Village of Haverstraw, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 3-3-2008 by L.L. No. 3-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 210.
Zoning — See Ch. 245.

§ 172-1 Purpose and intent.

The Residential Inclusionary Zone (RIZ) is hereby established to foster the development of affordable housing in the Village of Haverstraw. This chapter will provide the Village of Haverstraw with additional zoning tools to achieve these goals. The RIZ enables the Village to evaluate the need and demand for such housing, delineate key aspects of the RIZ (including the type, design, and layout of a RIZ regarding a particular site), and control the impacts that such a development may have on the surrounding community. Furthermore, the RIZ is intended to discourage urban sprawl while encouraging innovative, traditional neighborhood developments which will promote the public health, safety, and welfare of the community while preserving and/or enhancing property values within existing residential areas and preserving the unique character of the Village. The RIZ applies to projects that enable the creation of five or more RIZ dwelling units through either new construction and/or rehabilitation of existing structures that increase the number of affordable units in addition to the existing units. Calculation of the number of units being applied for shall exclude existing residential units that are being demolished and replaced on the applicant's property. To qualify, an applicant with existing units must have a net gain of five units or more over and above the projects' existing units.

§ 172-2 General provisions.

A. 
The RIZ shall represent a new zone applied to the existing Zoning Map according to the amendment procedures set forth herein. The RIZ may be applied to all residential zoning districts in the Village of Haverstraw, provided that all other criteria are satisfied. The RIZ may be considered in the other Village zoning districts, but only after a special public hearing before the Village Board to consider if application of the RIZ is appropriate and under what circumstances and conditions as applied to the underlying district being considered. Unless expressly stated otherwise in this section, all lands affected by a RIZ shall conform to all other applicable provisions of this chapter that are not inconsistent with the RIZ or are not modified by the Village Board during the site plan process. Once applied to a site, the underlying use provisions shall no longer apply during the affordability period but shall be governed by the Village Board's RIZ determination. Bulk requirements of the underlying zone will apply unless varied by the Board.
B. 
The Village Board of Trustees may attach such conditions upon the designation of a RIZ as it may deem appropriate or as may be required as a result of environmental review. Conditions will include a requirement that Village residents receive first preference for units as they become available.
C. 
Developments under this zone must substantially conform to Rockland County's Comprehensive Plan, § 7-703 of the Village Law of the State of New York and §§ 239-m and 239-1 of the General Municipal Law of the State of New York.
D. 
Any individual or developer applying for a RIZ designation must do so at the inception of the proposed project. If an applicant commences a project without a RIZ designation, and later seeks a RIZ designation, the project must be halted and a RIZ application must be processed from the beginning. Such an applicant or developer will require a super majority vote of the Board of Trustees in order to secure a RIZ designation not originally requested before the start of a project.

§ 172-3 Site standards.

