[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 9-4-2007 by L.L. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 53.
Zoning — See Ch. 155.
A. 
The Board of Trustees of the Village of Kiryas Joel hereby finds that the need for affordable housing in the Village is great and warrants the establishment of a system by which specific incentives or bonuses are granted for this purpose. The Board of Trustees further finds that several social benefits will inure to the community the need for affordable housing being an inherent element of the Village comprehensive plan. These benefits include the ability to accommodate the location, within the Village, of first-time homebuyers and households otherwise transitioning to homeownership, the strengthening of cultural and family values and the encouragement of property maintenance from the assuming of household ownership responsibilities.
B. 
This Chapter 47, pursuant to the authority of § 7-703 of the New York State Village Law, offers adjustments in the permissible population density, area, height, open space, use, and other provisions of the Village of Kiryas Joel Zoning Law for the specific purpose of encouraging the long-term development of owner-occupied housing for persons of low or moderate income.
C. 
This chapter seeks to encourage and benefit first-time homebuyers as an aid to transitioning families to home-owning status so as to strengthen the community with the investment of growing families. As such, the law will require owner occupancy by middle- and lower-income families and does not allow profiteering by investors and speculators. Preference is given to families originating within the Village of Kiryas Joel.
D. 
This Chapter 47 also supersedes § 7-703, Subdivision 2 and Subdivision 3, Paragraph a, of the Village Law so as to not only offer a system of bonuses and incentives for affordable housing, but also to mandate its use in the case of owner-occupied multifamily and duplex dwelling projects of 8,000 square feet or five dwelling units or more in total.
E. 
All new multifamily dwelling and duplex residential projects of 8,000 square feet or five or more cumulative dwelling units in total on the same parcel of land or as part of a common scheme or plan of development shall provide for affordable housing as set forth herein.
F. 
Any substantial improvement of existing residential projects of 8,000 square feet or five or more units on the same parcel of land shall also be subject to these requirements. A substantial improvement shall mean any reconstruction, rehabilitation, addition or other improvement of a building, the cost of which equals or exceeds 50% of the market value of the building before the start of construction of the improvement, or which adds 50% or more to the floor area or number of residential units involved.
Affordable housing shall consist of owner-occupied dwelling units marketed at a net affordable purchase price (NAPP) per square foot of individual unit floor area, including all fees. Floor area, for this purpose, shall not include decks and patios. Floor area shall also not include separate building storage areas, separate building mechanical space and common areas, all of which shall be considered common area and not considered in the purchase price. Initially, the NAPP shall be $125 per square foot in 2007 dollars. However, the NAPP shall be reviewed and may be amended from time to time and at least annually by resolution of the Village of Kiryas Joel Board of Trustees. (NOTE: This value is based upon 80% of the highest construction cost for a mid-rise apartment project of 32,000 square feet, as estimated using the RSMeans Reed Construction Data Quick Cost Calculator, for Suffern, New York. This formula may or may not be used in calculating the actual number. The Board of Trustees may also substitute an equivalent base standard in the event such data is unavailable.) The current applicable NAPP shall be filed with the Village Clerk.
The Board of Trustees of the Village of Kiryas Joel shall administer the system of bonuses, incentives and requirements provided herein for affordable housing. It shall bear responsibility, also, for adjusting the definition of affordable housing as provided herein, establishing the income limits pertaining to this program, assuring compliance with these requirements, administering associated programs and otherwise promoting affordable housing in the Village of Kiryas Joel. The Village of Kiryas Joel Planning Board shall also apply these requirements in reviewing and approving subdivision and site plans for new housing projects subject to this Chapter 47.
A. 
Minimum allocation.
