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.
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.
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.