HomeMy WebLinkAboutLL #08 2022 cc
b� COUNTY-OF SUFFOLK Commissioners
JOHN ALBERTS
BOARD OF ELECTIONS
BETTY MANZELLA
PO BOX 700
_ YAPHANK NY 11980-0700 Deputy Commissioners
(631)852500
TT
. yNq txu84� Y(631)852-4540 FAX(631)852-4590 GAIL M.LOLIS
ERIN MMERNAN
:February 9' 2023 d�
y),cE�">:
4a �� f t 1
Honorable Dennis Noncarrow y
Town Clerk, Town of Southold
Southold Town Hall E R 1 3 20,23
53095 Route 25
P.O. Box 1179s ��J $
Southold,NY 11971
-
Dear Town Clerk Noncarrow,
Pursuant to Section 9-214-of the New York State Election Law,we,John Alberts and
Erin-McTieman, Commissioners of Elections, in and for the County of Suffolk,hereby enclose
the results of Proposal Three, a Proposition-for the Town of Southold,held in said Town, at the
November 8, 2022,General Election:
PROPOSAL THREE,A PROPOSITION
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODETO FUND
AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY ESTABLISHING A
HALFPERCENT(0.5%) TAX PAID BY THE PURCHASER ON THE TRANSFER OF REAL
PROPERTY IN THE.TOWN, WITH.THE REVENUES DEPOSITED IN THE SOUTHOLD
'COMMUNITY HOUSING FUND TO ADDRESS-AFFORDABLE HOUSING IN THE TOWN, BE
APPROVED?
The Whole Number was ..................................................................12,136
The Total Yes Vote.......................................................:..:...6,857
The Total No Vote..............................................................4,787
The Total Blank Vote..........................................................491
The Total Void Vote............................................................l
Therefore,-we do hereby certify the foregoing.to be a true and complete copy of Proposal
Three, a Proposition for the Town of Southold, at the November 8,2022 General Election. .
Sincerely,
VI /WZ�yl
466-Alberts ' Erin McTiernan
Democratic Commissioner Republican Deputy Commissioner
NEW YORK STATE DEPARTA•1)ENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,DIY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to ind�Cate new ma#Ft��ED
#
❑ County STATE RECORDS
❑ City AIA Q 4 ?�2.2.
CEJ Town of SOUTHOLD
❑ Village V8rt!aTMMT 9P g1-ATE
Local Law No. S of the year 2022 .
A Local Law entitled, A LOCAL LAW amending Town Code Chapter 17 (Community Preservation Fund) in
relation to creating a Community Housing Fund to be funded by a 0.5% supplemental real estate transfer tax.
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Section 1.Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing opportunities for all
residents of the Town of Southold is critical to the future and sustainability of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers have difficulty
hiring and retaining employees because of housing costs and availability. Local volunteer emergency services
agencies experience difficulty in recruitment and retention. Long-time residents are forced to leave the area.
Traffic congestion is intensified by the importation of labor from areas with lower housing costs. Finally,the
lack of housing opportunities is resulting in residents being forced to live in substandard, illegal conditions.
The unique demographics and economics in the Town of Southold and a lack of affordable dwelling units are
contributing to this housing shortage. The combination of the Town of Southold's attractiveness,proximity to
the dense population of the New York metropolitan region and to that region's extraordinary wealth, makes the
Town of Southold a prime location for seasonal and luxury homes. While this combination of extraordinary
attractiveness,population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing costs for primary
residences for local families.
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-2394-1(Rev.04l14)
1
The unique demographics and economics in the Town of Southold that have historically contributed to the
housing shortage have only been exacerbated by the COVID- 19 pandemic. The pandemic has resulted in a
flight of residents from urban areas such as New York City to the Town of Southold. The demand for housing
in the Town is currently at an all-time high. This increased demand has further driven up housing costs and has
reduced the supply of housing units available for the local workforce. The increased demand for affordable
housing opportunities resulting from the pandemic makes the need for increased community housing more
acute.
In summary,the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of
housing opportunities for middle income and working-class local residents. The pandemic has only exacerbated
this problem. The Town of Southold requires a balanced housing policy where there exists a variety of housing
types and opportunities across the region's economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of Southold to establish a
dedicated fund to provide needed housing opportunities as authorized by Chapter 445 of the Laws of 2021
entitled "AN ACT to amend the town law and the tax law, in relation to authorizing towns in the Peconic Bay
region to establish community housing funds to be funded by a supplemental real estate transfer tax." Said fund
would be financed by a 0.5% supplemental real estate transfer tax, which would be in addition to the existing
2%real estate transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community Preservation Fund" to
"Community Preservation Fund and Community HousingFes" as follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3.Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is
amended by adding to Article I entitled "Southold Community Preservation Fund" to read as follows:
Section 17-4.Definitions.
As used in this article,the following words and terms shall have the following meanings:
COMMUNITY HOUSING
A primary residential property for an eligible individual that does not exceed one hundred fifty percent of the
purchase price limits established by the State of New York Mortgage Agency low interest rate loan program in
non-target categories for Suffolk County in effect on the contract date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential property and is not married to a person who has
owned a residential property during the three-year period prior to his or her purchase of the primary residential
2
property; and who does not own a vacation or investment home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as established by
the State of New York Mortgage Agency low interest rate loan program in non-target categories for Suffolk
County in effect on the contract date for the sale of such property.
Section 4.Amendment.
Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (Two Pete^~* Real Estate Transfer Tax)
of Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is
amended by striking the words `Two Percent' from the title, re-lettering the existing paragraph as paragraph A
and adding a new paragraph B to read as follows:
Section 17-2:1.Imposition of tax; use of tax; applicability.
A, There is hereby imposed in the Town of Southold a tax on each conveyance of real property or interest
therein where the consideration exceeds $500, the rate of such tax to be 2% of the consideration for such
conveyance. Revenues from such tax shall be deposited in the Southold Community Preservation Fund
established by Article of this chapter and may be used solely for the purposes of said fund. Such tax
shall apply to any conveyance occurring on or after March 1, 1999, but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such date, provided
that the date of execution of such contract is confirmed by independent evidence such as the recording
of the contract,payment of a deposit or other facts and circumstances as determined by the County
Treasurer.
B. In addition to the tax imposed by paragraph A of this section there is hereby imposed on each
conveyance of real property or interest . therein where the consideration exceeds five hundred dollars at
the rate of 0.5% of the consideration for such conveyance. Revenues from such supplemental tax shall
be deposited in the Town Community Housing Fund established by Article VII of this chapter and may
be used solely for the purposes of such fund. Such tax shall apply to any conveyance occurring on or
after April 1, 2023, but shall not apply to conveyances made on or after such date pursuant to binding
written contracts entered into prior to such date,provided that the date of execution of such contract is
confirmed by independent evidence such as the recording of the contract, payment of a deposit or other
facts and circumstances as determined by the County Treasurer. Any tax imposed pursuant to this
subdivision shall be administered and collected in a like manner as the tax imposed by_para ig_nh A of
this section.
17-25. Additional exemptions.
A. There shall be allowed an exemption of$200,000 150,000 on the consideration of the conveyance of
improved real property or an interest therein.
Section 5.Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is
amended by adding a new Article VI entitled "Establishment of Community Housing Fund" to read as follows_
Article VI. Establishment of Community Housing Fund
3
Section 1.7-47. Fund Established.
A. The Town of Southold Community Housing Fund is hereby established pursuant to the provisions of
Section 64-k (2) of the State Town Law.
B. Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer tax
authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii) all proceeds
from any debtedness or obligations issued pursuant to the local finance Iaw for community housing
opportunity purposes as authorized in subdivision three of Section 64-k of the Town Law. (iii) any
proceeds received by the Town from the sale or rental of community housing produced from revenues of
the fund; and (iv the repayment of any loans issued from proceeds of the fund.
C. Deposits into the fund may also include (i) general fund balances or surpluses. (ii) any gifts of interests
in land or funds: and Gii)y state or federal grants received by the Town for providing affordable
homes.
Section 17-48.Pilmoses of the Fund.
Puuposes of the fund. The proceeds of the fund established pursuant to subdivision two of this section shall be
utilized for the following purposes:
A. The provision of financial assistance to first-time homebuyers who are residents of the Town for the
purchase of a first home. Such financial assistance may be in the form of a grant or a loan.
1. Financial assistance may be provided for the purchase of a first home to a first time homebuyer
who is aresident of the Town or who is employed in the Town. A, resident of the Town shall
include a person who is currently a resident of the Town or a non-resident who has been a
resident within the past five-years.
2. Such financial assistance shall not exceed fifty percent(50%) of the purchase price of the home.
3. If such financial assistance is in the form of a loan. such loan shall be repayable to the Town
pursuant to the terms agreed to between the recipient and the Town.provided that any loan shall
be fully repaid by the recipient upon the resale of the home.
4. For the purposes of calculating Town tax liability for such property, only, the dollar amount of
any financial assistance for the purchase of a first home made by the Town pursuant to this
section shall be subtracted from the full equalized assessed value of such property_.
5. All revenues received by the Town from the repayment of a loan shall be deposited in the fund.
6. A Town may provide financial assistance for community housing in coniunction with a
public/private partnership for employer assisted housing.
B. The actual production of community housing for sale to eligible individuals by the Town.
C. The actual production of community housing for sale to eligible individuals 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 and the provisions of this section.
D. The actual production and maintenance of community housing for rental to eligible individuals either by
the Town or 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 ,,md the provisions of this section.
E. The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to
community housing for sale or rental to eligible individuals.
4
The acquisition of interests in real proppnty in existing housing units, which will result in the production
of community housing for sale or rental to eligible individuals.
G. The provision of housing counseling services by not-for-profit corporations who are authorized by the
United States department of housing and urban development to provide such services.
Section 17-49. Management of the Fund.
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 state local finance law, of any purpose authorized
pursuant to this section.Monies from the fund may be utilized to repay indebtedness or obligations incurred
pursuant to the state local finance law consistent with effectuating the purposes of this article.
Section 17-50.Eligible Expenses.
For the purposes of this article. 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.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's community
housing plan required by Section 17-52 of this article. Such board shall consist of not less than seven nor more
than fifteen legal residents of the Town who shall serve without compensation. No member of the Town Board
shall serve on the advisory board. The board shall include a representative of: (a) the construction industry: (b)
the real estate industry, (c)the banking industry, (d)three representatives of local housing advocacy or human
services organizations: and (e) at least one resident from a participating village. The advisory board shall act in
an advisory capaciiy to the Town Board.
Section 17-52. Community Housing Plan.
A. Before- the Town Board may expend any funds pursuant to this section. The Town Board shall first
adopt a Town Community Housing Plan which establishes an implementation plan for the provision of
community housing opportunities by the fund. Said plan shall be adopted by local law. Such plan shall
adhere to the following smart growth principles:
(1) Public investment. To account for and minimize social. economic, and environmental costs of
new development. including infrastructure costs such as transportation, sewers, and wastewater
treatment,water,schools, recreation, and loss of open space and agricultural land.
(2) Development. To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation. To protect, preserve, and enhance the state's resources. Including agricultural land,
forests, surface waters, groundwater,recreation and open space, scenic areas, and significant
historic and archeological sites.
(4) 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
5
communities and to coordinate planning to ensure compatibility of one's community
development with development of neighboring communities.
(5) Communily 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, brownfield redevelopment, enhanced beauty in public spaces,
and diverse and community housing in close proximityplaces of employment,recreation, and
commercial development.
(b) 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.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration. To provide for and encourage local governments to develop,through
a collaborative community based effort, smart growth plans that include long term land use and
permit predictability and coordination, efficient decision making and planning implementation.
B. Such plan may include the establishment of a map or maps that delineate the housing implementation
recommendations proposed by the Town. Such plan shall be updated at least once every five years. The
Town housing plan shall be an element of the Town's Comprehensive Plan. Such plan shall ensure that
all community housing created pursuant to this section remains affordable. Subsequent purchasers of
such community housing shall have at the time of purchase, pursuant to the definition "eligible
individual", an income that does not exceed one hundred percent of the income limits as established by
the State of New York Mortgage Agency low interest rate loan program in non-target categories for
Suffolk County. Such plan shall provide for the equitable distribution of community housing
opportunities among all the communities of the Town. The plan shall ensure that no community has an
undue concentration of community housing opportunities that would substantially alter the character of
the community. In determining equitable distribution of community housing opportunities, existing
community housing opportunities in a community shall be considered.
Section 17-53. Village Participation.
A. The participation of anVillage in the production of community housing authorized by this section 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.
B. 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 or other applicable legal authority, in
order to establish the rights and responsibilities of each local government regarding community housing
opportunities.
C. Regardless of whether a Village participates in the program authorized by this article, properties in the
Village shall be subject to the supplemental real estate transfer tax authorized by subdivision two of
section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of this chapter.
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this Local Law is
subject to approval by the electors of the Town of Southold at a mandatory referendum to be held at the
November 8, 2022 general election.
6
Section 7.Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the November 8, 2022,
general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE TO FUND
AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY ESTABLISHING A HALF-PERCENT
(0.5%)TAX PAID BY THE PURCHASER ON THE TRANSFER OF REAL PROPERTY IN THE TOWN,
WITH THE REVENUES DEPOSITED IN THE SOUTHOLD COMMUNITY HOUSING FUND TO
ADDRESS AFFORDABLE HOUSING IN THE TOWN,BE APPROVED?
Section S.Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9.Severability.
If any. section, subsection,paragraph,clause,phrase, or provl sl on of this law shall be adjudged invalid or held
unconstitutional by any court of competent jurisdiction,any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
Section 10.Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the qualified electors
of the Town of Southold voting on the proposition provided for in section 7 of this local law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
7
I. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 22 . of the
(Go unty)(Gi"(Town) ) of SOUTHOLD was duly passed by the
TOWN BOARD on August 2 ,20 22,in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local Iaw annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ,and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a(mandatouy)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-I(Rev_04/14)
8
�. (dity local law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general)election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law aiinexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 ,above.
Clerk of the County legislative body, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: August 3, 2022
DOS-239-f-I(Rev.04/14)
9
® Town Hall,53095 Main Road
DENIS NONCARROW ��$ Gy
TOWN CLERK ® P.O.Box 1179
CO2 Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS pFax(631)765-6145
MARRIAGE OFFICER 't'�® ���� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER d yg '1► www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
_ August 3, 2022
i_ EI 011 988 165 _US_
Priority Mail Express
RE: Local Law No. 8 of 2022
Town of Southold, Suffolk County
New York State Department of State
State Records &Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 8 of 2022 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
DENIS NONCARROW "` Town Hall, 53095 Main Road
TOWN CLERK Ze P.O. Box 1179
REGISTRAR OF VITAL STATISTICS tSouthold,New York 11971
MARRIAGE OFFICER �!! .��� Fax (631) 765-6145
RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 5, 2022
RE: Proposition/Abstract of Community
Preservation Fund on Ballot for the
� EE 318 449708 US
November 8, 2022 election
Commissioner Anita S. Katz
Commissioner Betty Manzella
Suffolk County Board of Elections
Yapank Avenue
PO Box 700
Yaphank,NY 11980-0700
Dear Commissioners Katz and Manzella:
Attached are the documents in connection with the Proposition/Abstract of the Community Preservation
Fund for placement on the ballot for the November 8, 2022, General Election.
