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HomeMy WebLinkAboutLL #07 2024 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROBERT 3. RODRIGUEZ HTTPS://DOS.NY.GOV SECRETARY OF STATE, April 10, 2024 ' RECEIVED Town of Southold APR 15 2024 Town Hall 53095 Main Road PO Box.1179 Southold Town Clerk Southold, New York 11971 RE: Town of.Southold, Local Law 7 2024, filed on 4/3/2024 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 473-2492 INEWYORK Department E OFORTUNITY of State • � 1, fO(�►�, DENIS NONCARROW h� OGy Town Hall,53095 Main Road TOWN CLERK p= P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �' RECORDS MANAGEMENT OFFICER ��,( •�� Telephone oldt 76n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. 1 � e Denis Noncarrow Southold Town Clerk Attachments cc: ../ Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island J Town of Riverhead ✓Town of Southampton ✓ Southold Town Planning Board ✓Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK rc Town Hall,53095 Main Road DENIS NONCARROW TOWN CLERK :- P.O.Box 1179 rya Southold,New York 11971 REGISTRAR OF VITAL STATISTICS . Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER ''` OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Ainendments to Chapter 240 Subdivision_of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED APR - 5 2024 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold . own Building Department r i Date: Signature :Receaved By _ Title: S"s Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK -1% - DENIS NONCARROW '`>� a lbwn Hall;.53095 Main Road TOWN CLERK �'" P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ] . Fax(631)765-6145 MARRIAGE OFFICER �' '�' � �Q Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF hNFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendmobts.to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVE® APR - 5 2024 Denis.Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town.Assessors Southold Town Board of Appeals Southold Town Building Department Date: sr Signature,Received By } J/ _S' Va'j • ��,� Title:--]Pv)y O-Z4-Ao"� Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK o��g�FFO(�►�, DENIS NONCARROW h� �G.y Town Hall,53095 Main Road TOWN CLERK C* P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .tC Fax(631)765-6145 MARRIAGE OFFICER 'f' RECORDS MANAGEMENT OFFICER ��,( .�O Telephone oldt 76n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chanter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. APR - 5 2024 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Plannin� Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department O(WVo Date: q—)—Z Signature, Received By a(�4" c `y0 - Title4(ho6o4y' Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW � 9.bwn Hall,53095 Main Road TOWN CLERK P.O.Bog 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �' RECORDS MANAGEMENT OFFICER Q,( a0 Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www southoldtownnygov RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MAR 2 8 2024 March 27,2024 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments.to Chapter.240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Lea Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department � Date: Signature,Received By "SoNz)y ScHeIV NI L�/� ' Title- Please print name �N/G DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 cam . Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .. Fax(631)765-6145 MARRIAGE OFFICER ,' ��'' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER `•� � www.southolcltowmygov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MAR 2 8 2024 March 27, 2024 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendwents`t6 Chanter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. ,L ��(.1-i Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department t Date: .3 S)dq Sig ure; eceived By W —t' i�a-- - (� I ---- Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 1 o:oc,���� DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK o :� P.O.Bog 1179 vs 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER !f�4 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 �► www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED MAR 2 8 2024 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department { Date: Signature, Receiv y If/ e,4. L- t/. Var,' ly Title: Cqj,6_q Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW ' �.. Town Hall,53095 Main Road � �-� PA.Box 1179 TOWN CLERK v� „s Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS ap �.. .A .' � Fax(631)765-6145 MARRIAGE OFFICER +y`!� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ,�-� `►' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD MAR 2 7 2024 March 27,2024 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 240 Subdivisioin of nand Please sign the duplicate of this letter and return to me at your earliest convcnience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc; Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Dater Signature, Received$) C'�es5LCC�mkclk te-C.LS Title: 00L rrn V_A P_kk_V A( �J Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �� �Gy Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p yC Fax(631)765-6145 MARRIAGE OFFICER y �' RECORDS MANAGEMENT OFFICER ��,( .�� Telephone oldt -nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK RECEIVE® TOWN OF SOUTHOLD MAR 2 7 2024 March 27, 2024 Southold Town Clerk PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. �L �� Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: O� Signature, Received B Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK O�Og%SFFO(,r�o DENIS NONCARROW �� G.f, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��,( .�� Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the"Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED APR 2 2024 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island a e Park�Commissiori Email: Village of Greenport Town of Shelter Island Town'of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Sqqhold Tow Assessors Southold Town Board of Appeals 5(oiAhold To Building Department Date: ZJ P'4ature,ARIeived By Title: 64, mrr Please P rint name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Town Hall,53095 Main Road DENIS NONCARROW �� ;�:,x��'_ � • TOWN CLERK ® '�~ P.O. Box 1179 CAP Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �rQ� ® ®@� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 eE 330 01 q 835 m5 Priority Mail Express RE: Local Law No. 7 of 2024 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 a certified copy of Local Law No. 7 of 2024 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 this enclosure in your office. Thank you. Very truly yours, Sabrina M. Born Deputy Town Clerk Enclosures cc: Town Attorney 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 Q Town of SOUTHOLD ❑ Village Local Law No. 7 of the year 2024. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village I. Purpose The purpose of this amendment is to ensure the Town's inclusionary zoning results in attainable housing being built in new subdivisions. The change removes the option to buy out or provide other property or build elsewhere, all options which have never been implemented, and have proven to not be practical. § 240-10 Technical requirements. B. Yield plan. (2) Standard subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing [1] Twenty percent of the lot yield as determined pursuant to § 240-1 OB(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50. [2] Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees,plan review fees, inspection fees,park and playground fees and such other development fees and costs attributable to (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 . e the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117. [3] Phasing of construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [4] Exterior appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [5] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and the inclusionary requirement. 2 L (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 7 of 20 24. of the (€(Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 26 , 20 24, 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 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) 3 , 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 or' on file i is office and that the same is a correct transcript there from and of the whole of such original local 1 A , an was fi ly opted in the manner indicated in paragraph 1 , above. Clerk 404 e County legislative body, City, Town or (Seal) Villag Jerk or officer designated by local legislative body Denis Noncarrow,Town Clerk Date: March 27,2024 DOS-239-f-1(Rev.04/14) 4 �SUFFUl� rR RESOLUTION 2024-310 ADOPTED DOC ID: 20121 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-310 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 271h day of February 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" 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 entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" reads as follows: LOCAL LAW NO. 7 of 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to ensure the Town's inclusionary zoning results in attainable housing being built in new subdivisions. The change removes the option to buy out or provide other property or build elsewhere, all options which have never been implemented, and have proven to not be practical. § 240-10 Technical requirements. B. Yield plan. (2) Standard subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing [1] Twenty percent of the lot yield as determined pursuant to § 240-1 OB(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision r Resolution 2024-310 Board Meeting of March 26, 2024 shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50. [2] Upon application to the Planning Board, the requirement to build 0 of the total numbef of units as NflFDUs in the subdivision may be waived. Thi . . ient may be wa 1 upon the appheant's .,1,.,.,sing any one or mbinal e—.,f tl— f^ll.,.,,in eptiens pursuant to a plan that is aeeeptable to the Planning Board and fiffthers the goals fe or-eating n variety of.,f- ,..1 ble housing ^YYeftu ;ties within the T-o [a] The applieant shall pay a sum to the Te,�N%of Southold Housing Fund. The sum shall be based on the fttHnber-of r-eEfaired N4!FDU lots not eenstr-tieted in the subdivision. The per- tmit stffn shall be set annually by resolution of the Te,�N%Board and shall eonsider-fae4ors sueh as the average eest of building lots, easts of eenstruetion and median ineeme in the To,ym of Southold. Fund,[bI The applieatit may build all of the units in another leeatien within the TwA%of Southold. [e] The applieant may provide propeAy with development rights equal to the number-of the — . ir-ed NIIFD units not eenstrueted in the subdivision, to the Town of Southold Housing NeAh Fork Housing > Town,Land Trust of Southold similar- organization approved by the Teyffi Board fer the sole pufpese ef developing affordable housing on the site. The property must be aeeeptable to the reeipient as a viable + f affordable housing .1 1 + rl proof of same must be provided to the r � 1 u�u 1V �u� Planning Board during preliminary plat review. [d] if this option L+ rlof th- mnn+to build N4!FDU the „bd • waiver 1 111 1 subdivision is t d the l' t may build any remainingR 1VtJ i11 the he subdivision, and they lots approve � 11 shall t b r-equifed to be N4!Fi_lT_T_,,...is [L2] Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117. [43] Phasing of construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [54] Exterior appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [65] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and eithert7, amount of foe eh ar-ged of the inclusionary