A. 
Parcel characteristics. This zone may only be applied to parcels with the following characteristics:
(1) 
Minimum of 0.5 acre.
(2) 
Direct access to a state, county, town or Village road (frontage or driveway).
(3) 
Central water and sewer must serve the development.
B. 
Principal use. The following uses are permitted upon site plan approval of the Village Board of Trustees:
(1) 
Single-, two- and three-family dwellings; and
(2) 
Multifamily dwelling units of four or more units, provided that such dwelling units are arranged as individual dwelling units for the occupancy of individual households.
C. 
Accessory uses:
(1) 
Within the RIZ development, certain related accessory facilities may be permitted, either in a separate building or in combination with a building containing dwelling units, such as meeting rooms, self-service laundries, multipurpose rooms, outdoor sitting areas, walking trails, and other similar outdoor recreation or leisure facilities. Such facilities shall be subordinate to the residential character of the development. Outside advertising is not permitted. Any such accessory facilities shall require specific approval of the Planning Board.
(2) 
In addition, permitted accessory uses include administrative, social and recreational buildings, structures, and areas.
(a) 
Facilities may include, but are not limited to:
[1] 
Swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, shuffleboard, and bocce courts.
[2] 
Off-street parking and private garage facilities.
[3] 
Fences and walls, utility, and maintenance structures.
(b) 
The present zoning regulations applying to the above shall apply unless modified by the Village Board.
(3) 
Individual home occupations may be permitted upon approval of the Village Board of Trustees by special permit as presently set forth in the Zoning Code or as modified by the Village Board.
D. 
Site density. The site density may be up to 25 dwelling units per acre for multifamily units. For purposes of this chapter, "multifamily" shall mean to include four or more family units. In arriving at the specific density, including one-, two- and three-family homes, the Village Board shall consider the requirements of the underlying zoning district, the existing neighborhood character, traffic issues and environmental factors.
E. 
Development coverage.
(1) 
Development coverage may be up to 85%, including building, walks, parking areas, driveways, swimming pools, tennis courts, basketball courts and patios and all impermeable surfaces. Building coverage may be up to 65%. The final percentage of coverage shall be determined after application of the criteria set forth in paragraph § 172-5B(4)(a) through (d) below.
(2) 
A minimum of 15% of the total lot area shall be devoted to sitting areas, gardens, and adjacent usable open space.
F. 
Parking. At least two off-street parking spaces must be provided for each dwelling unit. Each parking space shall be within 200 feet of the unit it is intended to serve. Each parking space shall be a minimum of 8.5 feet by 18 feet. The number and location of handicap parking spaces shall be determined during site plan review.
G. 
Bulk specifications.
(1) 
Height. The maximum building height may be up to 45 feet, with a maximum 3 1/2 stories. Where a structure is on a sloping site, the maximum height may be increased up to 48 feet at the discretion of the Planning Board. Building height shall be defined as the vertical distance measured from the average finished grade at all foundation corners of the building or structure to the highest point of the roof for flat roofs or to the mean height between eave and the ridge for other types of roofs; chimneys, elevator penthouses, tanks and similar projections shall not be included in such measurements, provided that such projection does not occupy more than 10% of the roof area.
(2) 
Building division. Buildings of 60 feet or more in length shall be visually divided into smaller increments to reduce the building's apparent size and contribute to human-scale development.
(3) 
Setback. The minimum distance between detached buildings shall be 25 feet. No principal building may be closer than 15 feet to a property line of the overall development, with actual setback determined by the impact of the size, height and location of the building with reference to the surrounding neighborhood buildings.
(4) 
Appurtenances. Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number of covered receptacles and shall be provided with proper screening and maintenance. All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building.
(5) 
Parking. Parking, other than in driveways leading to a garage or carport, may not occur in a front yard, whether measured from a public or private street. Driveway parking prohibition shall not apply to private internal access driveways within a residential development comprised of multiple dwellings or townhouses if such private driveways are properly sized.
H. 
Unit specifications.
(1) 
The gross floor area of all dwelling units in the RIZ shall not be less than the following minimum requirements and shall conform to the requirements of the New York State Division of Housing and Community Renewal Design Guidelines:
(a) 
Studio: 500 square feet; one bath; maximum one person.
(b) 
One bedroom: 650 square feet; one bath; one to two persons.
(c) 
Two bedrooms: 800 square feet; 1.5 baths; two to four persons.
(d) 
Three bedrooms: 1,000 square feet; 1.5 baths; four to six persons.
(e) 
Four bedrooms: 1,100 square feet; two baths; six to eight persons.
(2) 
The minimum bedroom size under this section shall be 90 square feet. No dwelling units shall contain more than four bedrooms.

§ 172-4 Occupancy standards.

A. 
Occupancy of RIZ dwelling units shall be limited to households earning as follows:
(1) 
Rental units: from 30% to 60% of the current HUD Rockland County area median income (adjusted for family size).
(2) 
Owner-occupied units: from 50% to 75% of the current HUD Rockland County area median income (adjusted for family size).
B. 
Eligibility and affordability in each RIZ project shall be calculated and certified by a New York State approved Community Housing Development Organization/Neighborhood Preservation Corporation (CHDO/NPC) selected by the project developer. The project CHDO/NPC shall report its affordability findings to the Village Board and the designated local CHDO/NPC for the Village of Haverstraw as part of each RIZ application. Affordability shall be measured by New York State affordability guidelines. The local CHDO/NPC shall review the affordability calculations and certification made by the project CHDO/NPC and report its findings to the Village Board. The Village Board will take into account both the project CHDO/NPC's affordability certification and the findings of the local CHDO/NPC's affordability review before rendering a determination concerning RIZ development.
C. 
Owner-occupied units must be only for qualified participants of the New York State First Time Home Buyer Program.
D. 
Senior citizens' units: same income requirements as above in which at least one person is 55 years of age or older, except senior citizens are exempt from the first time Home Buyer criteria that they must be first-time homebuyers. In all other respects, senior citizens must meet First Time Home Buyer Program criteria, including household size, asset limitations, and income eligibility.
E. 
Twenty percent of the units developed in a RIZ may be designated for sale or rent at prevailing market rates.
F. 
For-sale and/or rental calculations. Sales prices shall be calculated on the basis of the median incomes of the target population, a down payment of at least 3%, and the calculation of applicable homeowners' insurance, taxes, utilities and any homeowner's association (HOA) or condominium maintenance fees. HOA and condominium maintenance fees shall be calculated at the same rates as market rate residents in the same development.
G. 
With respect to affordable rental units, it shall be the duty of the project owner or his agent to file a certification with the project CHDO/NPC, which shall include evidence of each renter's household size and income. Such documentation shall be considered compliance with the requirements of the RIZ. Such certification shall be filed no later than April 30 of each year.
H. 
In the case of for-sale units (including cooperative and condominium units), the contract of sale shall include a covenant restricting occupancy of said units only to those persons and/or households permitted by the RIZ. Standard covenants and restrictions concerning occupancy and affordability approved by the project CHDO/NPC and the Village Board shall be set forth in the award letter, the contract of sale and the deed filed in the Rockland County Clerk's office.
I. 
To the extent permissible under applicable state and federal fair housing funding requirements, the initial sale or rental of a RIZ dwelling unit shall first be made available to the following households:
(1) 
Persons residing in the Village of Haverstraw and serving as volunteers in good standing in the fire department or ambulance corps;
(2) 
Persons currently residing in the Village of Haverstraw;
(3) 
Persons employed at the time of initial tenancy or occupancy by the Village and/or Town of Haverstraw, including the North Rockland School District;
(4) 
Persons currently residing in the Town of Haverstraw;
(5) 
Persons employed by the New York State Police; and
(6) 
Persons currently living in Rockland County for at least one year.
J. 
Except for household size and income limitations as set forth herein, occupancy of any inclusionary housing unit shall not be limited by any conditions that are not otherwise applicable to all units within the redevelopment project. Final calculations for the sales price and rental price of these units shall be made prior to the issuance of building permits.
K. 
In the event any RIZ units cannot be marketed in compliance with the above criteria, the Village Board may consider reasonable and appropriate modification of those criteria in order to accomplish the goals of the RIZ.

