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HomeMy WebLinkAboutLL #13 2018 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO VWM.DOS.NY GOV SECRETARY OF STATE December 13, 2018 RECEIVED Lynda M Rudder DEC 9 0 201 Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold Town Clerk Southold NY 11979 RE: Town of Southold, Local Law 13 2018, filed on November 30 2018 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 NEW YORK Department STATE OF OPPORTUNITY. of Gate SOUTHOLD TOWN BOARD PUBLIC HEARING November 20, 2018 4:31 PM Present: Councilman William Ruland Justice Louisa Evans Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy Absent: Supervisor Scott Russell This hearing was opened at 4:51 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34, Housing Fund" so 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 201h day of November, 2018 at 4:31 p.m. 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 an Amendment to Chapter 34, Housing Fund" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals puke are resident of the��f Southold and/or empleyed in theTo=k% of Southold who cannot procure affordable housing within the Town. Public Hearing-Ch. 34 Housing November 20, 2018 page 2 § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reinvest i the lives of residents whePe ^nal^r work in the The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. G. The priority population for-eammunity housing will be as follows-. pre volunteer-emer-geney/lif ingser--vieesfor-residents of the Tov,,%r (2) ineeme eligible individuals/families who live and work in the Town of Southold. (3) ineeme eligible individuals/families who live in the Tewn of Southold. (4) Ineeme eligible indivi"als/families who wor-k in the Town of Southold. (5) Ineeme eligible individuals/families who previously lived in the Town and wish to retti C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient,pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Public Hearing-Ch. 34 Housing November 20, 2018 page 3 Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUD4 median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families reside.,As wre work and gar-live it the Town for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families residents who work .,rayon- live in the T.,v,,,. (3) The actual production of community housing for sale to income-eligible individuals or families residents whe work and/er live in the Tovffl. in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold whon with the state' priority population and ineeme eligi ,ili guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents whe work and/or live in the Tv"=wir or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families residents and/or live inthee=on; (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital Public Hearing-Ch. 34 Housing November 20, 2018 page 4 improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (9,9) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed and notarized affidavit that this has been published and advertised on the Town Clerk's bulletin board and again, I have a copy of the public notice and a notarized affidavit that this was published in the Suffolk Times. That's it. COUNCILMAN RULAND: Is there someone in the audience that would wish to speak at this public hearing? Mr. Dunn? ROBERT DUNN: Robert Dunn, Peconic. Item C, at the end of the paragraph, in addition, the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. That second improved maybe should be approved? COUNCILMAN GHOSIO: I would think that that might be correct. Okay. Thank you. MR. DUNN: And if you could just backup a bit on that, in that same line, in addition the Fund will compensate the seller for major capital improvements that are approved, if you make that change. The idea of compensate, this would happen in front of it, I am 100 percent behind the concept here so I am not being critical, just to get (inaudible). This would happen when the person was selling, they would be looking to get their money out and we are using the term, in addition the fund will compensate, when you use the term compensate people right away, that's money and there may be a better word that you can put there with the same meaning that wouldn't give anybody the idea that that's the jackpot. These are people that are going to be Public Hearing-Ch. 34 Housing November 20, 2018 page 5 leaving a home that they may have lived in for a while that they are now selling with restrictions in place and they are going into a new home that is perhaps free marketed and they are paying a much higher value and they are looking to get as much out as they can. So when you use the term compensate, it might give a grand allusion to people who didn't fully understand what they got into. You see where I am going with that. COUNCILMAN RULAND: Yes. MR. DUNN: I just think that may be better thought so as not to mislead anybody especially somebody who may have decided, oh, we'll add a bathroom and it was approved and now they want to be compensated, yeah, but you didn't have to put $4,000 Moen faucets in the bathroom. That was your choice so we can't compensate you for that because that's going to come out of the pocket of the next buyer down the road, so I just think that word compensate may be re- thought and... COUNCILMAN RULAND: Your point is well taken. COUNCILWOMAN DOHERTY: And can we go back to your first comment? I don't