(1) 
A minimum percentage allocation (MPA) of the square footage of the net individual unit floor area in all new or substantially improved nonrental multifamily dwelling and duplex residential projects of 8,000 square feet or five or more cumulative dwelling units in total on the same parcel of land, or part of a common scheme or plan of development, shall be dedicated to affordable housing units (see § 47-1 for definition of substantial improvement). Such units shall be marketed to eligible households, as defined in § 47-6 below, and at the NAPP set forth in § 47-2 above. Should the square footage so determined result in fractional number of units, the Village of Kiryas Joel Planning Board shall determine the number of units required under the circumstances, by either requiring the developer to devote additional square footage to affordable housing or by waiving requirements as may be necessary to yield the nearest number of whole units. The initial PA shall be 20%. However, the Board of Trustees may, from time to time by resolution, adjust the MPA of affordable housing square footage as appropriate to reflect changing community needs. The current PA shall be filed with the Village Clerk.
(2) 
Any rental units created subsequent to adoption of this chapter and thereafter offered for sale as individual units shall also be subject to this chapter. The Village Planning Board, in approving new rental projects, shall require the adoption of deed covenants so restricting any future sale of such rental units.
B. 
Quality and size of units. Affordable housing dwelling units shall be of a comparable basic construction quality to other dwelling units in a given project that are not marketed as affordable housing. Notwithstanding this, affordable housing units may contain less floor area, provided that no affordable housing dwelling unit shall contain less than 1,300 square feet of floor area or more than 1,600 square feet of floor area. However, where 80% or more of the market rate units are less than 1,300 square feet, the affordable units may be reduced to the average unit size of the market rate units. All affordable housing units shall contain a minimum of three bedrooms, one dining room, one eat-in kitchen (EIK) area, one deck of not less than 100 square feet and adequate storage space in the building storage area. The storage and deck area, however, shall not factor into the calculation of price per square foot.
C. 
Basement units. The maximum amount of square footage to be allocated for affordable housing shall be 20% of the total living space in any basement. The allocation for affordable housing in any upper stories shall be at the developer's discretion, provided the total square footage requirement for the project as a whole is met. It is intended that affordable housing and market rate units be intermingled wherever practical.
D. 
Unit condition. Purchasers must accept units in a basic as-depicted and conforming to the plans physical condition, provided they meet New York State building standards, Village of Kiryas Joel Zoning Law requirements and the standards of this chapter. Purchasers shall be entitled to no modifications except as may be required by law for handicapped access. Moreover, developers of affordable housing shall not comply with purchaser requests for any extra options or upgrades to be financed by the developer, the purchasers of such units, or others. All affordable units shall be fully ready to occupy, except for appliances, prior to sale.
E. 
Review and approval. Prior to the issuance of a building permit, the Village of Kiryas Joel Planning Board shall review and approve the subdivision, site and building plans to ensure the project meets the requirements of this Chapter 47. Prior to issuance of any certificate of occupancy, all requirements of this chapter shall be met. Any certificate of occupancy issued without compliance with this chapter shall be null and void. The seller of any unit without a valid certificate of occupancy shall be liable in damages resulting from the lack of such certificate.
A. 
Height and design. All housing structures that incorporate affordable housing as provided herein may extend to four stories in height above a nonhabitable cellar level (NOTE: The New York State Building Code permits four-story dwellings of wood construction up to sixty-foot maximum height. This is achieved by installing a sprinkler system and by providing an assembly rating of one hour on all structural members. This type of construction is defined as Type V-A. In addition to the NYS Code requirement, the Village may require a two-hour firewall between each section of the building.), provided all New York State Building Code standards with regard to construction are met. An elevator or reserved space for an elevator, depending upon state Building Code requirements, may be required by the Village of Kiryas Joel Planning Board. The Planning Board shall, to encourage the development of affordable housing, also be authorized to grant other design incentives related to site plan features, provided that all minimum building code and zoning requirements are met.
B. 
Units under four stories. The minimum percentage allocation (MPA) of the square footage of the living space for affordable housing is a mandatory set-aside. This standard must be met regardless of the fact a building is comprised of less than four stories in height above a nonhabitable cellar level.
C. 