requirement. Denis Noncarrow Southold Town Clerk Updated: 3/27/2024 11:45 AM by Sabrina Born Page 2 Resolution 2024-310 Board Meeting of March 26, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 3/27/2024 11:45 AM by Sabrina Born Page 3 S-z� M=NL�arlrA �� ��-- — — oA�fyl M-o-a-�P�-- -�°��� MEMORANDUM RECEIVE® To: Albert J. Krupski Jr., Supervisor Members of the Town Board MAR 2 6 2024 From: Mark Terry, Assistant Director of Planning Southold Town Clerk Date: March 6, 2024 Re: State Environmental Quality Review Determination for the Town of Southold 2024-193 A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" The proposed Local Law amends Chapter 240, Subdivision of Land, and eliminates the option to buy out of the Town's inclusionary zoning regulations pertaining to Moderate-Income Family Development Units by striking certain sections. The units must now be built within a Standard Subdivision proposing five or more lots. The proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(26), the action is "continuing agency administration and management" and, therefore a Type II action not subject to review. 617.5(c)(26) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; " Please call me with any questions. Cc; Paul DeChance, Town Attorney OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex es n P.O.Box 1179 54375 State Route 25 � �? Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM MAR 13 2024 To: Albert J. Krupski Jr., Town Supervisor Members of the Town Board S®Uthold Town Clerk Denis Noncarrow, Town Clerk From: James H.Rich III, Chairman Jv. Members of the Planning Board Date: March 13,2024 Re: Local Law in relation to Amendments to Chapters 240 Subdivision of Land Requiring Moderate Income Family Dwelling Units to be built The Planning Board supports the proposed code amendment to remove the options to building the affordable homes in subdivisions. Background The current Town subdivision code, in Chapter 240,was adopted in 2004. The most notable changes to the subdivision rules that occurred in that 2004 update were the creation of two main categories of subdivision, standard and conservation subdivisions, and the requirement that twenty percent of the yield on standard subdivisions had to be made affordable. Subdivision Code Summary The two main types of subdivisions are outlined in more detail below: 1. Standard Subdivisions a. Maximum number of lots allowed by zoning; b. Required 60% open space for parcels>7 acres; Southold Town Planning Board Page 12 March 13,2024 c. 20%of the lots must be for moderate income family dwelling units (aka affordable or community housing). 2. Conservation Subdivisions a. Number of lots reduced by 60 or 75%; b. Required open space or farmland preservation increased to 80 or 75%; c. Town buys the open space or farmland development rights; d. No affordable homes required. The Town Board sets the selling price for any potential affordable homes each year calibrated to three different income levels. And once created,those homes would be offered by lottery to people on the Town's affordable housing registry list. If a developer prefers not to build the affordable homes in the subdivision,the code offers several options. These include the following: •. The developer can buy out up to 100% o Current rate=$390,750 per house not built. N. Set by Town Board each year. o Allowed to build market-rate homes instead. • The developer can opt to build them elsewhere and then build the subdivision entirely at market rate. • The developer can provide vacant land to the Town or a non-profit like a community land trust to develop the affordable homes. Results from the Current Subdivision Code for New Community Housing After twenty years of these requirements being on the books,the results have been unsuccessful in creating new community housing. There have been two buyouts,representing 14 units of affordable housing that were not built. One buyout was from a standard subdivision of 12 homes (2 affordables required), and the other from a legal settlement for the Harvest Pointe Development(12 affordables required).Between 2017 and 2023,the Town received$1,424,750 into its Housing Fund as result of those buyouts. To date,no affordable homes have been created from that fund.The second option in the code to build elsewhere has never been attempted or proposed. The third option to provide land was attempted once unsuccessfully. During that process it became obvious that providing vacant land was not a practical option for many reasons including the equality of the land being offered,its location relative to the location of the subdivision, and the fact that the Town would have to build it. Southold Town Planning Board Page 13 March 13,2024 In summary, if we did not offer a buyout option, we would have 14 units on the ground today, having been created in places where new construction was already happening.Removing the options, and requiring the affordable homes be built in new subdivisions makes sense for several reasons. 1. It results in home ownership;the model most favored by citizens. 2. It locates new affordable homes dispersed in new neighborhoods where construction is already happening. 3. It simplifies and clarifies the expectations for new standard subdivisions. 