Please let me know if you need anything else.
Very truly yours,
;L
Southold Town Clerk
Rudder, Lynda
From: Rudder, Lynda
Sent: Friday,August 5, 2022 9:22 AM
To: 'Erin.mctiernan@suffolkcountyny.gov'
Cc: Noncarrow, Denis
Subject: Proposition for 11/2022 election
Attachments: scboe Itr.docx; LL#8 Prop.dgcx
Importance: High
Attached please find the cover letter, proposition in English and a Certified Spanish translation for the Ballot on
November 8,2022. Please let me know if I am missing anything or need to do something else. This is the 15L time I have
ever done one of these, so not sure how to do it. Thank you in advance for your help in this matter.
Deputy Town Clerk
Prinicpal Account Clerk
Southold Town
53095 Main Road
PO Box 1179
Southold,NY 11971
631/765-1800 ext.1210
631/765-6145 Fax
I
1
4
� y
SAirh,,,,.BUSINESS SERVICES
759 DURHAM ROAD, SAYVILLE NY 11782
` TEL. (631) 567 5742 - FAX.UPON REQUESTr✓'
TRANSLATIONS- ALL MAJOR LANGUAGES
e-mail: istralanguages@yah000.com
0. ACC )Rr W CY No. 0728/2022 E-SP
TEXT OF PROPOSITION (SUBMISSION)
State of New York }
} ss.
County of Suffolk }
I, Ernst P.A. van Amson, being duly sworn, depose and say:
am fluent in the English as well as the Spanish languages. I have made the Spanish
translation of the document described below, originally written in the English language:
➢ Southold Town —Text of Proposition (submission) (Purchase Order# 36166)
As President of GSair,lnc./ISTRA BUSINESS SERVICES I hereby CERTIFY that the
above described is a complete, true and correct Spanish translation of the document
submitted, to the best of my knowledge and belief.
r
............. .. . .................. Date:._TuL)i 28& 2022.
(Ernst P van Amson)
Notary stamp
NotarialStatement:: .................................................._........I..__.......................-�._----
Before me appeared Ernst P.A.van Amson, Maria E.VANAbMSON
a person known to me,and the person who € Notary Public, State Of'New York
hereunto affixed his signature. No.OIVA6174007
Qualified in Suffolk County
Commission Expires:oq/11�/z�13
............ .. ...�. ... _............_........_......................_.__..__._....._.
(Maria E.Vanamson,Notary Public)
PLEASE NOTE: 1)GSAIR/ISTRA BUSINESS SERVICES[Hake no representation as to the authenticity of the document(s)
presented for translation,or the competence of the signatories thereof.2)Only translations bearing the ISTRA BUSINESS
SERVICES stamp in BLUE INK,as shown here,are originals and covered by the present Certification.061919
G.S.AIR,Inc./Istra Business Services
759 Durham Road,Sayville IVY 11782
rel.:631-567-5742 Fax:upon Request
Rnlail:istralanguages@yahoo.com
PROPOSICION
Para la Sumisi6n ante los Electores del Municipio de Southold
en la pr6xima elecci6n general del 8 de noviembre del 2022
4SE-APROBARA UNA LEY LOCAL PARA ENMENDAR EL CAPITULO NUMERO 17 DEL C6DIGO MUNICIPAL DE
SOUTHOLD,CON EL FIN DE FINANCIAR OPORTUNIDADES DE VIVIENDA ECONWICA DENTRO DEL MUNICIP10 POR
MEDIO DE LA INSTAURAC16N DE UN IMPUESTO DE UN MEDIO POR CIENTO(0.5%),PAGADERO POR EL
COMPRADOR EN LA TRANSFERENCIA DE PROPIEDAD INMOBILIARIA DENTRO DEL MUNICIPIO,SIENDO LOS
INGRESOS DEPOSITADOS EN EL FONDO COMUNAL DE VIVIENDA DE SOUTHOLD PARA ENFRENTAR LA VIVIENDA
ECON6MICA EN EL MUNICIPIO?
ABSTRACTO DE LA PROPOSICION
EI impacto adverso que resulta debido a la carencia de oportunidades de vivienda econ6mica
dentro del Municipio es grave. Empleadores locales tienen dificultad contratar y retener
empleados debido al costo y la disponibilidad de vivienda. Los servicios voluntarios de auxilio
tienen dificultades en el reclutamiento y la retenci6n. Residentes de muchos anos se ven
obligados de salir del area. La congestion del transito se esta intensificando debido a la
importaci6n de mano de obra desde areas con costo de vivienda mas bajo. La carencia de
oportunidades de vivienda resulta en que los residentes se ven forzados a vivir en condiciones
inferiores a ilegales. La demografica Unica y la economfa en el Municipio de Southold que,
hist6ricamente contribuyeron a la carencia de vivienda, se exacerbaron por la pandemia
COVID-19. En resumen, la demanda de terrenos para la construcci6n de casas de lujo y
estacionales, y arrendamientos estacionales ha dejado una escasez de oportunidades de
vivienda para residentes locales con ingresos medias o de la clase trabajadora.
EI Municipio de Southold requiere una politica balanceada de vivienda, donde existen una
variedad de tipos y oportunidades de vivienda por to largo de la gama economica regional. Una
disponibilidad adecuada de oportunidades de vivienda para todos los residentes es critica para
el futuro y la sostenibilidad del Municipio.
Por to tanto, el objeto de esta ley local es de implementar la autoridad otorgada al Municipio de
Southold para establecer un fondo dedicado para proveer las oportunidades de vivienda
necesarias, segun autoriza el Capitulo 445 de las Leyes del 2021, titulada " UNA LEY para
enmendar la ley municipal y la ley-de impuestos, relativo a autorizar a los municipios dentro de
la region de Peconic Bay, para establecer fondos comuriales de vivienda, por ser financiados
por medio'de un impuestb suplementario sobre las.transferencias de propiedad inmobiliaria"
Dicho fondo se financiara por medio de un impuesto suplementario del 0.5% sobre el actual 2%
de impuesto de transferencia de propiedad inmobiliaria para el Fondo de Preservaci6h
Comunal.
Conforme el §1449-bb de la'Ley de Impuestos de New York y§ 23 de la Ley de la Ley
Municipal local, el impuesto suplementario es sujeto a un referendum mandatorio de la-elecci6n
general del 8 de noviembre del 2022.
Impacto Financiero: G.S.AIR,Inc./Intra Business Services
Ninguno. 759 Durham Road,Sayville NY 11782
Tel.:631-567-6742 Fax:Upon Request
Email:istralanguages@yahoo.com
PROPOSITION NO.
For Submission to the Electors of the Town of Southold
At the next general election to be held on November 8, 2022
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALFPERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN,BE APPROVED?
ABSTRACT OF PROPOSITION
The adverse impact resulting from the lack of housing opportunities in the Town is severe. Local
employers have difficulty hiring and retaining employees because of housing costs and
availability. Local volunteer emergency services agencies experience difficulty in recruitment
and retention. Long-time residents are forced to leave the area. Traffic congestion is intensified
by the importation of labor from areas with lower housing costs. The lack of housing
opportunities is resulting in residents. being forced to live in substandard, illegal conditions. The
unique demographics and economics in the Town of Southold that have historically contributed
to the housing shortage have only been exacerbated by the COVID-19 pandemic. In summary,
the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of
housing opportunities for middle income and working class-local residents.
The Town of Southold requires a balanced housing policy where there exists a variety of housing
types and opportunities across the region's economic spectrum. An adequate supply of housing
opportunities for all residents is critical to the future and sustainability of the Town.
Thus,the purpose of this local law is to implement the authority given to the Town of Southold
to establish a dedicated fund to provide needed housing opportunities, as authorized by Chapter
445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in relation to
authorizing towns in the Peconic Bay region to establish community housing funds to be funded
by a supplemental real estate transfer tax."
Said fund would be financed by a 0.5% supplemental real estate transfer tax, which would be in
addition to the existing 2%real estate transfer tax for the Community Preservation Fund.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law,the
supplemental real estate transfer tax is subject to a mandatory referendum, at the November 8,
2022 general election.
Financial Impact
None C.S.AIR,Inc./Istra Business Services
759 Durham Road,Sayville NY 11782
Tel.:631-567-5742 Fax: Upon Request
Email:istralanguages@yahoo.com
c,
• Southold Town Board -Letter Board Meeting of August 2, 2022
RESOLUTION 2022-636 Item# 5.1
ADOPTED DOC ID: 18297
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-636 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2,2022:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19'' day of July, 2022, a Local Law entitled "A Local Law
Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law"Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a"
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax"reads as follows:
LOCAL LAW NO. &OF 2022
A LOCAL LAW amending Town Code Chapter 17 (Community Preservation Fund) in relation
to creating a Community Housing Fund to be funded by a 0.5% supplemental real estate transfer
tax.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1.Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing
opportunities for all residents of the Town of Southold is critical to the future and sustainability
of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers
have difficulty hiring and retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruitment and retention. Long-
time residents are forced to leave the area. Traffic congestion is intensified by the importation of
labor from areas with lower housing costs. Finally, the lack of housing opportunities is resulting
in residents being forced to live in substandard, illegal conditions.
Generated August 2, 2022 Page 3
Southold Town Board - Letter Board Meeting of August 2, 2022
The unique demographics and economics in the Town of Southold and a lack of affordable
dwelling units are contributing to this housing shortage. The combination of the Town of
Southold's attractiveness, proximity to the dense population of the New York metropolitan
region and to that region's extraordinary wealth, makes the Town of Southold a prime location
for seasonal and luxury homes. While this combination of extraordinary attractiveness,
population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing
costs for primary residences for local families.
The unique demographics and economics in the Town of Southold that have historically
contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic.
The pandemic has resulted in a flight of residents from urban areas such as New York City to the
Town of Southold. The demand for housing in the Town is currently at an all-time high. This
increased demand has further driven up housing costs and has reduced the supply of housing
units available for the local workforce. The increased demand for affordable housing
opportunities resulting from the pandemic makes the need for increased community housing
more acute.
In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a
short supply of housing opportunities for middle income and working class local residents. The
pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing
policy where there exists a variety of housing types and opportunities across the region's
economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of
Southold to establish a dedicated fund to provide needed housing opportunities as authorized by
Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in
relation to authorizing towns in the Peconic Bay region to establish community housing funds to
be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5%
supplemental real estate transfer tax, which would be in addition to the existing 2%real estate
transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community
Preservation Fund" to "Community Preservation Fund and Community Housing_Fund" as
follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund"
to read as follows:
Generated August 2, 2022 Page 4
' Southold Town Board - Letter Board Meeting of August 2, 2022
Section 17-4. Definitions.
As used in this article, the following words and terms shall have the following meanings:
COMMUNITY HOUSING
Arp im4U residential property for an eligible individual that does not exceed one hundred fifty
percent of the purchase price limits established by the State of New York Mortgage Agency
interest rate loan program in non-target categories for Suffolk County in effect on the contract
date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential property and is not married to a
person who has owned a residential property during the three-year period prior to his or her
purchase of the primary residential property. and who does not own a vacation or investment
home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as
established by the State of New York Mortgage Agency low interest rate loan program in non-
target categories for Suffolk County in effect on the contract date for the sale of such property.
Section 4. Amendment.
Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (Two Per-eels Real
Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing
Fund) of the Southold Town Code is amended by striking the words `Two Percent' from the title,
re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as
follows:
Section 17-21. Imposition of tax; use of tax; applicability.
A There is hereby imposed in the Town of Southold a tax on each conveyance of real property
or interest therein where the consideration exceeds $500, the rate of such tax to be 2% of the
consideration for such conveyance. Revenues from such tax shall be deposited in the Southold
Community Preservation Fund established by Article of this chapter and may be used solely for
Generated August 2, 2022 Page 5
Southold Town Board- Letter Board Meeting of August 2, 2022
the purposes of said fund. Such tax shall apply to any conveyance occurring on or after March 1,
1999,but shall not apply to conveyances made on or after such date pursuant to binding written
contracts entered into prior to such date,provided that the date of execution of such contract is
confirmed by independent evidence such as the recording of the contract, payment of a deposit or
other facts and circumstances as determined by the County Treasurer.
B. In addition to the tax imposed by paragraph A of this section, there is hereby imposed on each
conveyance of real property or interest . therein where the consideration exceeds five hundred
dollars, at the rate of 0.5% of the consideration for such conveyance. Revenues from such
supplemental tax shall be deposited in the Town Community Housing Fund established by
Article VII of this chapter and may be used solely for the purposes of such fund. Such tax shall
apply to any conveyance occurring on or after April 1, 2023, but shall not apply to conveyances
made on or after such date pursuant to bindinF4 written contracts entered into prior to such date,
provided that the date of execution of such contract is confirmed by independent evidence such
as the recording of the contract, payment of a deposit or other facts and circumstances as
determined by the County_Treasurer. Any tax imposed pursuant to this subdivision shall be
administered and collected in a like manner as the tax imposed by paragraph A of this section.
17-25. Additional exemptions.
A. There shall be allowed an exemption of$200,000 150,000 on the consideration of the
conveyance of improved real property or an interest therein.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding a new Article VI entitled "Establishment of Community
Housing Fund" to read as follows_
Article VI. Establishment of Community Housing Fund
SectIn 17-47. Fund Established.
A. TlIe Town of Southold Community Housing Fund is hereby established pursuant to the
provisions of Section 64-k (2) of the State Town Law.
B. Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer
tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii)
all proceeds from any indebtedness or obligations issued pursuant to the local finance law for
community housing opportunity purposes as authorized in subdivision three of Section 64-k of
the Town Law. (iii) any_proceeds received by the Town from the sale or rental of community
housing produced from revenues of the fund; and (iv)the repayment of any loans issued from
proceeds of the fund.
C. Deposits into the fund may also include (i)general fund balances or surpluses. (ii) any igifts of
interests in land or funds: and (iii) any state or federal grants received by the Town for providing
affordable homes.
Generated August 2, 2022 Page 6
Southold Town Board -Letter Board Meeting of August 2, 2022
Section 17-48. Purposes of the Fund.