know if that were to be approved or improved. The way that I am reading it is `the fund will compensate the seller for major capital improvements that are-that should probably say were improved- in advance by the housing commission. MR. DUNN: The housing commission isn't making any approvals. COUNCILMAN GHOSIO: Right. COUNCILWOMAN DOHERTY: Oh, alright, I am thinking if the improvements were done through the housing commission. MR. DUNN: In other words, what I thought this was saying is we'll even consider improvements that you make to the property in the base price but you have to give us a heads up on that and we have to approve it. If you decide to add you know, a third kitchen, we are not going to compensate you for that because your family decided to have a third kitchen but if you decide to add a third bedroom we'll okay it and that will be included in the base price. I fully understand that. COUNCILWOMAN DOHERTY: And I was reading it that it might be you would be compensated for improvements you have made prior... MR. DUNN: To selling. COUNCILWOMAN DOHERTY: To sell it. Through the housing advisory. MR. DUNN: Okay. COUNCILWOMAN DOHERTY: But you are probably right on that. Public Hearing-Ch. 34 Housing November 20, 2018 page 6 MR. DUNN: Okay, it's probably approved and it's just another word that I would... COUNCILWOMAN DOHERTY: That was already in there. COUNCILMAN RULAND: What we see is one person who read and understands it one way and another person who read and understands it a different way. So the word we are looking for is clarity, so it may be that different words need to be... MR. DUNN: Yes. COUNCILMAN RULAND: This is also why we have a public hearing. MR. DUNN: Absolutely. COUNCILMAN DINIZIO: Actually, this particular paragraph is not the subject of the public hearing, it's the changes to the law. COUNCILWOMAN DOHERTY: Right. This is already part of.... MR. DUNN: Okay but if we change it, then let's change it and make it right. Thank you. COUNCILMAN RULAND: Thank you. Is there someone else who wishes to speak to this? (No response) Motion to close the hearing. This hearing was closed at 4:59 PM Eli abeth A. Neville Southold Town Clerk ' oq W t - } �, `.. W 0<x -a SOUTHOLD X 710 TRAVELER ST CL w SOUTHOLD E4 NY 11971-1000 C3 W-' 3580000971 11/28/2018 - -(800)275_8777-- 4_17 PM o _ 4 C Wa M D ►moi Product===== ------ Sale Pince I Lu Description Qty - - - - - ®w � �C PM Exp 2-Day 1 $24 70 � ®w Flat Rate Env (Domestic) ® (ALBANY, NY 12231) (Flat Rate) (Signature Waiver) (Scheduled Delivery Date) (Friday 11/30/2018 12:00 PM) (Money Back Guarantee) (USPS Tracking #) (EE18631640OUS) o ` PM Exp 1 $0.00 ® Insurance (Up to $100.00 included) USPSCA 1 ($24.70) (USPSCA Number:119294000000) (Name:TOWN OF SOUTHOLD) ` Total-- ------------------$0.00 Includes up to $100 insurance Ca Save this receipt as evidence of s � 3" ` 1 insurance. For information on filing V) r C I an insurance claim go to https://www.UsPs-com/help/claims.htm e a ® Preview your Mail N "r' Track your Packages 4-0 ® � ® ':3 " a Sign up for FREE 0 g V) gm CL Ln � www.informeddelivery.com o N _.A1]—sal Ps fi In, on ct amw--- l -- ELIZABETH A. NEVILLE, MMC ®`' opt Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,�. ®!�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 28, 2018 E"E181331134000S�' Priority Mail Express J RE: Local Law No. 13 of 2018 --/ 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 copy of Local Law No. 13 of 2018 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, V Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney r ' NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY,NY 12231 (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. 13 of the year 2018 . A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housing Fund". Be it enacted the Town Board of the: ❑ County ❑ City Q Town of SOUTHOLD ❑ Village § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters,teachers,nurses, etc.)has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing,prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage,the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families who lack the financial means to rent and/or purchase housing within the Town. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) 1 (�. .Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore,to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Hones sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index(CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are approved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND - The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING- Housing for households whose incomes are not sufficient,pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls,without benefit of subsidies or special financing programs from the Town in the case of owner-occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES -Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUD median income for the County of Suffolk. TOWN- The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families; (3) The actual production of community housing for sale to income-eligible individuals or families in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families; (7) The provision of housing counseling services by not-for-profit corporations that are authorized 2 by the U.S. Department of Housing and Urban Development to provide said