S T A T E   O F   N E W   Y O R K
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                                   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.