Purposes of the fund. The proceeds of the fund established pursuant to subdivision two of this
section shall be utilized for the following purposes:
A. The provision of financial assistance to first-time homebuyers who are residents of the Town
for the purchase of a first home. Such financial assistance may be in the form of a grant or a loan.
1. Financial assistance may be provided for the purchase of a first home to a first time
homebuyer who is a resident of the Town or who is employed in the Town. A, resident of the
Town shall include a person who is currently a resident of the Town or a non-resident who has
been a resident within the past five years.
2. Such financial assistance shall not exceed fifty percent (50%) of the purchase price of
the home.
3. If such financial assistance is in the form of a loan. such loan shall be repayable to the
Town pursuant to the terms agreed to between the recipient and the Town. provided that My loan
shall be fully repaid by the recipient upon the resale of the home.
4. For the purposes of calculating Town tax liability for such property, only, the dollar
amount of any financial assistance for the purchase of a ,first home made by the Town pursuant
to this section shall be subtracted from the full equalized assessed value of such property.
5. All revenues received bathe Town from the repayment of a loan shall be deposited in
the fund.
6. A Town may provide financial assistance for community housing in conjunction with a
public/private partnership for employer assisted housing.
B. The actual production of community housing for sale to eligible individuals by the Town.
C. The actual production of community housing for sale to eligible individuals in conjunction
with a public/private partnership, where the private partneragrees to comply with the profit
guidelines of the New York State Affordable Housing Corporation and the provisions of this
section.
D. The actual production and maintenance of community housing for rental to eligible
individuals either by the Town or 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 and the provisions of this section.
E. The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to eligible individuals.
Generated August 2, 2022 Page 7
Southold Town Board - Letter Board Meeting of August 2, 2022
F The acquisition of interests'in real property in existing housing units, which will result in the
production of community housing for sale or rental to eligible individuals.
G The provision of housing counseling services by not-for-profit corporations who are
authorized by the United States department of housing and urban development to provide such
services.
Section 17-49. Management of the Fund.
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 state local
finance law, of any_purpose authorized pursuant to this section. Monies from the fund may be
utilized to repay indebtedness or obligations incurred pursuant to the state local finance law
consistent with effectuating the purposes of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article 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 directlyrd 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.
Section 17-51.Advisory Board.
An advisoryoard is hereby created to review and make recommendations regarding the Town's
community housing plan required by Section 17-52 of this article. Such board shall consist of not
less than seven nor more than fifteen_legal residents of the Town who shall serve without
compensation. No member of the Town Board shall serve on the advisory board. The board shall
include a representative of: (a)the construction industry: (b) the real estate industry; (c) the
banking industry' (d)three representatives of local housing advocacy or human services
organizations: and (e) at least one resident from a participating village. The advisory board shall
act in an advisorycapacity to the Town Board,
Section 17-52. CommunitXHousing Plan.
A. Before• the Town Board mom,expend an_-Y funds pursuant to this section. The Town Board
shall first adopt a Town Community Housing Plan which establishes an implementation plan for
the provision of community housing opportunities by the fund Said plan shall be adopted by
local law. Such plan shall adhere to the following smart growth principles:
,(1) Public investment. To account for and minimize social. economic, and environmental
costs of new development including infrastructure costs such as transportation sewers, and
Generated August 2, 2022 Page 8
Southold Town Board -Letter Board Meeting of August 2, 2022
wastewater treatment water, schools recreation and loss of open space and agricultural land.
(2) Development To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation To protect preserve and enhance the state's resources. Including
agricultural land forests surface waters groundwater, recreation and open space, scenic areas,
and significant historic and archeological sites.
(4) 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�adiacent communities and to coordinate planning to ensure compatibility of one's
community,development with development of neighboring communities.
(5) Community design. To strengthen communities through development and
redevelopment strategies that include integration ation of all income and age groups, mixed land uses,
and compact development,,traditional neighborhood development planned unit development,
open space districts downtown revitalization brownfield redevelopment enhanced beauty in
public spaces and diverse and community housingin n close proximity to places of employment,
recreation, and commercial development.
(6) 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.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration To provide for and encourage local ocal governments to
develop through a collaborative community based effortsmart growth plans that include long
term land use and permit predictability and coordination efficient decision making and planning
implementation.
B Such plan ma include the establishment of a map or maps that delineate the housing
implementation recommendations proposed by the Town. Such plan shall be updated at least
once every five years The Town housing plan shall be an element of the Town's Comprehensive
Plan Such plan shall ensure that all community housing_created pursuant to this section remains
affordable Subsequent purchasers of such community housing shall have at the time of
purchase pursuant to the definition "eligible individual", an income that does not exceed one
hundred percent of the income limits as established by the State of New York Mortgage Agency
low interest rate loan program in non-target categories for Suffolk County. Such plan shall
provide for the equitable distribution of communily housing opportunities among all the
communities of the Town The plan shall ensure that no community has an undue concentration
of community housing opportunities that would substantially alter the character of the
community. In determining equitable distribution of community housing opportunities, existing
Generated August 2, 2022 Page 9
Southold Town Board - Letter Board Meeting of August 2, 2022
community housing opportunities in a community shall be considered.
Section 17-53. Villalle Participation.
A The participation of any Village in the production of community housing authorized by this
section shall be at the option of the Village. In order to participate, a Village shall pass a
s
resolution opting into the_program and shall submit said resolution to the Town Board,
B 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 or other applicable legal
authority, in order to establish the rights and responsibilities of each local government regarding
community housing_opportunities.
C Regardless of whether a Village participates in the program authorized by this article
properties in the Village shall be subject to the supplemental real estate transfer tax authorized by
subdivision two of section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of
this chapter.
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
Local Law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the
November 8, 2022, general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALF-PERCENT(0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD CQMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
Section 8.Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection, paragraph, clause, phrase, or provlslon of this law shall be adjudged
Generated August 2, 2022 Page 10
4
Southold Town Board - Letter Board Meeting of August 2, 2022
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
Section 10. Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the
qualified electors of the Town of Southold voting on the proposition provided for in section 7 of
this local law.
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to
publish the following Notice of Adoption:
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that after public hearings were held by the Town Board of the Town
of Southold on August 2 , 2022, both in-person, at Southold Town Hall, 53095 Main Rd,
Southold,New York, and via videoconferencing, the Town Board, at their meeting of Aug. 2,
2022, adopted LOCAL LAW NO._of 2022, as follows: "A LOCAL LAW amending Town
Code Chapter 17 (Community Preservation Fund) in relation to creating a Community Housing
Fund to be funded by a 0.5% supplemental real estate transfer tax."
Summary of Proposed Law
Recognizing that the adverse impacts resulting from the housing shortage in the Town are
severe, and housing opportunities for all residents is critical to the future and sustainability of the
Town,the purpose of this local law is to create a Community Housing Fund to be funded by a
0.5% supplemental real estate transfer tax.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
local law is subject to approval by the electors of the Town of Southold"ata mandatory
referendum to be held at the November 8, 2022 general election.
Copies of the local law, are on file in the Town Clerk's Office, Monday through Friday, from
8:00 a.m. until 4:00 p.m.
Denis Noncarrow
Southold Town Clerk
Generated August 2, 2022 , Page 11
Southold Town Board -Letter Board Meeting of.August 2, 2022
RESULT: ADOPTED [5 TO 11
MOVER: Louisa?. Evans, Justice
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Russell
NAYS: Louisa P. Evans
Generated August 2, 2022 Page 12
A
Southold Town Board - Letter Board Meeting of August 2, 2022
RESOLUTION 2022-637 Item# 5.2
ADOPTED DOC ID: 18298
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-637 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2,2022:
WHEREAS, on August 2, 2022, the Town Board of the Town of Southold, by Resolution No.
of 2022, adopted a local law amending Town Code Chapter 17 (Community Preservation
Fund) in. relation to creating a Community Housing Fund to be funded by a 0.5% supplemental
real estate transfer tax; and
WHEREAS, said local law is subject to a mandatory referendum at the general election to be
held on November 8, 2022; now therefore be it
RESOLVED,that the Town Clerk is hereby authorized to send a certified copy of Resolution
No. 41-;6 of 2022, and the following ballot proposition and abstract,together with the Spanish
translation,to the Suffolk County Board of Elections, Yaphank Avenue, Yaphank, New York,
for inclusion on the ballot at the November 8, 2022, general election:
PROPOSITION NO.
For Submission to the Electors of the Town of Southold
At the next general election to be held on November 8, 2022
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALFPERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
ABSTRACT OF PROPOSITION
The adverse impact resulting from the lack of housing opportunities in the Town is severe. Local
employers have difficulty hiring and retaining employees because of housing costs and .
availability. Local volunteer emergency services agencies experience difficulty in recruitment
and retention. Long-time residents are forced to leave the area. Traffic congestion is intensified
by the importation of labor from areas with lower housing costs. The lack of housing
opportunities is resulting in residents. being forced i:o live in substandard, illegal conditions. The
unique demographics and economics in the Town of Southold that have historically contributed
to the housing shortage have only been exacerbated by the COVID-19 pandemic. In summary,
Generated August 2, 2022 Page 13
x Southold Town Board -Letter Board Meeting of August 2, 2022
the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of
housing opportunities for middle income and working class local residents.
The Town of Southold requires a balanced housing policy where there exists a variety of housing
types and opportunities across the region's economic spectrum. An adequate supply of housing
opportunities for all residents is critical to the future and sustainability of the Town.
Thus,the purpose of this local law is to implement the authority given to the Town of Southold
to establish a dedicated fund to provide needed housing opportunities, as authorized by Chapter
445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in relation to
authorizing towns in the Peconic Bay region to establish community housing funds to be funded
by a supplemental real estate transfer tax."
Said fund would be financed by a 0.5% supplemental real estate transfer tax, which would be in
addition to the existing 2%real estate transfer tax for the Community Preservation Fund.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, the
supplemental real estate transfer tax is subject to a mandatory referendum, at the November 8,
2022 general election.
Financial Impact
None
IL
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Russell
NAYS: Louisa P. Evans
Generated August 2, 2022 Page 14
{ NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001 -
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
R1 Town of., SOUTHOLD
❑ Village
Local Law No. 8 of the year 2022 .
A Local Law entitled, A LOCAL LAW amending Town Code Chapter 17 (Community Preservation Fund) in
relation to creating a Community Housing Fund to be funded by a 0.5% supplemental real estate transfer tax.
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Section 1.Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing opportunities for all
residents of the Town of Southold is critical to the future and sustainability of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers have difficulty
hiring and retaining employees because of housing costs and availability. Local volunteer emergency services
agencies experience difficulty in recruitment and retention. Long-time residents are forced to leave the area.
Traffic congestion is intensified by the importation of labor from areas with lower housing costs. Finally,the
lack of housing opportunities is resulting in residents being forced to live in substandard, illegal conditions.
The unique demographics and economics in the Town of Southold and a lack of affordable dwelling units are
contributing to this housing shortage. The combination of the Town of Southold's attractiveness,proximity to
the dense population of the New York metropolitan region and to that region's extraordinary wealth, makes the
Town of Southold a prime location for seasonal and luxury homes. While this combination of extraordinary
attractiveness, population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing costs for primary
residences for local families.
(If additional space is needed,attach pages the same size as this sheet,and number each.).
DOS-239-17-1(Rev.04/14)
1
The unique demographics and economics in the Town of Southold that have historically contributed to the
housing shortage have only been exacerbated by the COVID- 19 pandemic. The pandemic has resulted in a
flight of residents from urban areas such as New York City to,the Town of Southold. The demand for housing
in the Town is currently at an all-time high. This increased demand has further driven up housing costs and has
reduced the supply of housing units available for the local workforce. The increased demand for affordable
housing opportunities resulting from the pandemic makes the need for increased community housing more
acute.
In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of
housing opportunities for middle income and working-class local residents. The.pandemic has only exacerbated
this problem. The Town of Southold requires a balanced housing policy where there exists a variety of housing
types and opportunities across the region's economic spectrum.,
It is the public purpose of this local law to implement the authority given to the Town of Southold to establish a
dedicated fund to provide needed housing opportunities as authorized by Chapter 445 of the Laws of 2021
entitled_"AN ACT to amend the town law and the tax law, in relation to authorizing towns in the Peconic Bay
region to establish community housing funds to be funded by a supplemental real estate transfer tax."'Said fund
would be financed by a 0.5% supplemental real estate transfer tax, which would be in addition to the existing
2%real estate transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community Preservation Fund" to
"Community Preservation Fund and Community Housing Fund" as follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold Town Code is
amended by adding to Article I entitled "Southold Community Preservation Fund" to,read as follows:
Section 17-4. Definitions.
As used in this article,the following words and terms shall have the following meanings:
COMMUNITY HOUSING
A primary residential property for an eligible individual that does not exceed one hundred fifty percent of the
purchase price limits established by the State of New York M" ortg_age Agency low interest rate loan program in
non-target categories for Suffolk County in effect on the contract date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The communily housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential propertyand is not married to a person who has
owned a residential property during the three-year period prior to his or her purchase of the primary residential
2
property. and who does not own a vacation.or investment home.
PRIMARY RESIDENTIAL PROPERTY
AU one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income'limits as established by
the State of New York Mortgage Agency low interest rate loan program in non-target categories for Suffolk
County in effect on the contract date for the sale of such property.
Section 4. Amendment.
Section 17721 (Imposition of tax; use of tax; applicability) of Article IV (Two Peree„*Real Estate Transfer Tax)
of Chapter 17 (Community'Preservation Fund and Community Housing Fund) of the Southold Town Code is
amended by striking the words `Two Percent' from the title, re-lettering the existing paragraph as paragraph A
and adding a new paragraph B to read as follows:
Section 17-21. imposition of tax; use of tax; applicability.
A, There is hereby imposed in the Town of Southold a tax on each conveyance of real property or interest
therein where the consideration exceeds $500,the rate of such tax to be 2% of the consideration for such
conveyance. Revenues from such tax shall be deposited in the Southold Community Preservation Fund
established by Article of this chapter and may be used solely for the purposes of said find. Such tax
shall apply to any conveyance occurring on or after March 1, 1999, but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such date, provided
that the date of execution of such contract is confirmed by independent evidence such as the recording
of the contract,payment of a deposit or other facts and circumstances as determined by the County
Treasurer.
B. In addition to the tax imposed by paragraph A of this section, there is hereby imposed on each
conveyance of real property or interest . therein where the consideration exceeds five hundred dollars, at
the rate of 0.5% of the consideration for such conveyance. Revenues from such supplemental tax shall
be deposited in the Town Community Housing Fund established by Article VII of this chapter and may
be used solely for the purposes of such fund. Such tax shall appl to conveyance occurring on or
after April 1, 2023, but shall not apply to conveyances made on or after such date pursuant to binding
Written contracts entered into prior to such date, provided that the date of execution of such contract is
confirmed by independent evidence such as the recording of the contract, payment of a deposit or other
facts and circumstances as determined by the County Treasurer. Any tax imposed pursuant to this
subdivision shall be administered and collected in a like manner as the tax imposed by paragraph A of
this section.