services; (8) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase,homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI)increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (9) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income,bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include,but not be limited to, land acquisition,planning, engineering, construction costs and other hard and soft costs associated with construction,rehabilitation,purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. III. SEVERABILITY If'any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall'not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. i I 3 I r y (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) i 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated,as local law No. 13 of 20 18 . of the (Town) (Villago)of SOUTHOLD was duly passed by the TOWN BOARD on November 20 ,20 18 , 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*.) j 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 201 , 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. i 3. (Final adoption by referendum.) i 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)(perniissive)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. i 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. 1 I II i I *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. 11 4 f r I 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&e County legislative bot. City. Town or (Seal) Village rlerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: November 26,2018 (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK 1,the undersigned,hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature William Duffy,Town Attorney Damon Hagan,Assistant Town Attorney Title Gity Town of SOUTHOLD Date: November 26,2018 5 RESOLUTION 2018-1015 ADOPTED DOC ID: 14663 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-1015 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 20, 2018: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`d day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34,Housinz Fund" 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 an Amendment to Chapter 34,Housing Fund" reads as follows: LOCAL LAW NO. 13 of 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are residents of the Town of c oimtrvrand/orcrprvycain the L •A of Sout,„i who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reinvest in the lives of and/or werk in the Te:•.... The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families res who lack the financial means to rent and/or purchase housing within the Town. Resolution 2018-1015 Board Meeting of November 20, 2018 G. The priority population for-eemmunity heusing will be as uv vv v. Ineome eligible individuals/families A4e live and work in the To:,A%of Southold who r-j Inee e eligible individuals/families who-live and v`v'ori'c in the Town of Sou+l,o1 7 ,,, Iineeme eligible ;,,rl:,,;rluaW ,Y.;lies who 1;., in the T.,,,,,", of Se,Ahel.l 1\ T 1' 'L,lo .,a; ,; ], 1s/ :1:a L, ,,„ , >L the Tc„i of Qot+>h7ell dl Ineeme . (5) T- --- = -1-o'b-- -- di v--ua-ls/f-,---oma „be previously li< ed i the�Tvvl and rlol to «e+ ,r, . C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that are approved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUDB median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families residents ' and/or live in the Town n for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families fesidents who workand/or live in the Te_ __; (3) The actual production of community housing for sale to income-eligible individuals or families residents >, wer-kd/or-live in the io-onfl.in conjunction with other Updated: 11/26/2018 9:37 AM by Lynda Rudder Page 2 Resolution 2018-1015 Board Meeting of November 20, 2018 public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold whe agree with the stated p ,-it ,population an ; e eligi it is guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents who work and/or- live in the Tev.,.fl.or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families residents who , er-k and/or live i them; (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (99) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law Updated: 11/26/2018 9:37 AM by Lynda Rudder Page 3 ! �4 Resolution 2018-1015 Board Meeting,of November 20, 2018 as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 6 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans ABSENT: Scott A. Russell Updated: 11/26/2018 9:37 AM by Lynda Rudder Page 4 _#0002277780 c� STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES ' a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 11/01/2018 r Principal Clerk Sworn to before me this —day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My CommlSS1011 Expiloo ropryery 28,5920 f I LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, WHEREAS'there.has been presented to the Town Board of the Town of Southold,Suffolk ➢ County,New York,on the 23rd day of Octo- ber, 2018, a Local Law entitled "A Local Law in relation to an Amendmenfto Cha-= ter 34,Housing Fund"so 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 20th day of November,2018 at 4:31 p.m.at which time all interested persons will be given an opportunity to be heard The proposed Local Law entitled,"A Lo- J cal Law in relation to an Amendment to r lows Chapter 34 Ho'tising Fund',reads as fol- A. The proceeds of the Fund established pursuant to§34-4 