4. There is a new steady stream of funding now in place through the Community Housing Act, so the Town no longer needs to rely on the buyout provision to fund community housing initiatives. The second option to build the attainable homes elsewhere is inconsistent with our Comprehensive Plan in that it increases density by building both the subdivision at full lot count of market-rate homes, and the affordables.Also,in twenty years it has never been attempted. And the third option has the same issue of increasing density, as well as the other concerns described above. Removing all of these options and requiring the attainable homes be built is a more certain way to accomplish the goal of creating more housing in a way that is compatible with our community character. The Planning Board appreciates the opportunity to comment on this local law. Please contact the department with any questions. cc. Paul DeChance,Town Attorney COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE RECEIVED DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH CONM SIT E ONER MAR 1 1 2024 ELISA PICCA CHIEF DEPUTY COMMISSIONER Southold Town Clerk March 4,2024 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Denis Noncarrow, Town Clerk Applicant: Town of Southold Zoning Action: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land S.C.P.D. File No.: SD-24-LD Dear Mr.Noncarrow: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, �eA? �� By Christine DeSalvo Theodore R. Klein, Principal Planner Division of Planning& Environment TRK/cd cc: Al Krupski, Supervisor Town of Southold H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2n1 FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 LEGAL NOTICE NOTICE OF ENACTMENT NOTICE IS HEREBY GIVEN THAT that the Town Board of the Town of Southold held public hearings on the aforesaid Local Laws at which time all interested persons were given an opportunity to be heard, and NOTICE IS HEREBY FURTHER GIVEN THAT the Town Board of the Town of Southold herebv ENACTED the proposed Local Laws entitled, A Local Law in relation to Amendments to Chanter 280 Zonina and A Local Law in relation to Amendments to Chapter 240 Subdivision of Land A copv of these Local Laws are available on the Town Website southoldtownnv.aov or at the Town Clerks Office (631 )765-1800. Dated: January 16, 2024 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Denis Noncarrow Southold Town Clerk I b7bf79e lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 02/01/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea L Printed Name DOUGLASWREA ]— ThisDigitally signed Notary Public-State of Ne by douglas w rea NO.01REb398443Date: 2024.03.10 Subscribed and sworn to before me, Qualified ill Albany Cou14:01:49 +00:00 My Commission Expires Sep 3 10 day of March 2024 Notary Signature Notary Public Stamp Q��g11Ff0(��, DENIS NONCARROW �� �G.f, Town Hall,53095 Main Road TOWN CLERK o= P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS Q � .1C Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��.� `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 29, 2024 Re: Resolution Number 2024-193 —A Local Law in relation to Amendments to Chapter 240 Subdivision of Land. Mark Terry, LWRP Coordinator Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear Mr. Terry, The Southold Town Board at their regular meeting held on February 27, 2024 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to the proposed Local Law and forward it to me at a suitable time in order to allow sufficient time for the Town Board to review it before the public hearing. This proposed local law will also be transmitted to the Southold Town Planning Department and to the Suffolk County Planning Department for their review. The date and time for the public hearing is 4:30 P.M., Tuesday, March 26, 2024 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Jennifer M. Mudd Deputy Town Clerk Enclosure cc: Town Board Town Attorney Southold Town Board - Letter Board Meeting of February 27, 2024 RESOLUTION 2024-193 Item# 5.22 spa t ADOPTED DOC ID: 20023 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-193 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 271h day of February 2024, a Local Law entitled "A Local Law in relation to Amendments to Chanter 240 Subdivision of Land"now therefor be it 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 26th day of March,2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose The purpose of this amendment is to ensure the Town's inclusionary zoning results in attainable housing being built in new subdivisions. The change removes the option to buy out or provide other property or build elsewhere, all options which have never been implemented, and have proven to not be practical. § 240-10 Technical requirements. B. Yield plan. (2) Standard subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (c) , Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing [1] Twenty percent of the lot yield as determined pursuant to § 240-1 013(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and Generated February 28, 2024 Page 43 Southold Town Board - Letter Board Meeting of February 27, 2024 administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50. 0 of units as N4!FDUs in the subdivision may be waived. Thi, -.—A ma�, be wa only upon the applicant's ehoosing any one or mh;nntie, Oftho following opti e pursuant to plan!hat ; aceeptable to the-Planning Board and r[hai�the goals .vr er-ea4ing aadar-ietj=of affordable housing eppoi4unities within the [a] The applieapA shall pay a sum to the Trv=dvn of Sou Southold HousingFund. The sum shall be based on!he number-of required N4!FDU lots not eonstr-ueied in the subdivision. The per- uni! sum shall be set annually by resolution of the Town Board and shall eonsider-faetor-s sueh as the aver-age eost of building lots, eests of eonstruetion and median ifleoffie in the T.,.,,,, f Seuthol.l [b] The applieant may build all of the units in another-leeation within the Town of Sou4hold. [e] The applioant may provide property with developmeRt 6&s equal to the number-of the rcquFed N4!FD T units not eo stfueted in the subdivision,to the TTvtd B of Southold ng Fund,North Fork Housing Alliance, Town,ld similar- or other organization approvedby the Te ,,, Board for-the sole purpose of developing development,afferdable housing on the site. The propet:t3z must be aceeptable to the meipient as a viable site for-aff-or-dable housing and proof of same must be pr-ovided to the Planning Board dur- ng preliminary plat r )iew. [d] if