17-25. Additional exemptions.
A. There shall be allowed an exemption of$200,000 150,000 on the consideration of the conveyance of
improved real property or an interest therein.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing) of the Southold Town Code is
amended by adding a new Article VI entitled "Establishment of Community Housing Fund" to read as follows:
Article VI. Establishment of Community Housing Fund
3
Section 17-47. Fund Established.
A. The Town of Southold Community Housing Fund is hereby established pursuant to the provisions of
Section 64-k (2) of the State Town Law.
B. Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer tax
authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii) proceeds
from any indebtedness or obligations issued pursuant to the local finance law for community housing
opportunity purposes as authorized in subdivision three of Section 64-k of the Town Law. (iii) any
proceeds received by the Town from the sale or rental of community housing produced from revenues of
the fund; and (iv)the repayment of any loans issued from proceeds of the fund.
C. Deposits into the fund may also include (i) general fund balances or surpluses. (ii) @ny gifts of interests
in land or funds: and (iii,) any state or federal grants received by the Town for providing affordable
homes.
Section 17-48. Purposes of the Fund.
Purposes of the fund. The proceeds of the fund established pursuant to subdivision two of this section shall be
utilized for the following purposes:
A. The provision of financial assistance to first-time homebuyers who are residents of the Town for the
purchase of a first home. Such financial assistance may be in the form of a grant or a loan.
1. Financial assistance may be provided for the purchase of a first home to a first time homebuyer
who is a resident of the Town or who is employed in the Town. A, resident of the Town shall
include a person who is currently a resident of the Town or a non-resident who has been a
resident within the past five years.
2. Such financial assistance shall not exceed fifty percent (50%) of the purchase price of the home.
3. If such financial assistance is in the form of a loan. such loan shall be repayable to the Town
pursuant to the terms agreed to between the recipient and the Town. provided that any loan shall
be fully repaid by the recipient upon the resale of the home.
4. For the purposes of calculating Town tax liability for such property, only, the dollar amount of
any financial assistance for the purchase of a first home made by the Town pursuant to this
section shall be subtracted from the full equalized assessed value of such property.
5. All revenues received by the Town from the repayment of a loan shall be deposited in the fund.
6. A Town may provide financial assistance for community housing in conjunction with a
public/private partnership for employer assisted housing.
B. The actual production of community housing for sale to eligible individuals by the Town.
C. The actual production of community housing for sale to eligible individuals 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 and the provisions of this section.
D. The actual production and maintenance of community housing for rental to eligible individuals either by
the Town or 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 and the provisions of this section.
E. The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to
community housing for sale or rental to eligible individuals.
4
F. The acquisition of interests in real property in existing housing units, which will result in the production
of community housing for sale or rental to eligible individuals.
G. The provision of housing counseling seivices by not-for-profit corporations who are authorized by the
United States department of housing and urban development to provide such services.
Section 17-49. Manal4ement of the Fund.
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 state local finance law, of any purpose authorized
pursuant to this section. Monies from the fund may be utilized to repay indebtedness or obligations incurred
pursuant to the state local finance law consistent with effectuating the pu_pr oses of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article. eligible expenses relatingtproduction 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.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's community
housing plan required by Section 17-52 of this article. Such board shall consist of not less than seven nor more
than fifteen legal residents of the Town who shall serve without compensation.No member of the Town Board
shall serve on the advisory board. The board shall include a representative of. (a) the construction industry: (b)
the real estate industry; (c) the banking industry; (d)three representatives of local housing advocacy or human
services organizations: and (e) at least one resident from a participating village. The advisory board shall act in
an advisory capacity to the Town Board.
Section 17-52. Community Housing Plan.
A. Before• the Town Board may expend any funds pursuant to this section. The Town Board shall first
adopt a Town Community Housing Plan which establishes an implementation plan for the provision of
community housing opportunities by the fund. Said plan shall be adopted by local law. Such plan shall
adhere to the followingsmart growth principles:
(1) Public investment. To account for and minimize social. economic, and environmental costs of
new development. including infrastructure costs such as transportation, sewers, and wastewater
treatment, water, schools, recreation, and loss of open space and agricultural land.
(2) Development. To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation. To protect, preserve, and enhance the state's resources. Including agricultural land,
forests, surface waters, groundwater, recreation and open space, scenic areas, and significant
historic and archeological sites.
(4) 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
cent
5
communities and to coordinate planning to ensure compatibility of one's community
development with development of neighboring communities.
(5) 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, brownfield redevelopment, enhanced beauty in public spaces,
and diverse and community housing in close proximity to places of employment, recreation, and
commercial development.
(6) 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.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration. To provide for and encourage l�governments to develop, through
a collaborative community based effort, smartrg owth plans that include long term land use and
permit predictability and coordination, efficient decision making and planning implementation.
B. Such plan may include the establishment of a map or maps that delineate the housingimplementation
recommendations proposed by the Town. Such plan shall be updated at least once every five years. The
Town housing�plan shall be an element of the Town's Comprehensive Plan. Such plan shall ensure that
all community housing created pursuant to this section remains affordable. Subsequent purchasers of
such community housing shall have at the time of purchase, pursuant to the definition "eligible
individual" an income that does not exceed one hundred percent of the income limits as established by
the State of New York Mortgage Agency low interest rate loan program in non-tar eg t categories for
Suffolk County. Such plan shall provide for the equitable distribution of community housing
opportunities among all the communities of the Town. The plan shall ensure that no community has an
undue concentration of community housing opportunities that would substantially alter the character of
the community. In determining equitable distribution of community housing opportunities, existing
community housing opportunities in a community shall be considered.
Section 17-53. Village Participation.
A. The participation of any Village in the production of community Housing authorized by this section 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.
B. 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 or other applicable legal authority, in
order to establish the rights and responsibilities of each local government regarding community housing
opportunities.
C. Regardless of whether a Village participates in the program authorized by this article, properties in the
Village shall be subject to the supplemental real estate transfer tax authorized by subdivision two of
section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of this chapter:
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law,this Local Law is .
subject to approval by the electors of the Town of Southold at a mandatory referendum to be held-at the
November 8, 2022 general election.
6
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the November 8, 2022,
general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE TO FUND
AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY ESTABLISHING A HALF-PERCENT
(0.5%) TAX PAID BY THE PURCHASER ON THE TRANSFER OF REAL PROPERTY IN THE TOWN,
WITH THE REVENUES DEPOSITED IN THE SOUTHOLD COMMUNITY HOUSING FUND TO
ADDRESS AFFORDABLE HOUSING IN THE TOWN, BE APPROVED?
Section 8. Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection,paragraph, clause,phrase, or provlslon of this law shall be adjudged invalid or held
unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity
of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or
unconstitutional.
Section 10. Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the qualified electors
of the Town of Southold voting on the proposition provided for in section 7 of this local law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
7
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 22 . of the
( Al I
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on August 2 ,20 22 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Vil]age) of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ,and was (approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none, the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
DOS-239-f-1(Rev.04/14)
8
.w
s
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general)election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the County legis ative My, City, Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: August 3,2022
DOS-239-f-I(Rev.04/14)
9
Southold Town Board -Letter Board Meeting of August 2, 2022
RESOLUTION 2022-637 Item# 5.2
ADOPTED DOC ID: 18298
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-637 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2,2022:
WHEREAS, on August 2, 2022, the Town Board of the Town of Southold, by Resolution No.
of 2022, adopted a local law amending Town Code Chapter 17 (Community Preservation
Fund) in. relation to creating a Community Housing Fund to be funded by a 0.5% supplemental
real estate transfer tax; and
WHEREAS, said local law is subject to a mandatory referendum at the general election to be
held on November 8, 2022; now therefore be it
RESOLVED, that the Town Clerk is hereby authorized to send a certified copy of Resolution
No. &_S� of 2022, and the following ballot proposition and abstract, together with the Spanish
translation, to the Suffolk County Board of Elections, Yaphank Avenue, Yaphank, New York,
for inclusion on the ballot at the November 8, 2022, general election:
PROPOSITION NO.
For Submission to the Electors of the Town of Southold
At the next general election to be held on November 8, 2022
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALFPERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
ABSTRACT OF PROPOSITION
The adverse impact resulting from the lack of housing opportunities in the Town is severe. Local
employers have difficulty hiring and retaining employees because of housing costs and
availability. Local volunteer emergency services agencies experience difficulty in recruitment
and retention. Long-time residents are forced to leave the area. Traffic congestion is intensified
by the importation of labor from areas with lower housing costs. The lack of housing
opportunities is resulting in residents. being forced i:o live in substandard, illegal conditions. The
unique demographics and economics in the Town of Southold that have historically contributed
to the housing shortage have only been exacerbated by the COVID-19 pandemic. In summary,
Generated August 2, 2022 Page 13
r" Southold Town Board - Letter Board Meeting of August 2, 2022
the demand of land for luxury and seasonal homes and seasonal rentals has left a short supply of
housing opportunities for middle income and working class local residents.
The Town of Southold requires a balanced housing policy where there exists a variety of housing
types and opportunities across the region's economic spectrum. An adequate supply of housing
opportunities for all residents is critical to the future and sustainability of the Town.
Thus, the purpose of this local law is to implement the authority given to the Town of Southold
to establish a dedicated fund to provide needed housing opportunities, as authorized by Chapter
445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in relation to
authorizing towns in the Peconic Bay region to establish community housing funds to be funded
by a supplemental real estate transfer tax."
Said fund would be financed by a 0.5% supplemental real estate transfer tax, which would be in
addition to the existing 2%real estate transfer tax for the Community Preservation Fund.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, the
supplemental real estate transfer tax is subject to a mandatory referendum, at the November 8,
2022 general election.
Financial Impact
None
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy,Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Russell
NAYS: Louisa P. Evans
Generated August 2, 2022 Page 14
Southold Town Board -Letter Board Meeting of August 2, 2022
RESOLUTION 2022-636 Item # 5.1
a
ADOPTED DOC ID: 18297
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-636 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 2, 2022:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19`" day of July, 2022, a Local Law entitled "A Local Law
Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law"Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" reads as follows:
LOCAL LAW NO. 3 OF 2022
A LOCAL LAW amending Town Code Chapter 17 (Community Preservation Fund) in relation
to creating a Community Housing Fund to be funded by a 0.5% supplemental real estate transfer
tax.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing
opportunities for all residents of the Town of Southold is critical to the future and sustainability
of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers
have difficulty hiring and retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruitment and retention. Long-
time residents are forced to leave the area. Traffic congestion is intensified by the importation of
labor from areas with lower housing costs. Finally,the lack of housing opportunities is resulting
in residents being forced to live in substandard, illegal conditions.
Generated August 2, 2022 Page 3
Southold Town Board -Letter Board Meeting of August 2, 2022
The unique demographics and economics in the Town of Southold and a lack of affordable
dwelling units are contributing to this housing shortage. The combination of the Town of
Southold's attractiveness,proximity to the dense population of the New York metropolitan
region and to that region's extraordinary wealth, makes the Town of Southold a prime location
for seasonal and luxury homes. While this combination of extraordinary attractiveness,
population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing
costs for primary residences for local families.
The unique demographics and economics in the Town of Southold that have historically
contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic.
The pandemic has resulted in a flight of residents from urban areas such as New York City to the
Town of Southold. The demand for housing in the Town is currently at an all-time high. This
increased demand has further driven up housing costs and has reduced the supply of housing
units available for the local workforce. The increased demand for affordable housing
opportunities resulting from the pandemic makes the need for increased community housing
more acute.
In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a
short supply of housing opportunities for middle income and working class local residents. The
pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing
policy where there exists a variety of housing types and opportunities across the region's
economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of
Southold to establish a dedicated fund to provide needed housing opportunities as authorized by
Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in
relation to authorizing towns in the Peconic Bay region to establish community housing funds to
be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5%
supplemental real estate transfer tax, which would be in addition to the existing 2% real estate
transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community
Preservation Fund" to "Community Preservation Fund and Communily Housing Fund" as
follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund"
to read as follows:
Generated August 2, 2022 Page 4
Southold Town Board - Letter Board Meeting of August 2, 2022
Section 17-4. Definitions.
As used in this article,the following words and terms shall have the following meanings:
COMMUNITY HOUSING
A primary residential propertyor an eligible individual that does not exceed one hundred fifty
percent of the purchase price limits established by the State of New York Mortgage Agency
interest rate loan program in non-target categories for Suffolk County in effect on the contract
date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primaryresidential property and is not married to a
person who has owned a residential property duringthe he three-year period prior to his or her
purchase of the primary residential property. and who does not own a vacation or investment
home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as
established by the State of New York Mortgage Agency low interest rate loan program in non-
target categories for Suffolk Counly in effect on the contract date for the sale of such property.
Section 4. Amendment.
Section-17-21 (Imposition of tax; use of tax; applicability) of Article IV (Two Per-eent Real
Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing
Fund) of the Southold Town Code is amended by striking the words `Two Percent'-from the title,
re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as
follows:
Section 17-21. Imposition of tax; use of tax; applicability.
There is hereby imposed in the Town of Southold a,tax on each conveyance of real property
or interest therein where the consideration exceeds $500, the rate of such tax to be 2% of the
consideration for such conveyance. Revenues from such tax shall be deposited in the Southold
Community Preservation Fund established by Article of this chapter and may be used solely for
Generated August 2, 2022 Page 5
Southold Town Board - Letter Board Meeting of August 2, 2022
the purposes of said fund. Such tax shall apply to any conveyance occurring on or after March 1,
1999,but shall not apply to conveyances made on or after such date pursuant to binding written
contracts entered into prior to such date, provided that the date of execution of such contract is
confirmed by independent evidence such as the recording of the contract, payment of a deposit or
other facts and circumstances as determined by the County Treasurer.
B In addition to the tax imposed by paragraph A of this section there is hereby imposed on each
conveyance of real property or interest therein where the consideration exceeds five hundred
dollars at the rate of 0.5% of the consideration for such conveyance. Revenues from such
supplemental tax shall be deposited in the Town Community Housing Fund established by
Article VII of this chqpter and may be used solely for the purposes of such fund. Such tax shall
apply to any conveyance occurring on or after April 1 2023 but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such date,
provided that the date of execution of such contract is confirmed by independent evidence such
as the recording of the contract payment of a deposit or other facts and circumstances as
determined by the Coun_y Treasurer. Any tax imposed pursuant to this subdivision shall be
administered and collected in a like manner as the tax imposed by paragraph A of this section.
17-25. Additional exemptions.