shall be utilized in accor- dance LAW N0.2018 dance with law for the following purposes: -A Local Law entitled,L°A Local Law in rela- (1) The provision of no-interest or low- tion to au Amendment to Chapter 34 interest loans to income eligible individuals Housing Fund", - or families WU­ III BE IT ENACTED by the Town Board of the the-Fbwn for the purchase of a first home; Town of Southold as follows:I § (2) The actual production of community The T Purpose.' � -housing for sale and resale to-income-eligible The Town of Southold Housing Fund will individuals-or families residents who work provide the Town with a mechanism to obtain and/or live in the Town• funding and create programs that will in- 0) The actual production of community { crease housing opportunities for families and housing for sale to income-eligible individu- individuals als or families im dn�Tmwir in Southold- conjunction with other public/ who cannot procure affordable private partnerships,such as the North Fork 'housing within the Town. Housing Alliance and the Community Land §34-2 Findings. = Trust of Southold A. The lack of affordable housing creates many adverse effects for the Town.Regional gnidelities !i! employers grapple with the task of hiring and (4)- The actual production and maintenance i { retaining -employees due-to the limited of rental housing for rent to income-eligible availability of affordable housing.Recruiting individuals-or families and retaining essential personnel(police of- with I ficers,fire fighters,teachers,nurses,etc.)has public/private partnersiups whouagrenctioe with become increasingly a challenge due to the the stated profit guidelines; lack of affordable-housing.Volunteer emer- (5) The provision of no-interest or low gency services are also impacted by the lack interest loans to developers for the production of affordable housing,prompting-the possible of commune housm9 for sale to income eli necessity of replacing volunteer services with gible individuals or arm ties for thepurchase paid employees.While the Town has bene- of a first home or for rent to income eli ible { fited from increased tourism and second residents. homeownership,it must also sustain a pop- (6 The rehabilitation of existing J ulation who can afford,to live-and work in buildings and structures in the Town for the Town purpose of conversion tor community housing B Tot address this housing shortage, the for,sale or rental to income-'eligible individu- 1 Town df Southold,mutt create a myriad of housingdratiatives that lead to the creation of mrthe�bavii; affordab u1c (7 fr) The provision of housing counseling ! services by not-for-profit-corporations that The talented and vibrant energy,that was and are authorized by the US Department of is invested in community land preservation Housing and Urban Development to provide must be replicated to create affordable hous- said services; Ing fora`sizable number of individuals and (8 g) The Fund will ensure'the perpetual I families residents who lacC the financial affordability of housing through determining I means to rent and/or purchase housing within resale prices of any home purchased through e.the Town. the Fund.This will'be accomplished through a the following.The Town of Southold reserves rit be as foijowb. the right to require that all housmg�umts pui- chased through the Fund remain affordable in hi die ThWiruf-Srattr6ld perpetuity.All properties purchased through the Fund must be sold back to the Fund for (2) fribo resale to income-eligible individuals/families who who meet the qualifications of defined prior- ity populations.After purchase,homes may be resold to the Fund to potentially realize a Profit. Sale prices will be calculated at the t original purchaserice p• (base price)and shall (5) fucul be adjusted by a percentage which is the same as the percentage by which the Consumer, f-return- Price Index(CPI)increased between the date that the buyer took title to theroe { C.D.- Efforts in the past to create affordable date that a letter of intent is submitted to he )1 housing have failed in their ability to keep the Fund to resell the property Costs for capital ! housing stock affordable upon resale, improvements approved by the Fund's reg-- Therefore,to promote perpetual affordability ulations may also be compensated Capital i within the Town,all recipients of said housing will legally bound sell the improvements are additions that provide JJi l to value to the property above and beyond re- FResale price for- :pairs to maintain the property l the Town's Housing Fund. irproperties mulas for homes purchased from the Fund tionm good condi- . The Housing will be as follows Advisory Commission Homes sold after purchase must approve in advance all'capital iris-_ i will realize profits that are the equivalent per- prove-ments.The Commission must be given ' centage of the Consumer Price In (CPI)as information regarding the scope of work and compiled by the United States Department'of estimate of capital costs. If capital im- Labor.The percentage will be calculated from �provements are'approved, the Commission the date of sale from ffie Fund to the date of will determine if the capital iimprovement -resale to the Fund.In addition,the Fund will may be recouped in the event of resale compensate the seller for major capital im- (9 g) 'The . Housing Fund will stave to build { provements that are improved in advance by housing and sell'housmg that