§ 172-5 RIZ application process.

A. 
Acceptance of an application for RIZ shall be at the sole discretion of the Village Board of Trustees.
B. 
Approval of a RIZ shall also be at the sole discretion of the Village Board and shall require a determination by the Village Board that the application meets the following criteria:
(1) 
Demonstrated local need. The local need for such a development within the community shall be demonstrated by the applicant to the satisfaction of the Village Board of Trustees upon the recommendation of the project CHDO/NPC.
(2) 
Financial viability. The applicant shall document the ability to financially complete an affordable RIZ project by supplying the following as a part of the RIZ application process:
(a) 
An outline of all public and private financing for the proposed project.
(b) 
Evidence of public funding acquired for the project.
(c) 
A proposed affordability plan outlining the targeted population.
(d) 
A timeline of the proposed project showing predevelopment, development, closeout and application of public funds, if applicable.
(3) 
Evaluation and mitigation of significant impacts. In the event the development shall significantly impact the adjacent area, public circulation, historic structures, density, the tax rate base, and any other relevant issues as may be identified by the Village Board of Trustees, the Village Board shall use all practicable means to minimize those environmental effects while still achieving the social, economic, and other goals of this chapter.
(4) 
In order to accomplish the goals set forth in this chapter, the Village Board may vary the bulk requirements set forth in this RIZ and those requirements that apply from the Village Zoning Law. In order to achieve a project that accomplishes the goals of this district, balanced by acceptable impact on the surrounding neighborhood and community, the following shall be considered by the Village Board:
(a) 
The benefit the proposed inclusionary housing will bring to the Village and whether there is a need for additional inclusionary housing.
(b) 
The extent of impact and change to the character of the neighborhood.
(c) 
Whether there are available other, more viable locations or methods to achieve inclusionary housing.
(d) 
The extent any adverse physical or environmental impact on the surrounding neighborhood and community can be mitigated.

§ 172-6 Site development concept plan.