A. There shall be allowed an exemption of$200,000150,000 on the consideration of the
conveyance of improved real property or an interest therein.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding a new Article VI entitled "Establishment of Community
Housing Fund" to read as follows_
Article VI. Establishment of Community Housing Fund
Section 17-47. Fund Established.
A The Town of Southold Community Housing Fund is hereby established pursuant to the
provisions of Section 64-k (2) of the State Town Law.
B Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer
tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii)
all proceedsfrom any indebtedness or obligations issued pursuant to the local finance law for
community housing opportunity purposes as authorized in subdivision three of Section 64-k of
the Town Law. (iii) any proceeds received by the Town from the sale or rental of community
housing produced from revenues of the fund; and (iv)the repayment of any loans issued from
proceeds of the fund.
C Deposits into the fund may also include (i) general fund balances or surpluses. (ii) any gifts of
interests in land or funds: and (iii) any state or federal grants received by the Town for providing
affordable homes. ^T�^
Generated August 2, 2022 Page 6
Southold Town Board -Letter Board Meeting of August 2, 2022
Section 17-48. Purposes of the Fund.
Purposes of the fund The proceeds of the fund established pursuant to subdivision two of this
section shall be utilized for the following_purposes:
A The provision of financial assistance to first-time homebuyers who are residents of the Town
for the purchase of a first home Such financial assistance may be in the form of a grant or a loan.
1 Financial assistance may be provided for the purchase of a first home to a first time
homebuyer who is a resident of the Town or who is employed in the Town. A, resident of the
Town shall include a person who is currently a resident of the Town or a non-resident who has
been a resident within the past five years.
2 Such financial assistance shall not exceed fifty percent 50%) of the purchase price of
the home.
3 If such financial assistance is in the form of a loan. such loan shall be repayable to the
Town pursuant to the terms agreed to between the recipient and the Town provided that any loan
shall be fully repaid bathe recipient upon the resale of the home.
4 For the purposes of calculating Town tax liability for such property, only, the dollar
amount of any financial assistance for the purchase of a first home made by the Town pursuant
to this section shall be subtracted from the full equalized assessed value of such property.
5 All revenues received by the Town from the repayment of a loan shall be deposited in
the fund. T
6 A Town may provide financial assistance for community housing in conjunction with a
public/private partnership for emplo er assisted housing.
B The actual production of community housing for sale to eligible individuals by the Town.
C The actual production of community housing for sale to eligible individuals 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 and the provisions of this
section.
D. The actual production and maintenance of community housing for rental to eligible
individuals either by the Town or 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 and the provisions of this section.
E The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to eligible individuals.
Generated August 2, 2022 Page 7
Southold Town Board- Letter Board Meeting of August 2, 2022
F The acquisition of interests in real property in existinghousing units which will result in the
production of community housing for sale or rental to eligible individuals.
G The provision of housing_counseling services by not-for-profit corporations who are
authorized by the United States'department of housing and urban development to provide such
services.
Section 17-49. Management of the Fund.
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 state local
finance law, of any purpose authorized pursuant to this section. Monies from the fund may be
utilized to repay indebtedness or obligations incurredup rsuant to the state local finance law
consistent with effectuating the purposes of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article eligible eUense�s 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 directlyrelated 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 th&repayment of loans shall be deposited in the fund.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's
community housing plan required by Section 17-52 of this article. Such board shall consist of not
less than seven nor more than fifteen legal residents of the Town who shall serve without
co sensation No member of the Town Board shall serve on the advisory board. The board shall
include a representative of.dal the construction industry: (b)the real estate industry; (c)the
banking industry; (d)three representatives of local housing advocacy or human services
organizations: and (e) at least one resident from a participating village. The advisory board shall
act in an advisory capacily to the Town Board.
Section 17-52. Community Housing Plan.
A Before the Town Board mgy expend any. funds pursuant to this section. The Town Board
shall first adopt a Town Community Housing Plan which establishes an implementation plan for
the provision of community housing opportunities by the fund. Said plan shall be adopted by
local law. Such plan shall adhere to the following smart growth principles:
(1) Public investment To account for and minimize social. economic and environmental
costs of new development including infrastructure costs such as transportation, sewers, and
Generated August 2, 2022 Page 8
Southold Town Board -Letter Board Meeting of August 2, 2022
wastewater treatment water, schools recreation, and loss of open space and agricultural land.
(2) Development. To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation. To protect, preserve, and enhance the state's resources. Including
agricultural land forests surface waters, groundwater, recreation and open space, scenic areas,
and significant historic and archeological, sites.
(4) 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 one's
community development with development of neighboring_communities.
(5) Communily 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, lanned unit development
open space districts downtown revitalization brownfield redevelopment, enhanced beauty in
public spaces and diverse and community housing in close proximityplaces of employment
recreation, and commercial development.
(6) Transportation To provide transportation choices including increasing public transit
and alternative modes of transportation,rtation in order to reduce automobile dependency, traffic
congestion, and automobile pollution.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration. To provide for and encourage local governments to
develop through a collaborative community based effortsmart growth plans that include long
term land use and permit predictability and coordination efficient decision making and planning
implementation.
B Such plan may include the establishment of a map or maps that delineate the housing
implementation recommendations proposed by the Town. Such plan shall be updated at least
once every five years The Town housing plan shall be an element of the Town's Comprehensive
Plan Such plan shall ensure that all communis housing created pursuant to this section remains
affordable Subsequent purchasers of such community housing shall have at the time of
purchase pursuant to the definition "eligible individual", an income that does not exceed one
hundred percent of the income limits as established by the State of New York Mortgage Agency
low interest rate loan program in non-target categories for Suffolk County. Such plan shall
provide for the equitable distribution of community_housing opportunities among all the
communities of the Town The plan shall ensure that no community has an undue concentration
of community housing opportunities that would substantially alter the character of the
community. In determining equitable distribution of community housing_opportunities, existing
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Southold Town Board - Letter Board Meeting of August 2, 2022
community housing opportunities in a community shall be considered.
Section 17-53. Village Participation.
A The participation of any Village in the production of community housing authorized by this
section 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.
B 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 or other applicable legal
authority, in order to establish the rights and responsibilities of each local government regarding
community housing opportunities.
C Regardless of whether a Village participates in the program authorized by this article
properties in the Village shall be subject to the supplemental real estate transfer tax authorized by
subdivision two of section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of
this chapter.
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
Local Law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the
November 8, 2022, general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALF-PERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
Section 8. Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection,paragraph, clause, phrase, or prov1s1on of this law shall be adjudged
Generated August 2, 2022 Page 10
Southold Town Board -Letter Board Meeting of August 2, 2022
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
Section 10. Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the
qualified electors of the Town of Southold voting on the proposition provided for in section 7 of
this local law.
AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to
publish the following Notice of Adoption:
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that after public hearings were held by the Town Board of the Town
of Southold on August 2 , 2022, both in-person, at Southold Town Hall, 53095 Main Rd,
Southold,New York, and via videoconferencing, the Town Board, at their meeting of Aug. 2,
2022, adopted LOCAL LAW NO. _of 2022, as follows: "A LOCAL LAW amending Town
Code Chapter 17 (Community Preservation Fund) in relation to creating a Community Housing
Fund to be funded by a 0.5% supplemental real estate transfer tax."
Summary of Proposed Law
Recognizing that the adverse impacts resulting from the housing shortage in the Town are
severe, and housing opportunities for all residents is critical to the future and sustainability of the
Town,the purpose of this local law is to create a Community Housing Fund to be funded by a
0.5% supplemental real estate transfer tax.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law,this
local law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Copies of the local law, are on file in the Town Clerk's Office, Monday through Friday, from
8:00 a.m. until 4:00 p.m.
t1_J
Denis Noncarrow
Southold Town Clerk
Generated August 2, 2022 Page 11
Southold Town Board - Letter Board Meeting of August 2, 2022
RESULT: ADOPTED [5 TO 1]
MOVER: Louisa P. Evans, Justice
SECONDER:Jill Doherty, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Russell
NAYS: Louisa P. Evans
Generated August 2, 2022 Page 12
"'STATE'OFNE —YOR,K),',.,
i
) SS;.
CO.UNtY O,F'SUFFOLK)
Lori,Bazata.of Mattituck, Jn,:said county, 'being duly sworn, says.,-that she pis'
Principal';Clerk "of.THE:"SUFFpLK.TlMES`;"a "weekly newspaper, published:at
6Vlattituck;1n'the Town of Southold, Gaunty of,:Suffolk,.an6'State"of New Y Jrk°;.and
that the Notice of :which .the„annexed 1 is-' ,a printed copy, has been re ularl
9 4 Y. .
published in'said''Newspaper' onbe each week°for week(s), successively,
commencing on'the 21:'-day of"Ju{y,2022f: �
Principal Clerk,
Swor o befo
methis day {
OV :202,2.
gt�SEOF'. DebOIA bilo"
NOTARY'. Nataryl? uc;Woof Now YF*`
°*4
PUBLIC •_* No.01OR6280302
` Qualified in Suffolk Cou*
ew]MISIDOFiatpitOOSl13120
_
tIi
'
,
.-,LEGAL` N�o Tic E
NOTICE :O'F- PUBLIC .HEA%RIN'G'
NOTICE IS HEREBY GIVEN there,has,been presented to-the
Town Board,&the Town-of•Southold;Suffolk'County,`New York,,
on'the 19th.day-of July;2022;ta•Locai Lave'entitled
,•A Local:LOW Amending Cha tp et 97(;®mom ni$yPresery 'on
Fund)'in efiW6n to.Creating g Communil+y Hai!sirse Fund tobe
F4Anded bY�,,O.5°6 SupOigpnentai'Real'Esiate Transfer`Tax''and
NOTICE IS'HEREBY FURTHER-GIVEN that the Town Board of the.
Town„of Southold will hoKa public hearing on`the aforesaicltocal”
Law,at Southold Town Hall,'530957Main,�Road;Southoltl,,New:York;
on;thew2nd day of August,2022,at 9:00 a:m. 't which time'aN
interested,persons Will.be givers an opportunity to be.heard.
The aproposed Local.Caw 'Amending,Chapter 17
(Community Preservation Fund)In Relationao'Creating a .
Community.HOusingfund to be Funded by a®.a%Supplemental'
Real Estate Transfer Tax'is available in its entirety on',the Southold
Towri Website:.'wwW..southoldtownnv.gov_,,or'by contacting the
Town Clerk's,-,ffice'duririg�regular business hours.
• , , - •. l�ated.•.''July�19�'2022 M '
BY THE.QRDER OFTHE SOUTHOLD.TOWN BOARD `
i
:. Denis Non
carrouV' j
Sodthold Tawn�Clerk- f
,
i
Rudder, Lynda
From: Rudder, Lynda
Sent: Monday,August 1, 2022 12:30 PM
To: 'Steve Wick'
Subject: Ad for CFP
Importance: High
On July 191h you were kind enough to put an ad for the Town Board in the 7/21 edition. Would It be possible to get an
affidavit some time today before the meeting?
,L"da.X Foam
Deputy Town Clerk
Prinicpal Account Clerk
Southold Town
53095 Main Road
PO Box 1179
Southold,NY 11971
631/765-1800 ext.1210
631/765-6145 Fax
1
Rudder, Lynda
From: Steve Wick <swick@timesreview.com>
Sent: Tuesday, July 19, 2022 3:55 PM
To: Rudder, Lynda
Subject: Re: please publish in 7/21 edition per Supervisor Russell.
Got it! Will get it in.
On Jul 19, 2022, at 3:00 PM, Rudder, Lynda <lynda.rudder@town.southold.ny.us>wrote:
Please acknowledge receipt. Thank you
<Chapter 17 CPF.docx>
1
Rudder, Lynda
From: Tomaszewski, Zachary
Sent: Monday, July 25, 2022 8:47 AM
To: Rudder, Lynda
Subject: RE: Proposed LL CPF Afford housing
All posted.
ac Tomaszewski
Town of Southold Information Technologies Dept.
Network&Systems Specialist II
Office: 631.765.1891 Cell: 631.879.1553
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
From: Rudder, Lynda <lynda.rudder@town.southold.ny.us>
Sent: Monday,July 25, 2022 8:38 AM
To: Reisenberg, Lloyd <Lloyd.Reisenberg@town.southold.ny.us>;Tomaszewski, Zachary<zact@southoldtownny.gov>
Subject: Proposed LL CPF Afford housing
Importance: High
Please post on Town website ASAP, thanl<s
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of
Southold, Suffolk County,New York, on the 19th day of July, 2022, a Local Law entitled "A
Local Law Amending Chapter 17 (Community Preservation Fund) in Relation to Creating
a Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road,
Southold,New York, on the 2nd day of August,2022 at 9:00 a.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law"Amending Chapter 17 (Community Preservation Fund) in
Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental
Real Estate Transfer Tax" is available in its entirety on the Southold Town website:
www.southoldtownny.gov or by contacting the Town Clerk's office during regular business
hours.
BY ORDER OF THE SOUTHOLD TOWN BOARD
Dated: July 19, 2022 Denis Noncarrow
Southold Town Clerk
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Nonearrow, Town Cleric of the Town of Southold,New York being duly sworn,
says that on the 22nd day of July , 2022, a notice of which the annexed printed
notice is a true copy was affixed, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website,
www.southoldtownny.gov .
PH 8/2 9:00 am—LL Chapter 17
nis Noncarrow
Southold Town Clerk
Sworn before me this
22nd day of ul , 2022.
otary Public
LYNDA M. RUDDER
Notary Public, State of New York
No.01 RU6020932
Qualified in Suffolk County
Commission Expires March 8,20
RESOLUTION 2022-635
ADOPTED DOC ID 18295
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-635 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 19, 2022:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 19`x' day of July, 2022, a Local Law entitled "A Local Law
Amending Chapter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency
for the purposes of SEQRA review for the subject change of Code; and be it further
RESOLVED that the Town Board of the Town of Southold has requested the Planning Board
and/or Planning Staff to prepare a report and recommendations on the proposed code change,
including a SEQRA and LWRP reports and recommendations; and it is further
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law of Southold Town Hall, 53095 Main Road, Southold, New York, on the 2nd
day of August, 2022 at 9:00 a.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law "Amending Chapter 17 (Community Preservation Fund) in
Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental
Real Estate Transfer Tax" reads as follows:
LOCAL LAW NO. OF 2022
'BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing
opportunities for all residents of the Town of Southold is critical to the future and sustainability
of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers
have difficulty hiring and retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruitment and retention. Long-
time residents are forced to leave the area. Traffic congestion is intensified by the importation of
labor from areas with lower housing costs. Finally, the lack of housing opportunities is resulting
in residents being forced to live in substandard, illegal conditions.