reflects the di- the Housing Advisory Commission.Depreci- verse needs of those seeking affordable hous- j ation may be applied to capital improvements. _mg that includes household income,bedroom §34-3 Definitions. size,etc. Ii As used in this chapter,the followmg words B. For the purposes of this chapter,eligible and terms shall have the following meanings: expenses relating to the production of com- FUND munity housing and-the rehabilitation of ex- { The-Town of Southold Housing Fund autho- 'sting housing-stock and structures under the ' HO pursuant to flus chapter. Fund shall include,but not be lirmted to,land E HOUSING _acquisition, planning,- engineering, 'con- Housing for households whose incomes are structioncosts and other hard and,soft-costs not sufficient,pursuant to banking industry associatedwith constructlon, rehabilitation, standards,to induce private lenders to finance purchase or rental of housing pursuant to this the costs of acquisition of a home with a value'-section,provided that these costs do not ex- at of less than medianvalue as determined by Geed 15%of the projected project costs.Liti- {the Town's'assessmentrolls,-without benefr-t:gation expenses may not be covered by this P of subsidies or special financing programs"Fund 'All revenues received by the Towne from the Town in the case of owner-occupied from the sale or rental of community homes or housing,or in the case of rental housing,as the repayment of loans-shall be deposited in j housing for households whose income is in- this Fund } sufficient to pay the monthly costs'for such HL SEVERABILITY ; housing and maintain such costs within the' If any clause,sentence,paragraph,section,or ' required percentages'of the household's,in- part bf this Local Law shall be adjudged by i come based upon banking industry standards any court of competent jurisdiction to be an- (i-INCOME ELIGIBLE INDIVIDUALS/ valid,the judgment shall not affect the valid- FAMILIES _ ity of this law'as a whole or any part thereof ; Those individuals/families whose-incomes other than the part so decided to be unconsti- ➢ i are below thedesignated percentage of the tutional or invalid HUD'medianincome for the County of Suf- IV. , EFFECTIVE DATE _ f folk, as determined by the Southold Town This Local Law shall take effe Board.In ad n, ct immediately ,' n,individuals/families seek- upon filing with the Secretary of State as Ing grant assistance and loans from otherpub- provided by law. he funding sources may be hunted to- Dated.October 23,.2018 household incomes less than the HUDB median income for the County of Suffolk- BY THE ORDER OF THE TOWN SOUTHOLD TOWN BOARD f The Town of Southold. Elizabeth A.Neville LZEE §34-5 Puiposes of Fund. - Southold Town Clerk -------------- _� -�_ 2277780 ; STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 25th day of October , 2018, 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. PH LL Chapter 34 Housing lizabeth A.Neville Southold Town Clerk Sworn before me this 25th day of Octob 2018. Notary Public LY-NDA M.RUDDER Notary NPubli OIRU6020932State of wYodc Qualified in Suffolk County Commission Expires March 8,20 19 RESO 2018-M \%V� SUMMARY OF LL/AMENDING CHAPTER 34 "A Local law Amending Chapter 34—Housing Fund" THE PROPOSED LOCAL LAW FOR WHICH A PUBLIC HEARING IS BEING HELD THIS EVENING PROPOSES AMENDMENTS TO CHAPTER 34 ENTITLED "HOUSING FUND' THE PROPOSED AMENDMENTS WOULD ELIMINATE CERTAIN PREFERENCE PRIORITIES SO THAT CHAPTER 34 WILL BE CONSISTENT WITH RECENT FEDERAL COURT DECISIONS REGARDING THE FEDERAL FAIR HOUSING ACT AS WELL AS MAKING IT CONSISTENT WITH RECENT AMENDMENTS TO THE AFFORDABLE HOUSING ZONING DISTRICT THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`d day of October, 2018, a Local . Law entitled "A Local Law in relation to an Amendment to Chapter 34, Housing Fund" so 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 20th day of November, 2018 at 4:31 p.m. 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 an"Amendment to Chapter 34, Housing-Fund" reads as follows: LOCAL LAW NO. - 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34,Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are the T f Sound/or empleyed e Town of Southold who cannot procure affordable housing,within the Town. § 34-2 Findings. A. The lack of affordable housing-creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters,teachers, nurses, etc.)has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage,the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reilwest 1" 11 l-,-' -:e' Of residents___,__ 1:_. a a nor-work in the To ,,. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families resits who lack the financial means to rent and/or purchase housing within the Town. G. The * lat r u lvi vJ housing 11 be as f 11 provideineome eligible individuals/families who live and wer-k in the Tev�%of SotAheld who volunteer- /lif saving o ' emer-geney i (2) ineome eligible who 1; and work in the To of SotAL ,1 7 (3)ineome eligible who live in the T,,.,,,, of SetA1,.,1,7 (4)ineome eligible 1individuals/families-`ckho work�'z,the Town f C .4L.ol . (5) ineeme eligible individuals/families who previously lived in the Town and wish to return. C. D. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition, the Fund will compensate the seller for major capital improvements that ares. `famed-rn advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient, pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUDD median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families Vie,+ 1, work and/or- live in the _own for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families r-esidents and/or live the o:v-1- (3) The actual production of community housing for sale to income-eligible individuals or families residents 1, workand/or-live in the Tov n in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold who agree vAth the stated priority pepulation and iReeme eligibili gam; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families Widen*s who work a rthe vfl.or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families feside`As i0dqe werk and/er-live in the Tovgi- (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (87) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took,title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved,the Commission will determine if the capital improvement may be recouped in the event of resale. (9-9) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these,costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: October 23, 2018 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH IN THE NOVEMBER 1,2018 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34, HousinIz Fund" so 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 20tH day of November, 2018 at 4:31 p.m. 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 an Amendment to Chapter 34, Housing Fund" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34,Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are residents oft the of Southold and/or employed ie T,,.,,,, of Southold who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that rainvest i the lives Of a + rb live ,1/er-work in the Tw fa.. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. G. The priority population fer- eerffinunity housingwill l b as f 11 (1) Tneeme eligible b,l d '.1„ 1 / '1; s l live ' work in the Town f Southold 1, provide volunteer <r (2) ineeme eligible individuals/families who 1;<.e and work in the Toy,n of Se iiro'ra (3) rEeme eligible individuals/families who live in the Town of Soutrheld. (4) i=Cern eligible individuals/families who work in the To.,>., of Southold. (5) incerne eligible individuals/families who pr-eviously lived in the Town a-ad wish to return. C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition,the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter,the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient,pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUD4 median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families residents 1, worka ier-lir=e in the Town for the purchase of a first home; (2) The actual production of community housing for sale and resale to income-eligible individuals or families residen6 whoori � /orliye�- she T-01A:=; (3) The actual production of community housing for sale to income-eligible individuals or families reside >1 ' a/ live in theT-ew.B.in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold whe agree with the _+_+_a priority population ,,d ineeme eligibility guidelines; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents who worka/ live in the Tc:•.::or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families residents whe work and/or-live in the ToAA (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved,the Commission will determine if the capital improvement may be recouped in the event of resale. (99) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: October 23, 2018 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk PLEASE PUBLISH IN THE NOVEMBER 1,2018 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. y ��SUFFO;,Co`�3 RESOLUTION 2018-947 'sM0`Qa ADOPTED DOC ID: 14601 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23,2018: THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23, 2018: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23`d day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34, Housing Fund" so 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 20`h day of November,2018 at 4:31 p.m. 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 an Amendment to Chapter 34, Housing Fund" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34, Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who are residents of the-Town of Southold and/or- employedin the Town of Scut who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.) has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reinvest in the lives of Resolution 2018-947 Board Meeting of October 23, 2018 residents whe e and/or-work in the Town. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families residents who lack the financial means to rent and/or purchase housing within the Town. G. The priority population for-community housing will be as follows.: ineeme eligible individuals/families whe live and work in the Town of Southold Who to volunteer-emergeney/life saviei=viees for-r-eside-As of the (2) income eligible individuals4amilies who live and work in the Town of Southold. (3) ineome eligible individuals/families who live i the T.,.,.,, of Southold. (4)ineome eligibleindividuals/families who work in the Town of Southold. (5) ineome eligible individuals/families who pr-eviously lived in the Town and wish to r-etum. C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from . the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition,the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient, pursuant to banking industry standards,to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUDD median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families residents whe work and/or live in the Town for the purchase of a first home; Updated: 10/25/2018 1:31 PM by Lynda Rudder Page 2 Resolution 2018-947 Board Meeting of October 23, 2018 (2) The actual production of community housing for sale and resale to income-eligible individuals or families side..