[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:
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.
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.
An income amount established from time to time by the Town
Board of the Town of Wawayanda after considering at least the following
criteria:
The median household income for residents of
the Town of Wawayanda.
The median household income for residents of
the County of Orange.
The median household income of residents of
the State of New York.
Any definitions or statistical items promulgated
by federal, state or local municipalities as may be presented by an
applicant.
Any further definitions or information submitted
to the Board that would enable the Board to better establish a "moderate-income"
figure.
The number of family members, including all
dependents.
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.
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.
A.
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.
(1)
For rental housing, the following standards shall
apply, following original eligibility:
(a)
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.
(b)
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.
(2)
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.
B.
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:
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.
A.
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.
B.
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.
C.
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:
(1)
The original sales price.
(2)
The cost of any improvements as demonstrated by production
of paid bills.
(3)
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.
(4)
Five percent of the sum of the foregoing three items.
D.
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.
A.
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.
B.
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]