The unique demographics and economics in the Town of Southold and a lack of affordable
dwelling units are contributing to this housing shortage. The combination of the Town of
Resolution 2022-635 Board Meeting of July 19, 2022
Southold's attractiveness, proximity to the dense population of the New York metropolitan
region and to that region's extraordinary wealth, makes the Town of Southold a prime location
for seasonal and luxury homes. While this combination of extraordinary attractiveness,
population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing
costs for primary residences for local families.
The unique demographics and economics in the Town of Southold that have historically
contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic.
The pandemic has resulted in a flight of residents from urban areas such as New York City to the
Town of Southold. The demand for housing in the Town is currently at an all-time high. This
increased demand has further driven up housing costs and has reduced the supply of housing
units available for the local workforce. The increased demand for affordable housing
opportunities resulting from the pandemic makes the need for increased community housing
more acute.
In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a
short supply of housing opportunities for middle income and working class local residents. The
pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing
policy where there exists a variety of housing types and opportunities across the region's
economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of
Southold to establish a dedicated fund to provide needed housing opportunities as authorized by
Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in
relation to authorizing towns in the Peconic Bay region to establish community housing funds to
be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5%
supplemental real estate transfer tax, which would be in addition to the existing 2% real estate
transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community
Preservation Fund" to "Community Preservation Fund and Community Housing Fund" as
follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund"
to read as follows:
Section 17-4. Definitions.
As used in this article, the following words and terms shall have the following meanings:
Updated: 7/24/2022 8:06 AM by Lynda Rudder Page 2
Resolution 2022-635 Board Meeting of July 19, 2022
COMMUNITY HOUSING
A primacy residential property for an eligible individual that does not exceed one hundred fifty
percent of the purchase price limits established by the State of New York Mortgage Agency low
interest rate loan program in non-target categories for Suffolk County in effect on the contract
date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential property and is not married to a
person who has owned a residential property during the three-year period prior to his or her
purchase of the primary residential property and who does not own a vacation or investment
home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as
established by the State of New York Mortgage Agency low interest rate loan program in-non-
-target categories for Suffolk County in effect on the contract date for the sale of such property.
Section 4. Amendment.
Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (Two Pereent Real
Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing
Fund) of the Southold Town Code is amended by striking the words `Two Percent, from the title,
re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as
follows:
Section 17-21. Imposition of tax; use of tax; applicability.
There is hereby imposed in the Town of Southold a tax on each conveyance of real property
or interest therein where the consideration exceeds $500, the rate of such tax to be 2% of the
consideration for such conveyance. Revenues from such tax shall be deposited in the Southold
Community Preservation Fund established by Article<https:Hecode360.com/5156899> of this
chapter and may be used solely for the purposes of said fund. Such tax shall apply to any
conveyance occurring on or after March 1, 1999, but shall not apply to conveyances made on or
after such date pursuant to binding written contracts entered into prior to such date, provided that
the date of execution of such contract is confirmed by independent evidence such as the
recording of the contract, payment of a deposit or other facts and circumstances as determined by
the County Treasurer.
B In addition to the tax imposed by paragraph A of this section there is hereby imposed on each
Updated: 7/24/2022 8:06 AM by Lynda Rudder Page 3
` Resolution 2022-635 Board Meeting of July 19, 2.022
conveyance of real property or interest . therein where the consideration exceeds five hundred
dollars, at the rate of 0.5% of the consideration for such conveyance. Revenues from such
supplemental tax shall be deposited in the Town Community Housing Fund established by
Article VII of this chapter and may be used solely for the purposes of such fund. Such tax shall
applyto o an conveyance occurring on or after April 1, 2023, but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such date,
provided that the date of execution of such contract is confirmed by independent evidence such
as the recording of the contract, payment of a deposit or other facts and circumstances as
determined by the County Treasurer. Any tax imposed pursuant to this subdivision shall be
administered and collected in a like manner as the tax imposed by paragraph A of this section.
§ 17-25. Additional exemptions. <https://ecode360.com/print/SO0452?quid=5157036>
A. There shall be allowed an exemption of$200,000 150,000 on the consideration of the
conveyance of improved real property or an interest therein.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing und) of the Southold
Town Code is amended by adding a new Article VI entitled "Establishment of Community
Housing Fund" to read as follows_
Article VI. Establishment of Community Housing Fund
Section 17-47. Fund Established.
A. The Town of Southold Community Housing Fund is hereby established pursuant to the
provisions of Section 64-k (2) of the State Town Law.
B. Deposits into the fiend shall include (i) all revenues from the supplemental real estate transfer
tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii)
all proceeds from any indebtedness or obligations issued pursuant to the local finance law for
community housing opportunity purposes as authorized in subdivision three of Section 64-k of
the Town Law. (iii) any proceeds received by the Town from the sale or rental of community.
housing produced from revenues of the fund; and (iv) the repayment of any loans issued from
proceeds of the fund.
C. Deposits into the fund may also include (i)general fiend balances or surpluses. (ii) anygifts of
interests in land or funds: and (iii) any state or federal grants received by the Town for providing
affordable homes.
Section 17-48. Purposes of the Fund.
Purposes of the fiend The proceeds of the fiend established pursuant to subdivision two of this
section shall be utilized for the following_purposes:
A The provision of financial assistance to first-time homebuyers who are residents of the Town
for the purchase of a first home. Such financial assistance may be in the form of a grant or a loan.
1 Financial assistance may be provided for the purchase of a first home to a first time
homebuyer who is a resident of the Town or who is employed in the Town. A, resident of the
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Resolution 2022-635 Board Meeting of July 19, 2022
Town shall include a person who is currently a resident of the Town or a non-resident who has
been a resident within the past fiveeY ars.
2. Such financial assistance shall not exceed fifty percent (50%) of the purchase price of
the home.
3. If such financial assistance is in the form of a loan. such loan shall be repayable to the
Town pursuant to the terms agreed to between the recipient and the Town. provided that any
shall be fully repaid by the recipient upon the resale of the home.
4. For the purposes of calculating Town tax liability for such property, only, the dollar
amount of any financial assistance for the purchase of a first home made by the Town pursuant
to this section shall be subtracted from the full equalized assessed value of such property.
5. All revenues received by the Town from the repayment of a loan shall be deposited in
the fund.
6. A Town may provide financial assistance for community housingin n conjunction with a
public/private partnership for employer assisted housing.
B. The actual production of community housing for sale to eligible individuals by the Town.
C. The actual roduction of community housing for sale to eligible individuals 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 and the provisions of this
section.
D. The actual production and maintenance of community housing for rental to eligible
individuals either by the Town or the Town Housing Authority; or in conjunction with a
public/private partnershipwhere the private partner agrees to comply with the profit guidelines
of the New York State Affordable Housing Corporation and the provisions of this section.
E The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to eligible individuals.
F The acquisition of interests in real property in existing housing units, which will result in the
production of community housing for sale or rental to eligible individuals.
G The provision of housing counseling services by not-for.-profit corporations who are
authorized by the United States department of housing and urban development to provide such
services.
Section 17-49. Management of the Fund.
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 state local
finance law, of any purpose authorized pursuant to this section. Monies from the fund may be
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Resolution 2022-635 Board Meeting of July 19, 2022
utilized to repay indebtedness or obligations incurred pursuant to the state local finance law
consistent with effectuating the purposes of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article. eligible expenses relatingto o 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.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's
community housing plan required by Section 17-52 of this article. Such board shall consist of not
less than seven nor more than fifteen legal residents of the Town who shall serve without
compensation No member of the Town Board shall serve on the advisory board. The board shall
include a representative of: (a) the construction industry: (b) the real estate industry; (c) the
banking industry; d) three representatives of local housing advocacy or human services
organizations: and (e) at least one resident from a participating village. The advisory board shall
act in an advisory capacity to the Town Board.
Section 17-52. Community Housing Plan.
A Before- the Town Board may expend any funds pursuant to this section. The Town Board
shall first adopt a Town Community Housing Plan which establishes an implementation plan for
the provision of community housing opportunities by the fund. Said plan shall be adopted by
local law. Such plan shall adhere to the followingsmartrg owth principles:
(1) Public investment To account for and minimize social. economic, and environmental
costs of new development including infrastructure costs such as transportation, sewers, and
wastewater treatment water, schools recreation and loss of open space and agricultural land.
(2) Development To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation To protect preserve and enhance the state's resources. Including
agricultural land forests surface waters groundwater, recreation and open space, scenic areas,
and significant historic and archeological sites.
(4) 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 one's
community development with development of neighboring communities.
(5) Community design To strengthen communities through development and
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Resolution 2022-635 Board Meeting of July 19, 2022
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
public spaces and diverse and community housing in close proximityplaces of employ
recreation, and commercial development.
(6) 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.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration. To provide for and encourage local ocal governments to
develop through a collaborative community based effort, smartrg owth plans that include long
term land use and permit predictability and coordination, efficient decision making and planning
implementation.
B. Such plan may include the establishment of a map or maps that delineate the housing
implementation recommendations proposed by the Town Such plan shall be updated at least
once ever five ive years The Town housing plan shall be an element of the Town's Comprehensive
Plan Such plan shall ensure that all community housing created pursuant to this section remains
affordable. Subsequent purchasers of such community housing shall have at the time of
purchase pursuant to the definition "eligible individual" an income that does not exceed one.
hundred percent of the income limits as established by the State of New York Mortgage Agency
low 'interest rate loan program in non-target categories for Suffolk County. Such plan shall
provide for the equitable distribution of community housing opportunities amongall the
communities of the Town The plan shall ensure that no community has an undue concentration
of community housing opportunities that would substantially alter the character of the
community. In determining equitable distribution of community housing opportunities, existing
community housing opportunities in a community shall be considered.
Section 17-53. Village Participation.
A The participation of any Village in the production of community housing authorized by this
section 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.
B 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 or other applicable legal
authority, in order to establish the rights and responsibilities of each local government regarding
community housing opportunities.
C Regardless of whether a Village participates in the program authorized by this article,
properties in the Village shall be subject to the supplemental real estate transfer tax authorized by
subdivision two of section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of
this chapter.
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. Resolution 2022-635 Board Meeting of July 19, 2022
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
Local Law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the
November 8, 2022, general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE .
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALF-PERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
Section 8. Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection, paragraph, clause, phrase, or provlslon of this law shall be adjudged
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
Section 10. Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the
qualified electors of the Town of Southold voting on the proposition provided for in section 7 of
this local law.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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Southold Town Board -Letter Board Meeting of July 19, 2022
RESOLUTION 2022-635 Item# 5.42
ADOPTED DOC ID: 18295
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2022-635 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 19, 2022:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19th day of July, 2022, a Local Law entitled "A Local Law
AmendinIZ Chapter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax"now,therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency
for the purposes of SEQRA review for the subject change of Code; and be it further
RESOLVED that the Town Board of the Town of Southold has requested the Planning Board
and/or Planning Staff to prepare a report and recommendations on the proposed code change,
including a SEQRA and LWRP reports and recommendations; and it is further
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 2nd
day of August,2022 at 9:00 a.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law"Amending Chapter 17 (Community Preservation Fund) in
Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental
Real Estate Transfer Tax"reads as follows:
LOCAL LAW NO. OF 2022
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1.Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing
opportunities.for all residents of the Town of Southold is critical to the future and sustainability
of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers
have difficulty hiring and retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruitment and retention. Long-
time residents are forced to leave the area. Traffic congestion is intensified by the importation of
labor from areas with lower housing costs. Finally,the lack of housing opportunities is resulting
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Southold Town Board -Letter Board Meeting of July 19, 2022
in residents being forced to live in substandard, illegal conditions.
The unique demographics and economics in the Town of Southold and a lack of affordable
dwelling units are contributing to this housing shortage. The combination of the Town of
Southold's attractiveness,proximity to the dense population of the New York metropolitan
region and to that region's extraordinary wealth,makes the Town of Southold a prime location
for seasonal and luxury homes. While this combination of extraordinary attractiveness,
population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing
costs for primary residences for local families.
The unique demographics and economics in the Town of Southold that have historically
contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic.
The pandemic has resulted in a flight of residents from urban areas such as New York City to the
Town of Southold. The demand for housing in the Town is currently at an all-time high. This
increased demand has further driven up housing costs and has reduced the supply of housing
units available for the local workforce. The increased demand for affordable housing
opportunities resulting from the pandemic makes the need for increased community housing
more acute.
In summary,the demand of land for luxury and seasonal homes and seasonal rentals has left a
short supply of housing opportunities for middle income and working class local residents. The
pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing
policy where there exists a variety of housing types and opportunities across the region's
economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of
Southold to establish a dedicated fund to provide needed housing opportunities as authorized by
Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in
relation to authorizing towns in the Peconic Bay region to establish community housing funds to
be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5%
supplemental real estate transfer tax, which would be in addition to the existing 2%real estate
transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community
Preservation Fund" to "Community Preservation Fund and Communily Housing Fund" as
follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Communily Housing Fund) of the Southold
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Southold Town Board -Letter Board Meeting of July 19, 2022
Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund"
to read as follows:
Section 17-4. Definitions.
As used in this article, the following words and terms shall have the following meanings:
COMMUNITY HOUSING
A primary residential property for an eligible individual that does not exceed one hundred fifty
percent of the purchase price limits established by the State of New York Mortgage Agency low
interest rate loan program in non-target categories for Suffolk County in effect on the contract
date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential property and is not married to a
person who has owned a residential property during the three-year period prior to his or her
purchase of the primary residential property and who does not own a vacation or investment
home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as
established by the State of New York Mortgage Agency low interest rate loan program in non-
target categories for Suffolk County in effect on the contract date for the sale of such property.
Section 4. Amendment.
Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (T.,,.��epA Real
Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing
Fund) of the Southold Town Code is amended by striking the words `Two Percent' from the title,
re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as
follows:
Section 17-21. Imposition of tax; use of tax; applicability.
A There is hereby imposed in the Town of Southold a tax on each conveyance of real property
or interest therein where the consideration exceeds $500,the rate of such tax to be 2% of the
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,
Southold Town Board - Letter Board Meeting of July 19, 2022
consideration for such conveyance. Revenues from such tax shall be deposited in the Southold
Community Preservation Fund established by Article <https:Hecode360.com/5156899> of this
chapter and may be used solely for the purposes of said fund. Such tax shall apply to any
conveyance occurring on or after March 1, 1999, but shall not apply to conveyances made on or
after such date pursuant to binding written contracts entered into prior to such date,provided that
the date of execution of such contract is confirmed by independent evidence such as the
recording of the contract, payment of a deposit or other facts and circumstances as determined by
the County Treasurer.