+^ who ' ofk and er-live it the T&"m• (3) The actual production of community housing for sale to income-eligible individuals or families residents whe work and/or live it the Town in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold whe agfee withthe stated priority p „ratio and inceme elig bbl t<, des; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families residents who work ^„d i,,,.live i the -r, v ffl or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of community housing for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families r-esideilAs who work and/or live i the-TTowB; (76) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (98) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition, planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section, provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. Updated: 10/25/2018 1:31 PM by Lynda Rudder Page 3 Resolution 2018-947 Board Meeting of October 23, 2018 III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 10/25/2018 1:31 PM by Lynda Rudder Page 4 ^o�6Ut F0(K�O�-'t RESOLUTION 2018-947 ADOPTED DOC ID: 14601 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23,2018: THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-947 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 23,2018: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 23rd day of October, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 34,Housing Fund" so 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 201n day of November, 2018 at 4:31 p.m. 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 an Amendment to Chapter 34, Housing Fund" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 34,Housing Fund". BE IT ENACTED by the Town Board of the Town of Southold as follows: § 34-1 Purpose. The Town of Southold Housing Fund will provide the Town with a mechanism to obtain funding and create programs that will increase housing opportunities for families and individuals who afe residents of the Toy%of Southold employed in the Town of Sout- o d who cannot procure affordable housing within the Town. § 34-2 Findings. A. The lack of affordable housing creates many adverse effects for the Town. Regional employers grapple with the task of hiring and retaining employees due to the limited availability of affordable housing. Recruiting and retaining essential personnel (police officers, fire fighters, teachers, nurses, etc.)has become increasingly a challenge due to the lack of affordable housing. Volunteer emergency services are also impacted by the lack of affordable housing, prompting the possible necessity of replacing volunteer services with paid employees. While the Town has benefited from increased tourism and second homeownership, it must also sustain a population who can afford to live and work in Town. B. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that lead to the creation of affordable housing that reinvest in the fives 4 l Resolution 2018-947 Board Meeting of October 23, 2018 r-esidei4s,� live and/or work in theTel.vH. The talented and vibrant energy that was and is invested in community land preservation must be replicated to create affordable housing for a sizable number of individuals and families resits who lack the financial means to rent and/or purchase housing within the Town. G. The r rit-y r „la4ioii for- eonhnunity 1,.,uski will be as follows.: (1) Ineeme eligible individuals/families whe live and work in the Tovv%of SetAhoid who ' le volunteer o <.11iFsa-vingfor resides#s of the Toym (2) ineoiffie eligible individuals/families who live and work in the Town of Southold. (3) ineome-eligible individuals/families who live in the Te.A of Southold. (nor)--iineome eligible indi„idu ls4fmmon w he work in the Town of SetAhel.a. (5) income eligible individuals/families who previously lived in the To:,A% and wish to mtum. C. D-. Efforts in the past to create affordable housing have failed in their ability to keep the housing stock affordable upon resale. Therefore, to promote perpetual affordability within the Town, all recipients of said housing will be legally bound to sell their properties to the Town's Housing Fund. Resale price formulas for homes purchased from the Fund will be as follows: Homes sold after purchase will realize profits that are the equivalent percentage of the Consumer Price Index (CPI) as compiled by the United States Department of Labor. The percentage will be calculated from the date of sale from the Fund to the date of resale to the Fund. In addition,the Fund will compensate the seller for major capital improvements that are improved in advance by the Housing Advisory Commission. Depreciation may be applied to capital improvements. § 34-3 Definitions. As used in this chapter, the following words and terms shall have the following meanings: FUND The Town of Southold Housing Fund authorized pursuant to this chapter. HOUSING