S T A T E O F N E W Y O R K
________________________________________________________________________
952
2009-2010 Regular Sessions
I N S E N A T E
January 22, 2009
___________
Introduced by Sens. C. JOHNSON, DIAZ, KRUEGER, ONORATO, PARKER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Local Government
AN ACT to amend the general municipal law, in relation to creating the
Long Island workforce housing incentive program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that it
is the public policy of the state of New York to foster the goal of home
ownership and the provision of affordable workforce housing in areas of
the state, such as Long Island, where there is a shortage of such hous-
ing. It is further found by this legislature that local governments have
a responsibility to assist in the providing of a fair share of the
regional need for affordable housing. Further, each local government has
the responsibility to establish a land use plan for its community that
provides balanced and diverse housing options for all segments of the
community.
This act shall provide that when five or more residential units or
mixed-use development with five or more residential units are seeking
approval to be built, Long Island's local governments in exchange for a
density bonus on site shall require that as a condition of approval for
such site plans and subdivisions the provision of affordable workforce
housing in an amount equal to at least ten percent of the housing units
be set aside. In the alternative, where a local government determines
that the provision of suitable affordable workforce housing may not be
provided on site, that in lieu of said requirement, in exchange for a
density bonus, either a payment may be made of a reasonable sum to be
determined by the local government for the purpose of affordable work-
force housing, which sum shall constitute a trust fund for that purpose,
or other land and affordable workforce housing units constructed thereon
may be provided off-site. It is the intent of the legislature that the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05831-01-9
S. 952 2
density bonus offered by local governments pursuant to this act shall
contribute significantly to the economic feasibility of affordable work-
force housing in new residential or mixed-use developments.
S 2. The general municipal law is amended by adding a new article 16-B
to read as follows:
ARTICLE 16-B
LONG ISLAND WORKFORCE HOUSING INCENTIVE PROGRAM
SECTION 699-D. DEFINITIONS.
699-E. LONG ISLAND WORKFORCE HOUSING INCENTIVE PROGRAM.
699-F. TECHNICAL ASSISTANCE FOR LONG ISLAND WORKFORCE HOUSING
INCENTIVE PROGRAM.
S 699-D. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS
SHALL MEAN:
1. "AFFORDABLE WORKFORCE HOUSING" MEANS HOUSING FOR INDIVIDUALS OR
FAMILIES AT OR BELOW EIGHTY PERCENT OF THE MEDIAN INCOME FOR THE NASSAU
SUFFOLK PRIMARY METROPOLITAN STATISTICAL AREA AS DEFINED BY THE FEDERAL
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. FOR THE PURPOSES OF THIS
SECTION, THE AFFORDABLE WORKFORCE HOUSING UNITS SHALL BE OF CONSISTENT
DESIGN TO THOSE OF THE REST OF THE DEVELOPMENT.
2. "DENSITY BONUS" MEANS A DENSITY INCREASE OF AT LEAST TEN PERCENT,
UNLESS A LESSER PERCENTAGE IS ELECTED BY THE APPLICANT OVER THE OTHER-
WISE MAXIMUM ALLOWABLE RESIDENTIAL DENSITY OR FLOOR AREA RATIO IF PART
OF A MIXED-USE DEVELOPMENT UNDER THE APPLICABLE ZONING ORDINANCE AND
COMPREHENSIVE PLAN AS OF THE DATE OF APPLICATION BY THE APPLICANT TO THE
LOCAL GOVERNMENT. ALL DENSITY CALCULATIONS RESULTING IN FRACTIONAL UNITS
SHALL BE ROUNDED UP TO THE NEXT WHOLE NUMBER. THE GRANTING OF A DENSITY
BONUS SHALL NOT REQUIRE, IN AND OF ITSELF, A COMPREHENSIVE PLAN AMEND-
MENT, ZONING CHANGE OR OTHER DISCRETIONARY APPROVAL. THE DENSITY BONUS
SHALL NOT BE INCLUDED WHEN DETERMINING THE NUMBER OF AFFORDABLE WORK-
FORCE HOUSING UNITS THAT CONSTITUTE TEN PERCENT OF THE TOTAL.
3. "LOCAL GOVERNMENT" MEANS THE COUNTY OF NASSAU OR SUFFOLK, OR ANY
VILLAGE, CITY OR TOWN WITHIN THE COUNTY OF NASSAU OR SUFFOLK.