B In addition to the tax imposed by paragraph A of this section there is hereby imposed on each
conveyance of real property or interest therein where the consideration exceeds five hundred
dollars at the rate of 0.5% of the consideration for such conveyance. Revenues from such
supplemental tax shall be deposited in the Town Community Housing Fund established by
Article VII of this chapter and may be used solei for the purposes of such fund. Such tax shall
apply to any conveyance occurring on or after April 1 2023 but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such date,
provided that the date of execution of such contract is confirmed by independent evidence such
as the recording of the contract payment of a deposit or other facts and circumstances as
determined by the County Treasurer. Any tax imposed pursuant to this subdivision shall be
administered and collected in a like manner as the tax imposed by paragraph A of this section.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding a new Article VI entitled "Establishment of Community
Housing Fund" to read as follows_
Article VI.Establishment of Community Housing Fund
Section 17-47. Fund Established.
A The Town of Southold Community Housing Fund is hereby established pursuant to the
provisions of Section 64-k (2) of the State Town Law.
B Deposits into the fund shall include (i) all revenues from the supplemental real estate transfer
tax authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law. (ii)
all proceeds from any indebtedness or obligations issued pursuant to the local finance law for
community housing opportunity purposes as authorized in subdivision three of Section 64-k of
the Town Law. (iii)any proceeds received by the Town from the sale or rental of community
housing produced from revenues of the fund; and (iv) the repayment of any loans issued from
proceeds of the fund.
C Deposits into the fund may also include (i) general fund balances or surpluses. (ii) any gifts of
interests in land or funds: and (iii) any state or federal grants received by the Town for providing
affordable homes.
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Southold Town Board - Letter Board Meeting of July 19, 2022
Section 17-48. Purposes of the Fund.
Purposes of the fund The proceeds of the fund established pursuant to subdivision two of this
section shall be utilized for the following purposes:
A The provision of financial assistance to first-time homebuyers who are residents of the Town
for the purchase of a first home. Such financial assistance maybe in the form of a grant or a loan.
1 Financial assistance maybe provided for the purchase of a first home to a first time
homebuyer who is a resident of the Town or who is employed in the Town. A,resident of the
Town shall include a person who is currently a resident of the Town or a non-resident who has
been a resident within the past five years.
2 Such financial assistance shall not exceed fifty percent(50%) of the purchase price of
the home.
3 If such financial assistance is in the form of a loan. such loan shall be repayable to the
Town pursuant to the terms agreed to between the recipient and the Town. provided that any loan
shall be fully repaid by the recipient upon the resale of the home.
4 For the purposes of calculating Town tax liability for such property, only,the dollar
amount of any financial assistance for the purchase of a first home made by the Town pursuant
to this section shall be subtracted from the full equalized assessed value of such property.
5. All revenues received by the Town from the repayment of a loan shall be deposited in
the fund.
6 A Town may provide financial assistance for communily housingin n conjunction with a
public/private partnership for employer assisted housing.
B The actual production of community housing for sale to eligible individuals by the Town.
C The actual production of communily housing for sale to eligible individuals 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 and the provisions of this
section.
D The actual production and maintenance of communily housing for rental to eligible
individuals either by the Town or 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 and the provisions of this section.
E. The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to eligible individuals.
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Southold Town Board - Letter Board Meeting of July 19, 2022
F The acquisition of interests in real property in existing housing units, which will result in the
production of community housing for sale or rental to eligible individuals.
G The provision of housing counseling services by not-for-profit corporations who are
authorized by the United States department of housing and urban development to provide such
services.
Section 17-49. Management of the Fund.
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 state local
finance law, of M purpose authorized pursuant to this section. Monies from the fund may be
utilized to repay indebtedness or obligations incurred pursuant to the state local finance law
consistent with effectuating the purposes of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article. 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.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's
community housing plan required by Section 17-52 of this article. Such board shall consist of not
less than seven nor more than fifteen legal residents of the Town who shall serve without
compensation No member of the Town Board shall serve on the advisory board. The board shall
include a representative of: (a)the construction industry: (b) the real estate industry; (c) the
banking industry d three representatives of local housing advocacy or human services
organizations: and (e) at least one resident from a participating village. The advisory board shall
act in an advisoKy capacity to the Town Board.
Section 17-52. Community Housing Plan.
A Before- the Town Board may expend appy funds pursuant to this section. The Town Board
shall first adopt a Town Community Housing Plan which establishes an implementation plan for
the provision of communily housing opportunities by the fund. Said plan shall be adopted by
local law. Such plan shall adhere to the following smartr�principles:
(1) Public investment To account for and minimize social. economic, and environmental
costs of new development including infrastructure costs such as transportation, sewers, and
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Southold Town Board -Letter Board Meeting of July 19, 2022
wastewater treatment water, schools,recreation, and loss of open space and agricultural land.
(2) Development. To encourage-development in areas where transportation,water,
and sewage infrastructure are available or practical.
(3) Conservation. To protect,preserve, and enhance the state's resources. Including
agricultural land forests surface waters, groundwater, recreation and open space, scenic areas,
and significant historic and archeological sites.
(4) 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 goverrunent services by, among other means, facilitating cooperative agreements
among adjacent communities, and to coordinate planning to ensure compatibility of one's
community development with development of neighboring communities.
(5) 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, brownfield redevelopment, enhanced beauty in
public spaces, and diverse and communily housing in close proximity to places of employ
recreation, and commercial development.
(6) 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.
(7) Consistency. To ensure predictability in building and land use codes.
(8) Community collaboration. To provide for and encourage local governments to
develop through a collaborative community based effort, smartrg owth plans that include long
term land use and permit predictability and coordination, efficient decision making and planning
implementation.
B. Such plan may include the establishment of a map or maps that delineate the housing
implementation recommendations proposed by the Town. Such plan shall be updated at least
once every five years. The Town housing plan shall be an element of the Town's Comprehensive
Plan. Such plan shall ensure that all commurifty housing created pursuant to this section remains
affordable. Subsequent purchasers of such communily housing shall have at the time of
purchase,pursuant to the definition "eligible individual", an income that does not exceed one
hundred percent of the income limits as established by the State of New York Mortgage Agency
low interest rate loan program in non-targetgories for Suffolk CojmjY. Such plan shall
provide for the equitable distribution of communily housing opportunities among all the
communities of the Town. The plan shall ensure that no community has an undue concentration
of community housing opportunities that would substantially alter the character of the
community. In determining equitable distribution of community housing opportunities, existing
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Southold Town Board -Letter Board Meeting of July 19, 2022
community housing opportunities in a community shall be considered.
Section 17-53.Village Participation.
A The participation of M Village in the production of community housing authorized by this
section 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.
B 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 or other applicable legal
authority, in order to establish the rights and responsibilities of each local government regarding
community housing opportunities.
C Regardless of whether a Village participates in the program authorized by this article,
properties in the Village shall be subject to the supplemental real estate transfer tax authorized by
subdivision two of section fourteen hundred forty-nine-bb of the tax law and section 17-21 B of
this chapter.
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
Local Law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the
November 8, 2022, general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALF-PERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE
HOUSING IN THE TOWN, BE APPROVED?
Section 8.Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection, paragraph, clause,phrase, or provIsIon of this law shall be adjudged
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Southold Town Board - Letter Board Meeting of July 19, 2022
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
Section 10.Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the
qualified electors of the Town of Southold voting on the proposition provided for in section 7 of
this local law.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Sarah E.Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated July 20, 2022 Page 73
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 19"' day of July, 2022, a Local Law entitled "A Local Law
Amending Chanter 17 (Community Preservation Fund) in Relation to Creating a
Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency
for the purposes of SEQRA review for the subject change of Code; and be itfurther
RESOLVED that the Town Board of the Town of Southold has requested the Planning Board
and/or Planning Staff to prepare a report and recommendations on the proposed code change,
including a SEQRA and LWRP reports and recommendations; and it is further
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 3rd
day of August, 2022 at 1:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law"Amending Chapter 17 (Community Preservation Fund) in
Relation to Creating a Community Housing Fund to be Funded by a 0.5% Supplemental
Real Estate Transfer Tax"reads as follows:
LOCAL LAW NO. OF 2022
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Section 1. Legislative Intent.
The Town Board of the Town of Southold hereby finds that an adequate supply of housing
opportunities for all residents of the Town of Southold is critical to the future and sustainability
of the Town.
The adverse impact resulting from the lack of housing opportunities is severe. Local employers
have difficulty hiring and retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruitment and retention. Long-
time residents are forced to leave the area. Traffic congestion is intensified by the importation of
labor from areas with lower housing costs. Finally, the lack of housing opportunities is resulting
in residents being forced to live in substandard, illegal conditions.
The unique demographics and economics in the Town of Southold and a lack of affordable
dwelling units are contributing to this housing shortage. The combination of the Town of
Southold's attractiveness, proximity to the dense population of the New York metropolitan
region and to that region's extraordinary wealth, makes the Town of Southold a prime location
for seasonal and luxury homes. While this combination of extraordinary attractiveness,
population density, and wealth has created a strong local economy for the Town, it has resulted
in a housing crisis for local families. The demand for seasonal homes has driven up housing
costs for primary residences for local families.
The unique demographics and economics in the Town of Southold that have historically
contributed to the housing shortage have only been exacerbated by the COVID- 19 pandemic.
The pandemic has resulted in a flight of residents from urban areas such as New York City to the
Town of Southold. The demand for housing in the Town is currently at an all-time high. This
increased demand has further driven up housing costs and has reduced the supply of housing
units available for the local workforce. The increased demand for affordable housing
opportunities resulting from the pandemic makes the need for increased community housing
more acute.
In summary, the demand of land for luxury and seasonal homes and seasonal rentals has left a
short supply of housing opportunities for middle income and working class local residents. The
pandemic has only exacerbated this problem. The Town of Southold requires a balanced housing
policy where there exists a variety of housing types and opportunities across the region's
economic spectrum.
It is the public purpose of this local law to implement the authority given to the Town of
Southold to establish a dedicated fund to provide needed housing opportunities as authorized by
Chapter 445 of the Laws of 2021 entitled "AN ACT to amend the town law and the tax law, in
relation to authorizing towns in the Peconic Bay region to establish community housing funds to
be funded by a supplemental real estate transfer tax." Said fund would be financed by a 0.5%
supplemental real estate transfer tax, which would be in addition to the existing 2% real estate
transfer tax for the Community Preservation Fund. The supplemental real estate transfer tax is
subject to a mandatory referendum.
Section 2. Amendment.
The title of Chapter 17 of the Southold Town Code is hereby amended from "Community
Preservation Fund" to "Community Preservation Fund and Community Housing Fund" as
follows:
Chapter 17. Community Preservation Fund and Community Housing Fund
Section 3. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding to Article I entitled "Southold Community Preservation Fund"
to read as follows:
Section 17-4. Definitions.
As used in this article, the following words and terms shall have the following meanings:
COMMUNITY HOUSING
A primary residential property for an eligible individual that does not exceed one hundred fifty
percent of the purchase price limits established by the State of New York Mortgage Agency
interest rate loan program in non-target_ categories for Suffolk County in effect on the contract
date for the sale of such property.
BOARD
The advisory board created pursuant to section 17-45 of this article.
FUND
The community housing fund established pursuant to section 17-51 of this article.
FIRST-TIME HOMEBUYER
An eligible individual who has not owned a primary residential property and is not married to a
person who has owned a residential property during the three-year period prior to his or her
purchase of the primary residential property. and who does not own a vacation or investment
home.
PRIMARY RESIDENTIAL PROPERTY
Any one or two family house. townhouse. or condominium.
ELIGIBLE INDIVIDUAL
A household with an income that does not exceed one hundred percent of the income limits as
established by the State of New York Mortgage Agency low interest rate loan program in non-
target
on-
tar eg t�gories for Suffolk County in effect on the contract date for the sale of such property_
Section 4. Amendment.
Section 17-21 (Imposition of tax; use of tax; applicability) of Article IV (Twe Der-een Real
Estate Transfer Tax) of Chapter 17 (Community Preservation Fund and Community Housing
Fund) of the Southold Town Code is amended by striking the words `Two Percent' from the title,
re-lettering the existing paragraph as paragraph A and adding a new paragraph B to read as
follows:
Section 17-21. Imposition of tax; use of tax; applicability.
A. There is hereby imposed in the Town of Southold a tax on each conveyance of real
property or interest therein where the consideration exceeds $500, the rate of such tax to
be 2% of the consideration for such conveyance. Revenues from such tax shall be
deposited in the Southold Community Preservation Fund established by Article I of this
chapter and may be used solely for the purposes of said fund. Such tax shall apply to any
conveyance occurring on or after March 1, 1999, but shall not apply to conveyances
made on or after such date pursuant to binding written contracts entered into prior to such
date, provided that the date of execution of such contract is confirmed by independent
evidence such as the recording of the contract, payment of a deposit or other facts and
circumstances as determined by the County Treasurer.
B. In addition to the tax imposed by paragraph A of this section, there is hereby imposed on
each conveyance of real property or interest . therein where the consideration exceeds
five hundred dollars, at the rate of 0.5% of the consideration for such convey
Revenues from such supplemental tax shall be deposited in the Town Community
Housing Fund established by Article VII of this chapter and may be used solely for the
purposes of such fund. Such tax shall appl t� conveyance occurring on or after April
1, 2023, but shall not apply to conveyances made on or after such date pursuant to
binding written contracts entered into prior to such date, provided that the date of
execution of such contract is confirmed by independent evidence such as the recording of
the contract, payment of a deposit or other facts and circumstances as determined by the
County Treasurer. Any tax imposed pursuant to this subdivision shall be administered
and collected in a like manner as the tax unposed by paragraph A of this section.
17-25. Additional exemptions
A. There shall be allowed an exemption of$200,000 150,000 on the consideration of the
conveyance of improved real property or an interest therein.
Section 5. Amendment.
Chapter 17 (Community Preservation Fund and Community Housing Fund) of the Southold
Town Code is amended by adding a new Article VI entitled "Establishment of Community
Housing Fund" to read as follows_
Article VI. Establishment of Community Housing Fund
Section 17-47. Fund Established.
A. The Town of Southold Community Housing Fund is hereby established pursuant to the
provisions of Section 64-k (2) of the State Town Law.
B. Deposits into the fund shall include (i) all revenues from the supplemental real estate
transfer tax authorized by subdivision two of section fourteen hundred forty-nine-bb of
the tax law. (ii) all proceeds from any indebtedness or obligations issued pursuant
to the local finance law for community housing opportunity purposes as authorized in
subdivision three of Section 64-k of the Town Law. (iii) any proceeds received by the
Town from the sale or rental of community housing produced from revenues of the fund;
and (iv) the repayment of any loans issued from proceeds of the fund.
C. Deposits into the fund may also include (i) general fund balances or surpluses. (ii) qny
gifts of interests in land or funds: and (iii) any state or federal grants received by the
Town for providing affordable homes.