Sewer connection fees. The Village of Kiryas Joel may postpone the sewer connection fee for any affordable housing unit, subject to the repayment provisions of § 47-6F(4) below.
A. 
Eligibility. Affordable housing units shall be marketed, for owner-occupied housing only (also see Subsection E below), to households approved for eligibility by the project owner or developers subject to provisions of this chapter and such additional guidelines as may be promulgated by the Village of Kiryas Joel Board of Trustees. Eligibility shall be limited to proposed owner households with combined earned and unearned income of less than the percentage of median income (PMI) for the Village of Kiryas Joel, or the target income (TI), each averaged for the three most recent years, whichever shall be greater. The PMI and TI shall be reviewed and may be adjusted, by resolution, at least annually by the Village of Kiryas Joel Board of Trustees based upon changes in the composite U.S. Consumer Price Index. Median income shall be as determined by the U.S. Department of Housing and Urban Development for the most three most recent years available. The initial PMI shall be 90%. The initial TI shall be $50,000. The current PMI and TI shall be filed with the Village Clerk.
B. 
Selection priorities. The Village of Kiryas Joel Board of Trustees may, based upon surveys of community housing needs, develop a system of owner-occupant selection priorities to be implemented and used by the project developer or owner in selecting owner-occupants.
C. 
Verification. The Village of Kiryas Joel Board of Trustees may develop procedures and such implementing regulations as may be appropriate for this affordable housing program. The project owner or developer shall take applications, verify eligibility through documentation of income and otherwise assure compliance with the occupancies of affordable housing units provided under these regulations. Prior to the issuance of a certificate of occupancy for any affordable housing unit, the builder or developer shall provide the Village of Kiryas Joel Building Department with adequate evidence of sale to qualified households at the required price.
D. 
Marketing of units. The project owner/developer shall determine whether a household is eligible for affordable housing provided hereunder and shall formally reply in writing to all applicants for such housing. Affordable housing unit availability shall be advertised in a newspaper of general circulation in the Village of Kiryas Joel at least 30 days prior to the units being offered for sale. Such newspaper shall include one designated or approved by the Board of Trustees. Notice of the same shall concurrently be given in writing to the Village of Kiryas Joel Board of Trustees and Village of Kiryas Joel Housing Authority.
(1) 
Complaints. Any person aggrieved by the decision of an owner/developer in application of the eligibility and owner-occupant selection criteria or by the owner/developer's noncompliance with the standards of this chapter may file a written complaint with the Village of Kiryas Joel Housing Authority for a review of the owner/developer's conformance to the standards of this chapter, provided that such complaint is filed within 30 days of the owner/developer's action. The owner/developer shall be entitled to a copy of the complaint. The Authority shall make a finding with respect to any such complaint within 60 days of the receipt thereof. Such finding shall be deemed advisory and shall be issued to the party making the complaint, with a copy to the Village of Kiryas Joel Board of Trustees and to the owner/developer.
(2) 
Remedies.
(a) 
The Board of Trustees, upon receipt of a finding that the owner/developer did not conform to the standards of this chapter, may, in its sole discretion, pursue such administrative or other civil remedies as may be available to it by law, including but not limited to qualifying the applicant for future housing, requiring the owner/developer to make additional affordable units available or the filing of a lien for the value of the affordable housing not properly provided in accordance with this chapter.
(b) 
The duty of the Housing Authority and of the Board of Trustees shall be a general duty. No one is authorized to create, imply, or infer a special duty for which the Village, its Boards, officers, employees, or agents are liable. Any action against the Village, its Boards, officers, employees, or agents alleging a special duty or requiring the allegation of a special duty shall be deemed frivolous. Any person aggrieved, having filed a complaint and received a finding, shall be free to pursue any available legal remedies against an owner/developer who is violating the provisions of this chapter.
E. 
