This chapter establishes criteria for the 12
affordable middle-income units at BelleFair required under Condition
16 of the High Point Village (now BelleFair) PUD approval resolution
adopted by the Board of Trustees of the Village of Rye Brook on January
27, 1998. The purpose of this chapter is to implement Condition 16
and thereby to encourage the development of additional housing options
to assist in accommodating a Village and regional demographic need
for affordable home ownership opportunities, to establish priorities
intended to assist in attracting and retaining qualified Village,
school district, town and emergency service organization personnel,
and in encouraging residents to remain in the community.
An affordable middle-income unit under this
chapter shall be constructed, sold, resold, conveyed and occupied
only as provided in this chapter.
The BelleFair Home and Land Company shall be
responsible for constructing 12 affordable middle-income units consistent
with the approved site plan. Such units shall be constructed using
materials, mechanical systems and exterior finishes as shown on the
plans approved by the Village's Board of Architectural Review, and
in accordance with, or at least equivalent to, the construction specification
details approved by the Board of Trustees on February 13, 2001.
The BelleFair Home and Land Company shall be responsible for the marketing and initial sales of the 12 affordable middle-income units in accordance with the provisions of this chapter. The Village of Rye Brook is not the seller, nor an agent for the seller, of the affordable middle-income units. However, the Village of Rye Brook may act during marketing to ensure adequate outreach to prospective purchasers among those groups noted in §§
6-1 and
6-7. Prior to conducting marketing or initial sales, the BelleFair Home and Land Company shall execute and record a declaration of restrictive covenant, satisfactory to the Board of Trustees, to establish permanent provisions addressing the sale and resale of the affordable middle-income units in accordance with this chapter, and will provide a copy of the recorded instrument to the Village. Said declaration of restrictive covenant shall also be included by amendment in the BelleFair Homeowners' Association Offering Plan, a copy of which shall be provided to each prospective purchaser.
A person or persons eligible to purchase an
affordable middle-income unit shall have a total household income
of not more than 115% of the Westchester County median income for
a four-person household, as established by the United States Department
of Housing and Urban Development (or successor agency) at the time
of contracting for purchase. Income eligibility of prospective purchasers
will be verified by the BelleFair Home and Land Company for initial
sales. "Total household income" shall mean all current income of all
household members from any source whatsoever at the time of contracting
for purchase, but excluding earnings of working minors (under 21 years
of age) attending school full-time.
The Board of Trustees may by resolution designate
from time to time an official, board or entity, other than the Village
Administrator, to fulfill the powers and duties of the Village Administrator
under this chapter. The Village Administrator may designate a consultant
or agency to assist the Village Administrator in the administration
of this chapter with the approval of the Board of Trustees. The Village
Administrator shall from time to time report to the Board of Trustees
concerning the administration of this chapter.
[Amended 11-22-2011 by L.L. No. 7-2011]
A. An affordable middle-income unit under this chapter shall be owner-occupied. The term "owner-occupied," as used in this chapter, shall mean that the owner of an affordable middle-income unit must occupy the unit as his or her primary residence and must reside there at all times except for temporary absences of reasonable duration such as vacations, emergencies and other similar events. No affordable middle-income unit shall be occupied by any person other than the owner and the owner’s immediate family. The owner shall not rent, lease or sublet the affordable middle-income unit to anyone, or otherwise permit anyone to occupy the unit in his or her absence. The term "owner,” as used in this chapter, shall mean an eligible purchaser meeting the criteria set forth in §§
6-6 and
6-7 of this chapter to whom an affordable middle-income unit has been conveyed. The deed, or other instrument of conveyance by which a middle-income unit is conveyed, shall include only the name(s) of the owner and no others.
(1) Prior
to the transfer of ownership of a middle income unit, the Owner will
acknowledge in an affidavit submitted to the Village Administrator
that only the eligible purchaser’s name will appear on the deed
or other instruments of conveyance. Copies of all deeds and other
instruments of conveyance must be provided to the Village Administrator
within a reasonable time after the transfer of ownership of a middle
income unit.
(2) No individual(s),
other than the owner(s) listed on the deed, shall have any ownership
interest in the middle-income unit except by succession to a spouse.
B. The Village Administrator shall have the authority to determine cases of significant hardship which may warrant the waiver of the provision of §
6-12A above on a temporary basis and/or applications for a temporary absence for a reasonable duration pursuant to the provisions of § 16-12A. The determination of the Village Administrator in this regard, including but not limited to the establishment of conditions for such waiver or temporary absences for a reasonable duration, shall be final.
In the event that any of the provisions of this
chapter are determined by a court of competent jurisdiction to be
invalid or unlawful by a judgment or order, the remaining provisions
of this chapter shall not be affected and shall continue in full force
and effect.