this option is ehosen and a waiver-of th- ......it to build N4!F-DUs in the subdivision ff-oved, the appheant may build any remaining allowed lots in the subdivision, aiid they -equir-ed to be N4!FDU units. [3.2] Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees,park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117. [43] Phasing of construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [64] Exterior appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [65] Appeal. A developer of any project subject to the requirements of this chapter may appeal to Generated February 28, 2024 Page 44 Southold Town Board - Letter Board Meeting of February 27, 2024 the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amoun4 of fee eharged of the inclusionary requirement. �L ��L-A Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith,Krupski Jr, Doherty, Evans Generated February 28, 2024 Page 45 00ay ACCOUNT NUMBER CUSTOMER D83503 TOWN OF SOUTHOLD-TOWN CLERK THE DAY PUBLISHING COMPANY PO BOX 1231 47 EUGENE O'NEILL DRIVE CLIENT PAGE NUMBER DUE DATE NEW LONDON,CT 06320-1231 Page 1 of 1 Upon Receipt Order Number Amount Due d01074855 $217.52 TOWN OF SOUTHOLD - TOWN CLERK MAKE CHECKS PAYABLE TO CHECK NUMBER ATTN: TOWN CLERK DAYPUBL SHING COMPANY 53095 MAIN ROAD Include your account#/ PO BOX 1179 order#on your check AMOUNT PAID remittance SOUTHHOLD, NY 11971-0959 United States PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE .<u,..�......, ,... ..,. v..o_,.-....._,.....� ..-�..w,..�.. .. SIZE/LINES �.,GROSS . NETI DATE DESCRIPTION PUBLICATION REFERENCE I- OR QTY' AMOUNT.-OTHER.; AMOUNT! 03/07/24 allotice of Public Hearing 3.26.24 I The Day ; g 2 col $191.52 $0.00 $191.52 03/07/24 :Notice of Public Hearing 3.26.24 Day Classified ¢ 2 col $1.00 $0.00 $1.00( aWebpage ____. _ 03/07/24 i Notice of Public Hearing 3.26.24 CT Public Notices Not Applicable $25.00 $0.00 $25.00 Webpage {Total $217.521 $0.00 $217.52 Account Number Customer Total Due D83503 TOWN OF SOUTHOLD-TOWN CLERK $217.52 Day Credit Department 860-701-4204 Accounting Fax 860-437-7504 Community Classifieds-Toll Free 800-582-8296 Advertising Fax 860-437-8780 Day Publishing Company-Toll Free 800-542-3354 Classified Fax 860-442-5443 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 271h day of February 2024, a Local Law entitled"A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" 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 261h day of March,2024 at 4:36 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" is available in its entirety on the Town Website southoldtownny.gov or the Town Clerk's Office during regular business hours. DATED: FEBRUARY 27, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK Mudd, Jennifer From: Jane Ahrens <ahrens Jane@gmail.com> Sent: Tuesday, March 5, 2024 4:21 PM To: Mudd,Jennifer, Cc: Louisa Evans Subject: Re: Emailing: Ch. 240 - Subdivision of Land.pdf, Moratorium Ext. BESS Facilities.pdf for Publication Hi, Posted on Flshersisland.net https://fishersisland.net/town-board-public-hearing-chapter-240-subdivision-of-land-26mar/ https•//fishersisland.net/town-board-public-hearing-temp-moratorium-on-storage-permits-for-bess/ Jane On Wed, Feb 28, 2024 at 3:29 PM Mudd,Jennifer<Jennifer.mudd@town.southold.ny.us>wrote: Good Afternoon, Please publish both attached notices in the following: 3/07/2024 edition of The Day paper The FI Website Two (2) public places on Fishers Island Thank you, Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch. 240-Subdivision of Land.pdf Moratorium Ext. BESS Facilities.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Jane T.Ahrens Editor, fishersisland.net&eFog Horn 631-788-7487 203-801-8431 Cell/Text https://fishersisland.net https://fishersisland.net/fog-horn/ Instagram @finyinfo06390 Facebook @Fisherslsland.NY FOG HORN DEADLINE: March 25 for April 1 Issue 2 J Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk1 ' Commission 1 ission Cover1 / Planning and Zoning Referrals Municipality: Town of Southold Hamlet:. Local Case Number: 2024-193 District: Section, Block: Lot: Local Meeting Date: 02/21/2024 Application/Action Name: Chapter 240 Subdivision of Land Public Hearing: 91 Yes ❑ No R®ferrin AaencV: TvA&of:Referral: SEORAActioti: El Planning Board or Commission ❑New ElEAF ❑Draft EIS ❑Positive Declaration ❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration ®Town Board/Village Board of ®Modification ❑Draft Scope ❑Findings Trustees Brief description of application or proposed action: Amendments to Chapter 240 Subdivision of Land. Type of Action Please check appropriate box below if action Is located within the Suffolk County Pine Barrens Zone,within one mile of a nuclear power plant or airport or within 500 feet of.• • A municipal boundary; The boundary of any existing or proposed county,state,or federal park or other recreation area; The right-of-way of any existing or proposed county or state road; An existing or proposed county drainage channel line; The Atlantic Ocean,Long Island Sound,any bay In Suffolk County or estuary of any of the foregoing bodies of water, The boundary of county,state,or federally owned land held or to be held for governmental use; The boundary of a farm located In an agricultural district. ❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision ❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance © Code Amendment ❑Area Variance ❑Official Map ❑Special Use Permit/Exception/Conditional Use ❑Moratorium ❑Site Plan Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of GML and Laws of Suffolk County must be used to verify which actlons are subject to referral and the related procedural requirements. Additional Application Information Action Previously Referred to Suffolk County Planning Commission ❑Yes IZ No (If yes,Date ) Adjacent Municipality Notified(see NYS GML 239 nn) W Yes ❑No ❑NIA Located Within Long Island Pine Barrens Zone ❑Yes 0 No