Ownership of units. An affordable housing unit may be titled to another entity or person, provided the unit is occupied by an eligible applicant who transitions to 100% ownership over seven years, such that the applicant becomes the primary homeowner. A binding contract of sale must in such circumstance be provided documenting that the applicant has the irrevocable right to purchase the unit in fee simple at the original purchase price at the end of such seven-year term. At all times shall the applicant and ultimate owner be the occupant of the unit.
F. 
Resales of units. The purchaser of any affordable housing unit shall, for a period of seven years following purchase, be obligated to resell such unit only to another household eligible, under these regulations, for affordable housing, except as provided in Subsection F(1) below for market-rate sales. Determinations of eligibility in such instance shall be made by the Village of Kiryas Joel Housing Authority. Notwithstanding this provision, an owner/developer may retain a right of first refusal with respect to such units, provided that they are subsequently resold only for affordable housing pursuant to this chapter. However, rentals of such units shall not be permitted under any circumstances, by either the developer/owner or affordable housing purchaser.
(1) 
Market-rate sales. Any sales within the seven years shall be subject to a payment to the Village of Kiryas Joel Affordable Housing Fund (see § 46-7 hereof) in an amount equal to the sale price less the base (original sale) price divided by seven and multiplied by such number of years, to the nearest quarter, that occupancy fell short of the seven years required. The base price may include up to 5% for approved improvements made to the unit and an adjustment for inflation based upon the Consumer Price Index.
(2) 
Redevelopment fees. Sales that take place within seven years shall be subject, also, to a redevelopment fee of $5,000 for each and every full year less than seven that the unit is owned by the original purchaser, up to maximum of $25,000. Such redevelopment fee shall be paid to the Village of Kiryas Joel Affordable Housing Fund (see § 46-7 hereof) for use in making additional affordable housing available within the Village. The Village of Kiryas Joel Board of Trustees shall have authority to waive or reduce this redevelopment fee in instances of documented hardship due to sudden changes in family situations or for other good cause, but shall be under no obligation to do so.
(3) 
Repayment of waived fees. Should a sale take place more than seven years after purchase, the unit may be sold by the eligible applicant to any party, provided that a sum equal to the total of all fees initially waived by the Village of Kiryas Joel, together with an inflation adjustment based on the composite U.S. Consumer Price Index, be repaid to the Village out of the proceeds. In the event the original eligible applicant has not transitioned to full ownership during said period, the unit shall be offered to another eligible applicant pursuant to the procedures contained herein.
G. 
Mixed-use projects. Should a project include a combination of units for lease and units for sale, all mandatory set-asides shall apply and the minimum percentage allocation (MPA) of the square footage shall be sold as affordable housing and the affordable housing restriction shall run until perpetuity. Should a developer elect to lease all of the units, a minimum percentage of the units equal to the MPA shall be rented as affordable housing rentals at rates commensurate with the sale prices provided for herein, as shall be determined by the Village of Kiryas Joel Board of Trustees. At any time thereafter, should the developer sell any of the units, the mandatory set-aside for the sale of the MPA of the entire square footage of the development for affordable housing shall apply.
H. 
Down payments. No sales agreement for affordable housing unit subject to this chapter shall require a down payment of more than 10% of the purchase price from an eligible household.
There is hereby created, pursuant to § 10 of the New York State Municipal Home Rule Law, a Village of Kiryas Joel Affordable Housing Fund for the purpose of providing affordable owner-occupied housing for income qualified households. Such fund shall be a segregated municipal fund controlled by the Village of Kiryas Joel Board of Trustees and used exclusively to provide for the acquisition, planning, construction, improvement, sale or resale, subsidy or other legal means of creating more owner-occupied affordable housing for income-qualified households within the Village of Kiryas Joel.
A. 
Fund deposits. Deposits into the fund may include revenues of the Village from all authorized sources approved by the Board of Trustees and shall include, at a minimum, all revenues from payments and fees collected by the Village pursuant to the Affordable Housing chapter.
B. 
Gifts. The fund shall also be authorized to accept gifts. Interest accrued by monies deposited in the fund shall be credited to the fund.
