shall less than one affordable or workforce unit be provided. All fractions shall be rounded up to the nearest whole number.
    B. 
    Units designated as affordable housing units in accordance with Town guidelines shall not be subject to Pine Barrens redemption pursuant to § 85-280D.
    (1) 
    Affordable housing units shall be offered for sale or offered for rent that is affordable to households at or below 80% of the median income according to household size for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.
    (2) 
    Affordable and workforce housing units shall be affordable in perpetuity. Applicants/Owners shall enter into a contract with a local not-for-profit housing advocacy group to administer the affordability of the housing units.
    C. 
    "Affordable housing" shall be defined as housing for individuals and families at or below 80% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development. "Workforce housing" shall be defined as housing for individuals and families at or below 120% of the median income for the Nassau-Suffolk primary metropolitan statistical area as defined by the Federal Department of Housing and Urban Development.