Workforce/Affordable Housing ❑Yes ®No ❑N/A Energy Efficiency ❑Yes R No ❑N/A Zoning Board of Appeals Approval ❑Yes ®No ❑NIA Suffolk County Department of Health Approval/Comments ❑Yes ®No ❑N/A New York State Dept.of Environmental Conservation Approval/Comments ❑Yes 19 No ❑N/A New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes M No ❑NIA Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑I ❑II ❑III ❑IV ❑V ❑VI ❑VII Q VIII Contact Information Municipality Contact Name:. Albert J. Krupski Jr.,Supervisor _ Department/Agency: , Town of Southold Phone Number: ;631-765-1800 Email Address: denisn southoldtownny.4ov - Applicant Contact Name: - Denis Noncarrow,Town Clerk Applicant Address: 53095 Main Rd., PO Box 1179, Southold NY 11971 COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER RECEIVED March 4, 2024 i+ Town of Southold MAR -5 2024 53095 Main Road P.O. Box 1179 Southold Town Clerk Southold, NY 11971 Attn: Denis Noncarrow, Town Clerk Applicant: Town of Southold Zoning Action: A Local Law in relation to Amendments to Chapter 240 Subdivision of Land S.C.P.D. File No.: SD-24-LD Dear Mr. Noncarrow: Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, A? By Christine DeSalvo Theodore R. Klein, Principal Planner Division of Planning &Environment TRK/cd cc: Al Krupski, Supervisor Town of Southold H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)863-5191 I -i17�' • • �•I.trr�r�irarir:►�x�x.3rrcrc.�, i- ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X C ❑Agent so that we can return'the card to you. 1. C� I ❑Addressee ■ Attach this card to the back of the maifpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 3 r- 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes r, If YES,enter delivery address below: ❑No LI 1WW'�Park.,G.Qxa B61mo1 VIVIA, Babylon,,NY 11702 3. Service Type ❑Priority Mail Express® [I Adult II I IIIIII illl III I II II II III I IiI II I I II IIIII I I III nature 0 Mai ❑Adult Signature Restricted Delivery ❑Reglstered Mail Restricted ertified Mail® Del 9590 9402 7131 1251 7037 91 Certified Mail Restricted Delivery ❑Signature ConfirmationTm ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail U r ❑Insured Mail Restricted Delivery PS Form 3811,; , ; f + 1 + + + 1 11l 41 P 11 11 4 i 1 1t •i t t 1 July 2620 PSh175 0-02-000-90531 Domestic Return Receipt USPS TRACKING# First-Class Mail �,� Postage&Fees Paid LISPS Permit No.G-10 9590 9402 7131 1251 7037 91 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Denis Noncarrow,Town Clerk PO Box 1179 Southold,NY 11971 ■ Complete items 1,2,and 3. 7BReceived nature ■ Print your name and address on the reverse _ gent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, by(Print Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes - - if YES,enter delivery address below. ❑No S.C. Dept. of Economic Developem�nt.. &Planning H. Lee Dennison Bldg.=4th Fl 100 Vets Mem Hwy/P.O. Box 6100 _I=Iauppauge,NY 1 1 egg _ _ _ _I 3. Service Type ❑Priority Mall Express® II I IIIIlI I'll III I II II II III I III II I I I III I IIII III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Q;Zertified Mail® Delivery 9590 9402 7131 1251 7038 69 Certified Mail Restricted Delivery ❑Signature Confirmation- ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mall I7 i /vet Insured Mail Restricted Delivery, 94 (over$500) i `PS Form3811,July 2020 PSN 7530-02-000-9053 'Domestic Return Receipt USPS TRACKING# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 7131 1251 7038 69 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service ------- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Denis Nonearrow,Town Clerk PO Box 1179 Southold,NY 11971 IIII"�ll�li'"1'�1�'1�Il�'�'�'''�Ii�IIlllllll��,lll�l�ll�l�l�ylll gilFFO(�►�, DENIS NONCARROW �� �G.y Town Hall,53095 Main Road TOWN CLERK p - P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER 'j' RECORDS MANAGEMENT OFFICER ��,( .��� Telephone oldt 76 n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th, 2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission of �2.ao 0001 & q3 sy9b '7o1Y i2oo pool U�If3 5414 Email: Town of Riverhead Town of Shelter Island Town of Southampton--*' Southold Building Dept,-,' Southold Planning Dept✓ Southold Trustees—' Southold Assessors✓ Southold ZBA Village of Greenport✓ Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW � C Town Hall,53095 Main Road "- P.O.Box 1179 TOWN CLERK Southold, New York cry " "". '"•: ro ,". 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER lam" ` " �` Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS:on the proposed Local Laws listed below on-Marcli 26th,2024 at"4:30:yrn at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve(12) month Extension of a Temporary Moratorium on the issuance of aoprovais and/or permits for Battery Fnero:Stora e:Systcm (BE3S1 facilities A Local Law in relation to Amendments to Chanter 240 Subdivision of Land Please sign the(futilicate of this letter and return to meat your earliest convenience. Thank your Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept ISo—utholdiP1an-im-giD ep Southold Trustees Southold Assessors Southold ZBA Village of-Greenport �l-7 -;2 jigpatt6re,Received by �- Date Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 9 2024 Southold Town Clerk 'r \ ;J DENIS NONCARROW � '{ ' � �` 'Gown Hall,53095 Main Road j� �t y '+ f s P.O.BOX 1179 TOWN CLERK Southold New York 11971 Fax(631)765-6145 REGISTRAR.OF VITAL STATISTICS MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERS M f.. -� ,�• www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER r r OFFICE OF TIRE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th,_2024 at 4:30 pni, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve .12 month.Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Enerzy Storage System (BESS) facilities A Local Law in relation to Ainendmcnts to Chapter 240 Subdivision of Land Please sien the duplicate of this letter and return tome at Your earliest convenience. Thank you- J Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees ` Southold Assessors Southold ZBA i F' lage-of Greenport-" gna e, Receive y Date J man rn cu-I� ►�I n fl r� , C Please print name Title RECEIVE® DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 9 2024 Southold Town Clerk ,G DENIS NONCARROW �� ,f, Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ,Z: Fax(631)765-6145 MARRIAGE OFFICER �' 't° RECORDS MANAGEMENT OFFICER ®� �°4 Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www southoldtowrmygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th, 2024 at 4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to..a twelve (1-2) month,Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS)facilities A Local Law in relation to Amendments to.Chapter 240 Subdivision of Land Please simr the duplicate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton 'autboold:Bilding--ept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA j' Village Hof Green o Si ature, Rece d by Date , / ,hae,C,,,7.-tlp,r,�y Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E 8 2 9 -2024 Southold Town Clerk I Town Hall,53095 Main Road DENTS NONCARROW r:;° �✓ P.O.Box 1179 TOWN CLERK CM Southold,New York 11971 REGISTRAR OF VITAL STATISTICSy m'" Fax(631)765-6145 MARRIAGE OFFICER ��, � '" CN Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER , 't www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC REARINGS on the proposed Local Laws listed below on IVlarch"26th:2424 at'4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local.Law in relation to a hvelve 12 month Extension of a Tem ora ,`Moratorium:on the issuance of approvals and/or permits for Battery Enersy Storage System (BESS) facilities A Local Law in relation to Amendments to Chapter 244 Subdivision of Land PIease sio-n the duplicate of this'Ietter and'renu-n to ine at ybur cai Best cailyetiience. Thank'you.. �Lzd' Denis Nonearrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept S" uthg1d Truste_esi, Southold Assessors Southold ZBA Village of 'reenpb Rq ign re, eceived by Date Title Please print name RECEIVE® DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 9 2024 Southold Town Clerk DENIS NONCARROW ��� �� Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER '� '< RECORDS MANAGEMENT OFFICER �,{ Y� Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 266,2024 at 4:30 -pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve(12)month Extension of a TeMDorary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage Systems (BESS)facilities A Local Law in relation to Ameiudments to.ChgRter 240 Subdivision.efland Please sign the duplicate of this letter and return to meat your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island jTgw"f—Southarn t� Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport S"-o� -A- SJLA. y a2p 9/o2°°-6u f Signature,Received by Date 5*UNDy A . SG HMI Vye;ZYf� S0(jTHAMArN MMAI Cl1=�Y g/2MG Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E 0 2 8 2024 Southold Town Clerk DENIS NONCARROW Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK - t` 3 5 Southold,New York 11971 REGISTRAR OF VITAL STATISTICSti y Fax(631)765-6145 MARRIAGE OFFICER /'� :• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �{ 'ice www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th, 2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve (12) mouth Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Enemy Storage System (BESS) facilities A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sin the duplicate of this letter and return to me at your earliest convenience. Thank you. 9w- XnCL-2'1t� Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees �Southokd:Assessors_ Southold ZBA Village of Greenport Signature,Received by Date P ease print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E 8 2 8 2024 Southold Town Clerk STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 2811 day of February, 2024, 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.southoldto=.gov PH 3/26 4:30 PM—LL Chapter 240 Subdivision of Land OK z// ,e!�7 enis Nonciwrow Southold Town Clerk Sworn to before me on the 28th day of February, 2024 otary Public JENNIFER M MUDD NOTARY PUBLIC,S FATE.Os-NInN VORK Registration No.01 hRtRi+%u•:. Qualified in Suffolk(W miv MyCommisslon Expires Fobs 07$10 I�Q fe23b6ba jennifer.mudd@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 03/07/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name DOUGLASWREA Digitally signed Notary Public-State of New York by douglas w rea NO,OIRE6398443 Date: 2024.03.07 Subscribed and sworn to before me, Qualified in Albany County 18:47:49 +00:00 My Commission Expires Sep 30,2027 This 07 day of March 2024 Notary Signature Notary Public Stamp 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 27 day of February 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" 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 R td, Southold, New York, on the 26 day of March, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" is available in its entirety on the Town Website southoldtownny.gov or the Town Clerk's Office during regular business hours. 