This chapter shall be known and may be cited
as the "Affordable Housing Construction Local Law 1, 1988, of the
Town of Wawayanda."
The Town Board of the Town of Wawayanda, being cognizant of the need for affordable housing for residents of the Town, surrounding communities and county in general and further being aware that strict compliance with the provisions of Chapter
195, Zoning, of the Town of Wawayanda may inhibit the construction of affordable housing, seeks to provide for such housing to be located within the Town. The purpose of this chapter is to regulate the location and development criteria for affordable housing units in the Town of Wawayanda and to prescribe the procedures for the application, authorization and approval of such affordable housing.
As used in this chapter, the following terms
shall have the meanings indicated:
AFFORDABLE HOUSING (AH units)
Dwelling units established pursuant to the provisions of
this chapter which shall be affordable to moderate-income residents,
including the single-family detached dwelling units, attached dwelling
units, condominium or cooperative units and rental apartments, but
shall not include mobile home units.
APPLICANT
Any person, corporation, partnership or other entity who
seeks to develop an affordable housing project pursuant to the provisions
of this chapter.
FOR SALE HOUSING PRICE
The sale price of housing for sale for single-family dwelling
units (excluding all closing costs, mandatory fees, etc.), which price
shall not exceed the applicable maximum sales price, as established
from time to time by the Town Board of Wawayanda. These sale prices
shall be based upon a good faith understanding that the homeowner's
monthly costs for housing (which include mortgage payments, insurance,
taxes, utilities and maintenance charges) should not exceed 30% of
the maximum gross monthly income for each specific family size, which
maximum incomes shall be established either by resolution of the Town
Board of Wawayanda or by a regulation or law duly passed.
INCOME
A family's total gross income from all sources, excluding
the earnings of children under the age of 21 or full-time students.
MODERATE INCOME
An income amount established from time to time by the Town
Board of the Town of Wawayanda after considering at least the following
criteria:
A.
The median household income for residents of
the Town of Wawayanda.
B.
The median household income for residents of
the County of Orange.
C.
The median household income of residents of
the State of New York.
D.
Any definitions or statistical items promulgated
by federal, state or local municipalities as may be presented by an
applicant.
E.
Any further definitions or information submitted
to the Board that would enable the Board to better establish a "moderate-income"
figure.
F.
The number of family members, including all
dependents.
MODERATELY PRICED DWELLING UNITS
Any dwelling unit (described under the definition of affordable
housing above), which is either sold or rented in accordance with
the provisions of this chapter.
RENTAL HOUSING PRICE
The rental price for housing, which rent shall not exceed
the applicable maximum rent levels, as established from time to time
by the Town Board of Wawayanda or by a regulation or law duly passed.
The established rent levels shall be based upon a good faith understanding
that the lessee's monthly housing costs (which costs include any rent,
utilities or other monthly payments to the lessor) should not exceed
30% of the maximum gross monthly income for each specific family size,
which maximum incomes shall be established either by resolution of
the Town Board of Wawayanda or by a regulated law duly passed.
This chapter shall be applicable to any residentially
zoned five-acre or larger parcel of land of which 75% of the parcel
lies within 3,000 feet of the municipal boundary between the Town
of Wawayanda and the City of Middletown.
Any applicant desiring to develop a parcel of
land pursuant to the provisions of this chapter shall be required
to comply with the following:
A. Authorization for development by the Town Board.
(1) An applicant shall submit an application to the Town
Board of the Town of Wawayanda for authority to develop a parcel of
land pursuant to this chapter. Such application shall contain, at
a minimum, the following:
(a)
A description of the property to be developed,
its location within the Town and general land use of the surrounding
neighborhoods, which shall demonstrate the relationship between the
proposed development, existing traffic arteries, public transportation,
available services and general development patterns. In addition,
the applicant shall advise the Town Board whether or not its intent
is to sell or to rent the proposed housing units. The application
to the Town Board shall indicate the estimated costs of the project
and shall demonstrate that the sales price or rental charges shall
meet the criteria established pursuant to this chapter. In the event
that the applicant seeks a modification of the design standards set
forth under site plan review as hereinafter set forth, the applicant
shall make such request at the time of the initial application to
the Town Board of the Town of Wawayanda.
(b)
Upon receipt of a complete application, the
Town may, at its discretion, schedule a public hearing prior to acting
on the request of the applicant. In the event that the applicant has
requested a modification of the design standards as hereinafter set
forth, the Town Board shall not act upon the application until a public
hearing has been held.
(2) The Town Board shall, within 90 days after receipt
of a fully completed application, determine whether or not the property
of the applicant shall be authorized for development of affordable
housing pursuant to this chapter.
B. Site plan review by the Planning Board, or Town Board, if applicable: In the event that an applicant's property has been approved by the Town Board for development of affordable housing, the applicant shall thereafter be required to obtain site plan approval from the Planning Board, or Town Board, if applicable, of the Town of Wawayanda. The submission to the Planning Board, or Town Board, if applicable, shall comply with the requirements for site plan review as are set forth in Chapter
195, Zoning, of the Town of Wawayanda, in effect at the time of application. Unless otherwise specified, the applicant shall be required to comply with the bulk and parking regulations set forth on the Schedule of Zoning District Regulations for the Planned Development District as the same are defined in Chapter
195, Zoning, of the Town of Wawayanda, in effect as of the date of the adoption of this chapter, except that the Planning Board, or Town Board, if applicable, is authorized to reduce the requirements set forth on such schedule by no greater than 30% unless specifically authorized by the Town Board pursuant to the provisions set forth in Subsection
A(1)(a) of this section.
The Town Board of the Town of Wawayanda or its
designated agent shall be responsible for the administration and enforcement
of the provisions of this chapter.