Section 17-48. Purposes of the Fund.
Purposes of the fund. The proceeds of the fund established pursuant to subdivision two of this
section shall be utilized for the following purposes:
A. The provision of financial assistance to first-time homebuyers who are residents of the
Town for the purchase of a first home. Such financial assistance may be in the form of a
grant or a loan.
1. Financial assistance may be provided for the purchase of a first home to a first
time homebuyer who is a resident of the Town or who is employed in the Town.
A, resident of the Town shall include a person who is currently a resident of the
Town or a non-resident who has been a resident within the past five years.
2. Such financial assistance shall not exceed fifty percent(50%) of the purchase
price of the home.
3. If such financial assistance is in the form of a loan. such loan shall be repayable to
the Town pursuant to the terms agreed to between the recipient and the Town.
provided that any loan shall be fully repaid by the recipient upon the resale of the
home.
4. For the purposes of calculating Town tax liability for such property, only, the
dollar amount of any financial assistance for the purchase of a first home made by
the Town pursuant to this section shall be subtracted from the full equalized
assessed value of such property.
5. All revenues received by the Town from the repayment of a loan shall be
deposited in the fund.
6. A Town may provide financial assistance for community housingin n conjunction
with a public/private partnership for employer assisted housing_
B. The actual production of community housing for sale to eligible individuals by the Town.
C. The actual production of community housing for sale to eligible individuals 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 and the
provisions of this section.
D. The actual production and maintenance of community housing for rental to eligible
individuals either by the Town or 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 and the provisions of
this section.
E. The rehabilitation of existing buildings and structures in the Town for the purpose of
conversion to community housing for sale or rental to eligible individuals.
F. The acquisition of interests in real property in existing housing units, which will result in
the production of community housing for sale or rental to eligible individuals.
G. The provision of housing counseling services by not-for-profit corporations who are
authorized by the United States department of housing and urban development to provide
such services.
Section 17-49. Management of the Fund.
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 state local
finance law, of any purpose authorized pursuant to this section. Monies from the fund may be
utilized to repay indebtedness or obligations incurred pursuant to the state local finance law
consistent with effectuating the purposes of this article.
Section 17-50. Eligible Expenses.
For the purposes of this article. 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.
Section 17-51. Advisory Board.
An advisory board is hereby created to review and make recommendations regarding the Town's
communi1y housing plan required by Section 17-52 of this article. Such board shall consist of not
less than seven nor more than fifteen legal residents of the Town who shall serve without
compensation. No member of the Town Board shall serve on the advisory board. The board shall
include a representative of. (a)the construction industry(b) the real estate industry; (c) the
banking industry; (d) three representatives of local housing- advocacy or human services
organizations: and (e) at least one resident from a participating village. The advisory board shall
act in an advisory capacity to the Town Board.
Section 17-52. Community Housing Plan.
A. Before the Town Board may expend any funds pursuant to this section. The Town Board
shall first adopt a Town Community Housing Plan which establishes an implementation
plan for the provision of community housing opportunities by the fund. Said plan shall be
adopted by local law. Such plan shall adhere to the followingsmartrg owth principles:
(1) Public investment. To account for and minimize social. economic, and
environmental costs of new development. including infrastructure costs such as
transportation, sewers, and wastewater treatment, water, schools, recreation, and
loss of open space and agricultural land.
(2) Development. To encourage development in areas where transportation, water,
and sewage infrastructure are available or practical.
(3) Conservation. To protect, preserve, and enhance the state's resources. Including
agricultural land, forests, surface waters, groundwater, recreation and open space,
scenic areas, and significant historic and archeological sites.
(4) 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 one's community development
with development of neighboring communities.
(5) 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, plamied unit development, open space districts, downtown
revitalization, brownfield redevelopment, enhanced beau . in public spaces, and
I
diverse and communi1y housing in close proximity to places of employ
recreation, and commercial development.
(6) 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.
(7) Consistency. To ensure predictability in building and land use codes
(8) Community collaboration. To provide for and encourage local governments to
develop through a collaborative community based effortsmartr�plans that
include long term land use and permit predictability and coordination efficient
decision making and plain-ling implementation.
B. Such plan may include the establishment of a map or maps that delineate the housing
implementation recommendations proposed by the Town Such plan shall be updated at
least once every five years. The Town housing plan shall be an element of the Town's
Comprehensive Plan. Such plan shall ensure that all communily housing created pursuant
to this section remains affordable. Subsequent purchasers of such community housing
shall have at the time of purchase pursuant to the definition "eligible individual" an
income that does not exceed one hundred percent of the income limits as established by
the State of New York Mortgage Agency low interest rate loan program in non-target
categories for Suffolk County. Such plan shall provide for the equitable distribution of
community housing opportunities among all the communities of the Town. The plan shall
ensure that no community has an undue concentration of community housing
opportunities that would substantially alter the character of the community. In
determining equitable distribution of community housing opportunities existing
community housing opportunities in a community shall be considered.
Section 17-53. Village Participation.
A. Theap rticipation of any Village in the production of community housing authorized by
this section 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.
B. 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 or
other applicable legal authority, in order to establish the rights and responsibilities of
each local goverrunent regarding community housing opportunities.
C. Regardless of whether a Village participates in the program authorized by this article
properties in the Village shall be subject to the supplemental real estate transfer tax
authorized by subdivision two of section fourteen hundred forty-nine-bb of the tax law
and section 17-21 B of this chapter.
Section 6. Local Law Subject to Mandatory Referendum.
Pursuant to §1449-bb of the New York Tax Law and §23 of the Municipal Home Rule Law, this
Local Law is subject to approval by the electors of the Town of Southold at a mandatory
referendum to be held at the November 8, 2022 general election.
Section 7. Ballot Proposition.
The following proposition shall be placed before the electors of the Town of Southold at the
November 8, 2022, general election:
SHALL A LOCAL LAW AMENDING CHAPTER 17 OF THE SOUTHOLD TOWN CODE
TO FUND AFFORDABLE HOUSING OPPORTUNITIES IN THE TOWN BY
ESTABLISHING A HALF-PERCENT (0.5%) TAX PAID BY THE PURCHASER ON THE
TRANSFER OF REAL PROPERTY IN THE TOWN, WITH THE REVENUES DEPOSITED
IN THE SOUTHOLD COMMUNITY HOUSING FUND TO ADDRESS AFFORDABLE .
HOUSING IN THE TOWN, BE APPROVED?
Section 8. Authority.
This proposed local law is enacted pursuant to Municipal Home Rule Law §10, as well as
§23, Town Law §64-K and Tax Law §1449-bb.
Section 9. Severability.
If any. section, subsection, paragraph, clause, phrase, or provl s 1 on of this law shall be adjudged
invalid or held unconstitutional by any court of competent jurisdiction, any judgment made
thereby shall not affect the validity of this law as a whole or any part thereof other than the part
or provision so adjudged to be invalid or unconstitutional.
Section 10. Effective Date.
This local law shall take effect upon the approval by an affirmative vote of a majority of the
qualified electors of the Town of Southold voting on the proposition provided for in section 7 of
this local law.
North Fork,Housing Affiance, Inc.
(FORMERLY THE GRFENPORT HOUSING ALLIANCE)
1 16 SOUTH STREET AL)EQUATr HOUSING FOR ALL
GREV.Npowr, Nr-.'w YORK 1 1944
911
(631)477-1070 FAX (631)477-1-769 SECTION 8 DEPARTMENT(631) 477-8888 NFHA(ROPTONLINE.NET
BARRY LATNEY, PRESIDENT TANYA PALmomE, EXCCUTIVE-DIRECTOR
August 1, 2022
Supervisor Scoff A. Russell RECEVVED
Councilperson Louisa Evans
Councilperson Jill Doherty
Councilperson Sarah E. Nappa AUG — 1 2022
Councilperson Greg Doroski
Councilperson Brian O. Mealy Southold Town Clerk
Town Hall
53095 Main Road
PO Box 1179
Southold, NY 11971
Re: August 2 Public Hearing on local law amending Town Code Chapter 17 (Community
Preservation Fund) in relation to creating a Community Housing Fund to be funded by a 0.5%
supplemental real estate transfer tax.
Dear Supervisor Russell and Members of the Town Board;
The North Fork Housing Alliance, Inc. (NFHA), a New York not-for-
profit corporation whose mission is to create and preserve safe, decent and affordable
housing throughout the Town of Southold, fully supports the adoption of the above-noted
local law and the inclusion of the referendum on this law on the ballot for the November 8,
2022 general election.
The NFHA has been struggling with the challenges of maintaining a decent and
affordable housing stock in the Town of Southold for over 40 years. The NFHA has, among
other services, acquired, rehabilitated and operates numerous low and moderate income
rental units, managed the HUD housing rehabilitation program and the HUD Section 8 rental
subsidy program in the Town. Throughout this time, the affordability crisis in the Town of
'Southold has never been worse than now.
As recognized by the Legislative Intent of the proposed local law, the housing crisis
is increasingly affecting local households who can no longer afford to live in their
hometown, workers who must travel for hours each way to work and businesses who cannot
find enough employees to properly run their operations. Our organization receives constant
pleas for rental units that we have no hope to fulfill.
Affordability throughout the Town has declined precipitously as a result of the
demand to escape urban areas during the pandemic. What little previously remained as
affordable housing stock has been consumed by redevelopment, price and rent inflation.
FUNDED By NEW YORK STATE DIVISION OF HOUSING & COMMUNrry RENEWAL.
AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER
rth rk Housng Affiance, In.c.
'0 �)Lo , i
(FORMERLY THE GREENPORT HOUSING ALLIANCE)
1 16 SOUTH STREET ADEQUATE HOUSING FOR ALL
GREENPoRT, NEW YORK 11944 m
(6,31)477-1070 FAX (631)477-1769 SECTION 8 DEPARTMENT(631) 477-8388 NFHA@OPTONLINE.NET
BARRY LATNFY, PRESIDENT TANYA PALmaRE, EXECUTIVE DIRECTOR
We currently own and lease 46 rental housing units in the Town. At the current price
levels, this is no longer feasible to continue to purchase and improve more properties.
Moreover, the lack of housing statewide has dramatically increased competition for State
and Federal funds.
Providing workforce housing has now become an absolute necessity for the
sustainability of every aspect of the Southold community including the continued
viability of local businesses. The Community Housing Fund will provide funding within
the Town for the Town only, it will allow flexibility to the Town in how it chooses to
make use of the funds without the arduous and slow bureaucratic process natural to
State and Federal funding.
We urge the Town Board to adopt the proposed local law to create the
Community housing Fund and for its-inclusion on the general election ballot.
Ve j
truly yours;,,
Tanya Palmore
Executi've"Director
Cc: Denis Noncarrow, Town Clerk
FUNDED By NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL
AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER
i :4i
North Fork Housing Affiance, Inc.
(FORMERLY THE GREENPORT HOUSING ALLIANCE)
1 16 SOUTH STREET
' ADEQUATE HOUSING FOR ALL
GREENPORT, NEW YORK 1 1944 gn
(631)477-1070 FAX (631)477-1769 SECTION 8 DEPARTMENT (631)477-8888 NFHA@OPTONLINE.NET
BARRY LATNEY, PRESIDENT TANYA PALMORE, EXECUTIVE DIRECTOR
August 1, 2022
Supervisor Scott A. Russell .
Councilperson Louisa Evans
Councilperson Jill Doherty
Councilperson Sarah E. Nappa
Councilperson Greg Doroski
Councilperson Brian O. Mealy
Town Hall
53095 Main Road
PO Box 1179
Southold,NY 11971
Re: August 2 Public Hearing on local law amending Town Code Chapter 17 (Community
Preservation Fund) in relation to creating a Community Housing Fund to be funded by a 0.5%
supplemental real estate transfer tax.
Dear Supervisor Russell and Members of the Town Board;
The North Fork Housing Alliance, Inc. (NFHA), a New York not-for-
profit corporation whose mission is to create and preserve safe, decent and affordable
housing throughout the Town of Southold, fully supports the adoption of the above-noted
local law and the inclusion of the referendum on this law on the ballot for the November 8,
2022 general election.
The NFHA has been struggling with the challenges of maintaining a decent and
affordable housing stock in the Town of Southold for over 40 years. The NFHA has, among
other services, acquired, rehabilitated and operates numerous low and moderate income
rental units, managed the HUD housing rehabilitation program and the HUD Section 8 rental
subsidy program in the Town. Throughout this time,the affordability crisis in the Town of
Southold has never been worse than now.
As recognized by the Legislative Intent of the proposed local law, the housing crisis
is increasingly affecting local households who can no longer afford to live in their
hometown, workers who must travel for hours each way to work and businesses who cannot
find enough employees to properly run their operations. Our organization receives constant
pleas for rental units that we have no hope to fulfill.
Affordability throughout the Town has declined precipitously as a result of the
demand to escape urban areas during the pandemic. What little previously remained as
affordable housing stock has been consumed by redevelopment, price and rent inflation.
FUNDED BY NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL
AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER
North ForkHousing Affiance, Inc.
(FORMERLY THE GREENPORT HOUSING ALLIANCE)
1 16 SOUTH STREET ADEQUATE HOUSING FOR ALL
GREENPORT, NEW YORK 1 1944 0
(631)477-1070 FAX (631)477-1769 SECTION 8 DEPARTMENT (631) 477-8888 NFHA@OPTONLINE.NET
BARRY LATNEY, PRESIDENT TANYA PALMORE, EXECUTIVE DIRECTOR
We currently own and lease 46 rental housing units in the Town. At the current price
levels, this is no longer feasible to continue to purchase and improve more properties.
Moreover, the lack of housing statewide has dramatically increased competition for State
and Federal funds.
Providing workforce housing has now become an absolute necessity for the
sustainability of every aspect of the Southold community including the continued
viability of local businesses. The Community Housing Fund will provide funding within
the Town for the Town only, it will allow flexibility to the Town in how it chooses to
make use of the funds without the arduous and slow bureaucratic process natural to
State and Federal funding.
We urge the Town Board to adopt the proposed local law to create the
Community Housing Fund and for its inclusion on the general election ballot.
V truly your-,-.,
Tanya Yal lore
Executiwe,Director
Cc: DenisNMears , Tow, ff er_k
FUNDED BY NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL
AN EQUAL OPPORTUNITY EMPLOYER AND PROVIDER '
Nor& Tork Mousing Alliance, Inc.
ADEQUATE HOUSING FOR ALL
116 SOUTH STREET - 4
GREENPORT, NEW YORK 1 1944
To:
RECEIVED Denis Nonearrow,Town Clerk
Town Hall
53095 Main Road
AUG —2 2 P.O. Box 1179
Southold,NY 11971
4
Southold Town Clerk