A. 
The development concept of all areas encompassed by a RIZ shall be adequately described by a site development concept plan comprised of scaled drawings and associated reports. At a minimum, the site development concept plan shall adequately describe:
(1) 
The boundary and area of the RIZ district, including underlying zoning districts.
(2) 
The general location, orientation, and size of proposed principal and ancillary structures and the individual lots upon which they are situated; associated parking, density, open space, landscape, and recreation areas, refuse areas and stormwater management areas; the location, size and general treatment of environmentally sensitive areas; and the general pedestrian and vehicular traffic routes (external and internal) to and from the development.
(3) 
Tabular data, written statements, graphic materials and illustrations sufficient to demonstrate compliance with all applicable provisions of this chapter.
(4) 
Any additional data that the Village Board deems necessary to evaluate the development proposal.
B. 
Prior to making its determination regarding the approval of any final RIZ submission, the Village Board shall seek the opinion of the Planning Board. The Planning Board shall have 62 days to report to the Village Board after the closing of the Planning Board hearing, upon notice to all landowners within 300 feet, by certified mail, return receipt requested. If no report is forthcoming in this time, the Village Board may proceed to act. The preliminary and final RIZ application shall be reviewed by the Village Technical Advisory Committee and their recommendations sent to both the Planning Board and the Village Board.
C. 
After receipt of the Planning Board and the Technical Advisory Committee recommendations, the Village Board shall meet initially with the applicant in open workshop session, and when the application and all details have been discussed with the Board, a public hearing shall be noticed in the same manner required by § 245-33 of the Village Ordinance[1] for variance applications heard by the Village Zoning Board of Appeals, with the exception that notices shall be sent to all property owners within 300 feet of the site seeking RIZ designation.
[1]
Editor's Note: See Ch. 245, Zoning.
D. 
If the Village Board adopts the RIZ district designation, the applicant shall proceed to site plan review by the Planning Board in accordance with the site plan review provisions of § 245-16 of the Zoning Ordinance. The site plan must be generally consistent with the concept approved as a basis for the RIZ district designation. If the Planning Board approves a site plan that varies from the concept approved by the Village Board in a significant dimension or density (10% or greater), the plan shall be referred back to the Village Board for review and approval.

§ 172-7 Continued affordability requirements.

All projects shall comply with the following provisions to ensure affordability of units in the RIZ:
A. 
Ninety-nine-year affordability. All affordable units in the RIZ shall remain affordable for a period of no less than 99 years, commencing from the date of initial occupancy of the unit.
B. 
Compliance. Affordability shall be monitored by the project and local CHDO/NPC. Monitoring criteria shall be governed by the requirements of the U.S. Department of Housing and Urban Renewal and the New York State Department of Housing and Community Renewal. Affordability monitoring reports shall be supplied by the project CHDO/NPC to the local CHDO/NPC by July 1 of each year. The review of the project CHDO/NPC's affordability report shall be supplied to the Village Board by the local CHDO/NPC by August 1 of each year.
C. 
Deed restrictions. Provisions to ensure continued affordability of all affordable units in the RIZ project shall be embodied in legally binding agreements and/or deed restrictions, which shall be prepared in a manner that conforms with the affordable regulatory restrictions set forth in Subsection D, Resale provisions.
D. 
Resale provisions.
(1) 
Owners benefitting from the purchase of an affordable unit shall be required to maintain the unit as their primary residence for a minimum of 10 years in order to retrieve any equity. Prior to 10 years, the owner shall be entitled to cash outlay at time of closing for down payment and closing costs, mortgage loan principal pay-down, and any improvements made to the unit, provided that there is documentation for improvement costs.
(2) 
Resale prices for units sold after 10 years shall be determined by Housing and Urban Development (HUD) Income Guidelines for the current year at time of sale.
(3) 
Those units designated at specific income tiers must be resold to households at the same income tier (e.g., units sold to families at 65% of median income shall be sold to a household earning up to 65% of the median income at the time of sale, as determined by HUD Income Guidelines).
(4) 
In no event shall an owner be compelled to sell at a price below his cost. "Cost" is defined as any cash outlay for closing costs and down payment, and any improvements made.
E. 
Sale procedure.
(1) 
RIZ owners wishing to sell their home shall notify, by certified mail, return receipt requested, both the project CHDO/NPC and the local CHDO/NPC for the purpose of locating a qualified RIZ purchaser in the same specific income tier as the seller at the time of the seller's purchase. Purchaser priority shall be as set forth in § 172-4 above. The project and local CHDO/NPCs shall have 30 days to locate a qualified RIZ purchaser. If 30 days after notification the project and local CHDO/NPCs cannot locate a qualified buyer, the owner may list his or her home for sale on the open market subject to the resale provisions set forth in § 172-7D above.
(2) 
In the event a RIZ unit has been listed on the market for sale for more than six months without receiving a qualified RIZ purchase offer, the owner shall notify both the project and local CHDO/NPC by certified mail that a qualified purchaser for the unit has not been obtained. Thereafter, the project and local CHDO/NPC shall have 30 days to exercise a right of first refusal to purchase the unit at the price mandated by this chapter. The priority of the exercise of the right of first refusal shall be, first, the project CHDO/NPC and, second, the local CHOD/NPC. In the event the project CHDO/NPC declines to exercise its option, the local CHDO/NPC shall purchase the property. The contract of sale between the unit owner and the purchasing CHDO/NPC shall provide for a closing date of 90 days from the date of the contract.
F. 
Rent increases. Annual rent increases shall be limited to the percentage increase in the median household income within the Standard Metropolitan Statistical Area for Rockland County.