S 699-E. LONG ISLAND WORKFORCE HOUSING INCENTIVE PROGRAM. 1. WHEN A
LOCAL GOVERNMENT APPROVES A SUBDIVISION PLAT OR SITE PLAN FOR FIVE OR
MORE RESIDENTIAL UNITS OR A MIXED-USE DEVELOPMENT THAT INCORPORATES FIVE
OR MORE RESIDENTIAL UNITS, SUCH LOCAL GOVERNMENT SHALL REQUIRE OF THE
APPLICANT:
A. IN EXCHANGE FOR A DENSITY BONUS, THE SET ASIDE OF AT LEAST TEN
PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE HOUSING ON SITE; OR
B. UPON THE LOCAL GOVERNMENT MAKING A FINDING THAT THE SET ASIDE OF AT
LEAST TEN PERCENT OF SUCH UNITS FOR AFFORDABLE WORKFORCE HOUSING WOULD
HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH, SAFETY OR THE ENVIRONMENT
FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR
AVOID THE SPECIFIC ADVERSE IMPACT, THE PAYMENT OF A REASONABLE FEE,
BASED UPON THE FAIR MARKET VALUE OF THE ADDITIONAL LOTS OR UNITS RESULT-
ING FROM THE DENSITY BONUS, TO THE LOCAL GOVERNMENT THAT SHALL CONSTI-
TUTE A TRUST FUND TO BE USED EXCLUSIVELY BY THE LOCAL GOVERNMENT FOR THE
PURPOSE OF PROVIDING AFFORDABLE WORKFORCE HOUSING BY ACQUIRING LAND FOR
THE SPECIFIC PURPOSE OF PROVIDING AFFORDABLE WORKFORCE HOUSING OR
CONSTRUCTING AFFORDABLE WORKFORCE HOUSING; OR REHABILITATING STRUCTURES
FOR THE SPECIFIC PURPOSE OF AFFORDABLE WORKFORCE HOUSING. ALL FEES
COLLECTED BY THE LOCAL GOVERNMENT AS PROVIDED IN THIS SECTION SHALL BE
IN EXCHANGE FOR A DENSITY BONUS AND SHALL BE DEPOSITED IN A SINGLE TRUST
FUND FOR THE LOCAL GOVERNMENT AND SHALL BE KEPT IN TRUST AND SEPARATE
AND APART FROM ALL OTHER MONIES. MONEYS IN SUCH TRUST FUND SHALL BE
DEPOSITED AND SECURED IN THE MANNER PROVIDED BY SECTION TEN OF THIS
S. 952 3
CHAPTER. PENDING EXPENDITURES FROM SUCH TRUST FUND, MONEYS THEREIN MAY
BE INVESTED IN THE MANNER PROVIDED IN SECTION ELEVEN OF THIS CHAPTER.
ANY INTEREST EARNED OR CAPITAL GAIN REALIZED ON THE MONEYS SO DEPOSITED
OR INVESTED SHALL ACCRUE TO AND BECOME PART OF SUCH TRUST FUND; OR
C. IN EXCHANGE FOR A DENSITY BONUS, THE PROVISION OF OTHER LANDS AND
CONSTRUCTION OF THE AFFORDABLE WORKFORCE HOUSING UNITS THAT ARE NOT PART
OF THE SITE PLAN OR SUBDIVISION PLAT WHERE IT IS DETERMINED BY THE LOCAL
GOVERNMENT THAT SUITABLE AFFORDABLE WORKFORCE HOUSING CANNOT BE PROVIDED
ON SITE.
2. THE LOCAL GOVERNMENT SHALL PROVIDE AN APPLICANT, SUBJECT TO THE
PROVISIONS OF THIS ARTICLE, A DENSITY BONUS FOR PROVIDING THE REQUIRED
AFFORDABLE WORKFORCE HOUSING UNITS. THE LOCAL GOVERNMENT SHALL GRANT THE
ADDITIONAL DENSITY BONUS UNLESS SUCH LOCAL GOVERNMENT MAKES A WRITTEN
FINDING, BASED UPON SUBSTANTIAL EVIDENCE, THAT THE DENSITY BONUS IS NOT
REQUIRED IN ORDER TO PROVIDE AFFORDABLE WORKFORCE HOUSING OR THAT THE
DENSITY BONUS WOULD HAVE A SPECIFIC ADVERSE IMPACT UPON HEALTH, SAFETY
OR THE ENVIRONMENT FOR WHICH THERE IS NO FEASIBLE METHOD TO SATISFAC-
TORILY MITIGATE OR AVOID THE SPECIFIC ADVERSE IMPACT.
3. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE LOCAL
GOVERNMENT SHALL ADOPT AN ORDINANCE OR LOCAL LAW THAT SPECIFIES HOW THE
LOCAL GOVERNMENT SHALL IMPLEMENT THIS ARTICLE, INCLUDING PROVISIONS
SPECIFYING HOW DENSITY BONUSES WILL BE PROVIDED. THE LOCAL GOVERNMENT
SHALL ALSO ESTABLISH PROCEDURES FOR WAIVING OR MODIFYING DEVELOPMENT AND
ZONING STANDARDS THAT WOULD OTHERWISE INHIBIT THE UTILIZATION OF DENSITY
BONUSES ON SPECIFIC SITES. THE LOCAL GOVERNMENT'S ORDINANCE OR LOCAL
LAW SHALL ENSURE THE CONTINUED AFFORDABILITY OF ALL AFFORDABLE WORKFORCE
HOUSING UNITS FOR A PERIOD OF THIRTY YEARS, OR A LONGER PERIOD OF TIME
IF REQUIRED BY A MORTGAGE FINANCING ASSISTANCE PROGRAM, A MORTGAGE
INSURANCE PROGRAM OR A RENTAL SUBSIDY PROGRAM.
4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE LOCAL
GOVERNMENT WILL DEVELOP A STRATEGY FOR UTILIZING THE MONIES IN THE TRUST
FUND WITHIN THREE YEARS OF SUCH MONEYS BEING COLLECTED.
5. A LOCAL GOVERNMENT MAY ENTER INTO INTERMUNICIPAL AGREEMENTS WITH
CONTIGUOUS LOCAL GOVERNMENTS TO MEET THE PURPOSES OF THIS ARTICLE.
S 699-F. TECHNICAL ASSISTANCE FOR LONG ISLAND WORKFORCE HOUSING INCEN-
TIVE PROGRAM. THE DEPARTMENT OF STATE SHALL PROVIDE, THROUGH ITS OFFICE
OF LOCAL GOVERNMENTS SERVICES, TECHNICAL ASSISTANCE TO LOCAL GOVERNMENTS
THAT ARE DRAFTING ORDINANCES AND LOCAL LAWS TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE.
S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.