Housing for households whose incomes are not sufficient,pursuant to banking industry standards, to induce private lenders to finance the costs of acquisition of a home with a value at or less than median value as determined by the Town's assessment rolls, without benefit of subsidies or special financing programs from the Town in the case of owner- occupied housing, or in the case of rental housing, as housing for households whose income is insufficient to pay the monthly costs for such housing and maintain such costs within the required percentages of the household's income based upon banking industry standards. INCOME ELIGIBLE INDIVIDUALS/FAMILIES Those individuals/families whose incomes are below the designated percentage of the HUD median income for the County of Suffolk, as determined by the Southold Town Board. In addition, individuals/families seeking grant assistance and loans from other public funding sources may be limited to household incomes less than the HUD9 median income for the County of Suffolk. TOWN The Town of Southold. § 34-5 Purposes of Fund. A. The proceeds of the Fund established pursuant to § 34-4 shall be utilized in accordance with law for the following purposes: (1) The provision of no-interest or low-interest loans to income eligible individuals or families fesiuo„ts who . er4( and/or live in the -for the purchase of a first home; Updated: 10/25/2018 1:31 PM by Lynda Rudder Page 2 Resolution 2018-947 Board Meeting of October 23, 2018 (2) The actual production of community housing for sale and resale to income-eligible individuals or families r-esident ' and/or-live in the (3) The actual production of community housing for sale to income-eligible individuals or families residents whe work and/or live in the T��in conjunction with other public/private partnerships such as the North Fork Housing Alliance and the Community Land Trust of Southold whe agree4 the stated priority „lat;^n and ineofi l• bil•t �zTrgi vi a i�y, gam; (4) The actual production and maintenance of rental housing for rent to income-eligible individuals or families���who aulive in the n or in conjunction with public/private partnerships who agree with the stated profit guidelines; (5) The provision of no-interest or low-interest loans to developers for the production of communityhng for sale to income eligible individuals or families for the purchase of a first home or for rent to income eligible residents. (6-5) The rehabilitation of existing buildings and structures in the Town for the purpose of conversion to community housing for sale or rental to income-eligible individuals or families residents whe work and/or-u.,e in theTem.n; (7g) The provision of housing counseling services by not-for-profit corporations that are authorized by the U.S. Department of Housing and Urban Development to provide said services; (8-7) The Fund will ensure the perpetual affordability of housing through determining resale prices of any home purchased through the Fund. This will be accomplished through the following: The Town of Southold reserves the right to require that all housing units purchased through the Fund remain affordable in perpetuity. All properties purchased through the Fund must be sold back to the Fund for resale to income-eligible individuals/families who meet the qualifications of defined priority populations. After purchase, homes may be resold to the Fund to potentially realize a profit. Sale prices will be calculated at the original purchase price (base price) and shall be adjusted by a percentage which is the same as the percentage by which the Consumer Price Index (CPI) increased between the date that the buyer took title to the property and the date that a letter of intent is submitted to the Fund to resell the property. Costs for capital improvements approved by the Fund's regulations may also be compensated. Capital improvements are additions that provide value to the property above and beyond repairs to maintain the property in good condition. The Housing Advisory Commission must approve in advance all capital improvements. The Commission must be given information regarding the scope of work and estimate of capital costs. If capital improvements are approved, the Commission will determine if the capital improvement may be recouped in the event of resale. (9-9) The Housing Fund will strive to build housing and sell housing that reflects the diverse needs of those seeking affordable housing that includes household income, bedroom size, etc. B. For the purposes of this chapter, eligible expenses relating to the production of community housing and the rehabilitation of existing housing stock and structures under the Fund shall include, but not be limited to, land acquisition,planning, engineering, construction costs and other hard and soft costs associated with construction, rehabilitation, purchase or rental of housing pursuant to this section,provided that these costs do not exceed 15% of the projected project costs. Litigation expenses may not be covered by this Fund. All revenues received by the Town from the sale or rental of community homes or the repayment of loans shall be deposited in this Fund. Updated: 10/25/2018 1:31 PM by Lynda Rudder Page 3 Resolution 2018'-947 Board Meeting of October 23, 2018 III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. y R Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 10/25/2018 1:3I TM by Lynda Rudder Page 4