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 271h day of February 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" 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 26" day of March,2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to ensure the Town's inclusionary zoning results in attainable housing being built in new subdivisions. The change removes the option to buy out or provide other property or build elsewhere, all options which have never been implemented, and have proven to not be practical. § 240-10 Technical requirements. B. Yield plan. (2) Standard subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing [1] Twenty percent of the lot yield as determined pursuant to § 240-1 013(2)(a) and(b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50. [2] T Tpen „lio do t the Planning Beai7.1 the r ,Y,c..4 to build 20-14 . f the total ., ffibon!y upon the applieant's eheesing any one or- eombina !!owing options pur-s ant to a plan that is aeeeptable to the Plamiing Beard and o, of units as N11FDUs in the subdivision may be waived. Thi npnj may be wa I [a] The appleshall pay a su to tIhC,Tv^,'mm of Southoldousing Fund The sum shall be Fund,unit sum shall be set annually by resolution of the Tov,%Board and shall eonsider-faeters sueh as the aver-age oest of building lots, eests of eonstfuetion and median ineeffle in th&- Town of Southold. [bl The applieai:A may build all of the units in another-leeation within the Town of Southold. [e] The applieatit may pr-evide pr-epeFt�, with development rights equal to the number- of the required MIF-DU units net eonst-rueted in the subdivision, to the Tevm of Southold Housing or-other- North Fork Housing Allianee, Gonununity Land Trust of Southold Town, similar-organization appr-eved by the Town Board for-the sole pufpese of developing ai-T-e-r-d-able housing on the site. The pr-epeNy must be aereptable to the r-eeipient as a vi site for aff-er-dable housing development, and proof of same inust be provided to the Planning Board dufing pr-eliminafy plat review. [d] if this option is ehesen and a waiver- of th 4 to build N41FDUs in the subdivision- > subdivision,ild ts in the and the�, Sy-A-A- „at be,required to be A41FD T„„;tom [-32] Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117. [41 Phasing of construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [L4] Exterior appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [65] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the ., „t „f-fee ehar-ged of the inclusionary requirement. DATED: FEBRUARY 27, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK Southold Town Board - Letter Board Meeting of February 27, 2024 RESOLUTION 2024-193 Item# 5.22 ADOPTED DOC ID: 20023 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-193 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2024: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 271h day of February 2024, a Local Law entitled "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" now therefor be it 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 26th day of March, 2024 at 4:30 PM., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240 Subdivision of Land" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The purpose of this amendment is to ensure the Town's inclusionary zoning results in attainable housing being built in new subdivisions. The change removes the option to buy out or provide other property or build elsewhere, all options which have never been implemented, and have proven to not be practical. § 240-10 Technical requirements. B. Yield plan. (2) Standard subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section and shall include a requirement to provide affordable housing. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing [1] Twenty percent of the lot yield as determined pursuant to § 240-10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDUs), as defined, created and Generated February 28, 2024 Page 43 Southold Town Board- Letter Board Meeting of February 27, 2024 administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number if the fractional requirement is 0.50 or greater, and shall be rounded down to the next whole number if the fractional requirement is less than 0.50. [21 Upon applieation to the Planning Bear-d,the r-equir-ernent to build 0 3,; of the total fluffibef of units as N4!FDUs in the subdivision may be waived. Thi t may be wa 1 upon the applioant's ..L...i.sing none or- mbinatiorl of+lza following Options pursuant to a plan that is aeeeptable to the Planning Board and finther-s the geals for- Ming-a variety of affer-dable housing opportunities wi4iin the Town! [a] The applieai# hall r a hm to the Town of Southold Housing F,,n he s shall be 11U The based on the ntHnber- required e_� >\�r!F])U lots not e ns ruete.l in the club„liyisiVll. lllt The per- unit sueh as the aver-age eost of building lots, subdivision,Tev�%of Southold. [b] The applieant may build all of the units in another-leeation within the Toy,% of Southold. [e] The applieant may provide pr-epeFty with development rights equal to the nue.,ber of th required N4!FDU units not eenstmeted in the to the Tev�%of Southold 14eusiing Fund-AieAhFork Housing Alliance, r t Land Tr, st of Southold T ,.,, or- +>10 simila-r-organization approved by the Town Board for-the sole purpose of ty developing elo Nl„ development,aff-er-dable housing on the site. The prepeAy must be aeoeptable to the rveipienl as a vi site for- affordable housing and pr-eef of same must be pr-evided to the Planning Boax-d during preliminary plat review. [d] if this option is eliesen awaiver- e o f the quire +to buildA iTTT.DUD in the subdivisi is l remaining allowed lots 11-llt JNVk ivision, and they approved,� 1 1 liewit may build � .. hall +be required to be AiiTT-D T llni+c- [32j Fee waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for sanitary flow credits purchased pursuant to the provisions of Chapter 117. [43j Phasing of construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [54] Exterior appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6f] Appeal. A developer of any project subject to the requirements of this chapter may appeal to Generated February 28, 2024 Page 44 Southold Town Board - Letter Board Meeting of February 27, 2024 the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and wither the '^* of fee charged of the inclusionary requirement. ;L Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Greg Doroski, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Generated February 28, 2024 Page 45