C. 
Prohibition of fund transfers. In no event shall monies deposited in the fund be transferred to any other account unless determined to be in furtherance of the affordable housing goals of the Village.
This Chapter 47 shall not apply to site plans and subdivisions approved by the Village of Kiryas Joel prior to the enactment of this Chapter 47, provided that 50% of building permits have been obtained and substantial construction commenced with respect to such site plans and subdivisions within one year of the effective date of this Chapter 47.
A. 
The Village of Kiryas Joel Board of Trustees may, in its sole discretion, agree to exempt a given project from affordable housing requirements where practical difficulties having to do with the physical nature of the site involved would make the provision of such additional units economically or physically impractical. The developer, in such instance, shall pay the Village a redevelopment fee in lieu of the minimum percentage allocation (MPA) of affordable housing units or such portion thereof as is not provided. Such fee shall be annually established by the Board of Trustees based upon the cost of replacing the affordable housing elsewhere plus any additional development costs associated with relocation. Fees in lieu of affordable housing shall be deposited into the Affordable Housing Fund (see § 46-7). The Board of Trustees shall review and may adjust this redevelopment fee on at least an annual basis.
B. 
The Board of Trustees may also, in its sole discretion, agree to accept, as an alternative to such redevelopment fee, the provision, by the developer, of affordable housing units located elsewhere within the Village of Kiryas Joel. Such units shall otherwise meet all standards herein with respect to affordable housing, including but not limited to the quality of the units. Such units shall also require approval of the Village of Kiryas Joel Planning Board and be processed prior to or simultaneously with the review and approval of the market-rate units. Any approval of the market-rate units shall be conditioned upon the prior start of construction and imposition of affordable housing restrictive covenants with respect to the affordable housing units. The Board of Trustees may also require the posting of a financial guarantee to ensure the timely construction and offering of affordable housing units no later than the market-rate units.
All affordable housing sales agreements shall include restrictive covenants that ensure the enforceability of the above requirements. Such covenants shall survive the sales transactions, be inserted in deeds and include language setting forth that such restrictive covenants shall run until released by the Board of Trustees. No certificates of occupancy shall be issued until such deed restrictions are recorded. The Village shall be represented at all closings for these purposes. The Village of Kiryas Joel Board of Trustees is further authorized to place liens on affected properties as may be required to enforce the provisions of this Chapter 47 and collect any amounts due the Village as provided herein. Release of any such liens shall require Village approval. Compliance with this chapter shall be deemed a requirement to make an improvement, perform work and/or to do an act on the affected property, which if not performed, may be enforced by the Village and the cost to the Village of such enforcement may be assessed, levied, and collected in the same manner as Village taxes.
The standards provided herein for affordable housing shall be reviewed at least annually and may be modified from time to time by resolution of the Board of Trustees to accommodate unique innovative projects that offer significantly greater value to households needing affordable housing, provided such households are not required to pay substantially greater prices for such housing and further provided that no such project shall provide substantially less than the minimum percentage allocation of affordable housing. The Board of Trustees may also waive specific requirements of this Chapter 47 where the imposition of such provisions would cause undue hardship as a result of unique circumstances or frustrate the ability to provide affordable housing as intended. The Board of Trustees shall, in all such circumstances, ensure any modifications or waivers serve to further the goal of providing affordable housing in the Village of Kiryas Joel.
Any violation of this chapter is hereby declared to be an offense and shall render the violator or, if applicable, the owner of the land or the lessee or occupant, if his responsibility is fixed by contractual agreement, liable to a fine not to exceed $350. Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Village Code Enforcement Officer and shall be served either by certified mail or by an appearance citation to the court of appropriate jurisdiction.
Should the provisions of this chapter conflict with the provisions of any other local law or ordinance of the Village of Kiryas Joel, the provisions of this chapter shall apply. This chapter shall supersede all other local laws and ordinances and parts thereof inconsistent herewith.