[HISTORY: Adopted by the Town Board of the Town of Wawayanda 9-1-1988 by L.L. No. 1-1988. Amendments noted where applicable.]
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.
- 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.
- 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 individual or family seeking to avail themselves of affordable housing constructed pursuant to this chapter shall file an application with the Town Board of the Town of Wawayanda. The Town Board shall be entitled to require such information as it deems necessary to implement the provisions of this chapter. Upon determining that the individual or family meets the criteria for occupancy of affordable housing pursuant to this chapter, the individual's or family's name shall be placed on a list maintained by the Town Board, which list shall then be provided to the owners of existing affordable housing for their use in rentals and sales.
For rental housing, the following standards shall apply, following original eligibility:
Continued eligibility. Applicants for any rental dwelling units shall, if eligible and if selected for occupancy by the developer, sign a lease for a term of not less than one year nor more than two years. Each family shall be recertified for continued eligibility, and thereby continued occupancy, annually.
As long as a resident family remains eligible, as defined in this chapter, and has complied with the terms of its lease, said resident family shall be offered a lease renewal of not less than one year nor more than two years. If a resident family's annual gross income should subsequently exceed, by more than 10%, the moderate income for a family of its size, as defined above, and if there is at that time an otherwise eligible applicant, said resident family may complete its current lease term. If said resident family cannot find a non-moderate-income apartment to rent prior to the lease termination of the moderate-income unit it occupies, it may receive one six-month extension but shall not be offered any additional lease extensions beyond said term.
For sale housing. In purchasing moderate-income single-family dwellings or cooperative or condominium units, applicants must exhibit a good faith inability to acquire similar housing, plus a twenty-mile radius therefrom in every direction. Purchasers must, however, meet any requirements imposed by the lender who will supply financing for the premises.
In awarding privately owned residences, the Town will establish, at a meeting of the Town Board, exactly what factors shall be used to determine eligibility, but it is hereby determined that a good faith examination of each applicant's gross income, as described above, will be the prevailing determining factor of eligibility.
Any applicant desiring to develop a parcel of land pursuant to the provisions of this chapter shall be required to comply with the following:
Authorization for development by the Town Board.
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 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.
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.
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.
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.
Eligibility standards for ownership. Any person wishing to acquire ownership in fee or cooperative means of a residential unit constructed pursuant to the provisions of this chapter shall complete a certification to the Town of Wawayanda showing that such person meets the moderate-income standards as the same are from time to time established pursuant to this chapter.
Eligibility standards for rental housing. Any person seeking to rent a residential unit created pursuant to this chapter shall file a certification with the Town of Wawayanda demonstrating that such person meets the moderate-income standards established from time to time pursuant to this chapter. Any such renter shall be required not less than biannually nor greater than annually to submit a recertification to the Town Board demonstrating that such person meets the moderate-income standards set forth above. In the event that any such person's income exceeds the standards, such person shall be entitled to no more than six months' occupancy of any rental unit following the expiration of the term during which the moderate-income level has been exceeded.
Sale and subletting restrictions. Every purchaser at the time of certification of income shall further certify that his intention is to occupy the dwelling unit to be acquired. Such certification shall include an acknowledgment that a subsequent rental of the premises shall be made in accordance with the provisions of this chapter concerning rental of affordable housing. Any resale of a dwelling unit subject to this chapter shall have a restricted sales price, which price shall not exceed the sum of the following:
The original sales price.
The cost of any improvements as demonstrated by production of paid bills.
An additional sum calculated by factoring in the annual increase in value utilizing the federally established consumer price index for the greater New York metropolitan area or its equivalent formula.
Five percent of the sum of the foregoing three items.
Subleasing or rentals. Any owner of a dwelling unit who wishes to rent and any tenant within a dwelling unit who wishes to sublet shall be bound to the same rental restrictions as herein before set forth.
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.
Any properties developed as affordable housing pursuant to this chapter shall be deemed a specially permitted use. A violation of any of the provisions of this chapter shall be deemed to be a revocation of the special use permit for the residential unit subject to the violation. Upon determination of any such violation and subsequent termination of the special use permit, the certificate of occupancy previously issued for such residential unit shall be revoked.
In addition to revocation of the special permit and subsequent certificate of occupancy, a violation of this chapter shall be punishable by a fine of not less than $250 per day for each and every day such violation continues and imprisonment not to exceed 15 days, or both such fine and imprisonment.
[Amended 4-8-1993 by L.L. No. 2-1993]