[HISTORY: Adopted by the Town Board of the Town of Pawling 3-10-1992 as L.L. No. 2-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 215.
Subdivision of land — See Ch. A230.
A. 
In any residential district, the Town Board, at the recommendation of the Planning Board, may grant a special use permit for affordable housing units, as defined herein.
B. 
It is the purpose and intent of this chapter to create affordable housing units within the Town of Pawling consistent with the needs and objectives as contained in the Town Board resolution adopted March 10, 1992. To the extent that good planning permits the creation of said affordable housing units, it is also the intent to this chapter to disperse throughout the Town the affordable housing units created.
C. 
The policy goal of this chapter is to create an average of 10 affordable housing units per annum, and it is a further intent herein to provide as many units of affordable housing at or below the target prices and rents as calculated hereunder.
D. 
This chapter is also intended to provide the Town Board with sufficient flexibility for standards of approval to balance the need for affordable housing as that need changes in scope and location with the other objectives of the Town Master Plan, and in particular, those providing for environmental protection.
E. 
In addition, it is the intention of this chapter to provide a means for the Town of Pawling to implement the provisions of the New York State Environmental Quality Review Act (SEQRA)[1] in helping to mitigate the adverse effect that development may have on the community.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING
A residential dwelling unit made available for sale or rent at a price established in conformance with §§ 55-4 and 55-5 below.
AFFORDABLE HOUSING BOARD
A Board to be composed of five residents of the Town of Pawling whose function is to properly administer the goals, intents and provisions of this chapter so that said goals, intents and provisions are realized.
AGGREGATE INCOME
The gross annual income of all members of a household, including but not limited to taxable income, nontaxable income, investment income, accident and health insurance benefits, insurance policy proceeds, distributions from trust funds, social security payments and unemployment compensation, excluding the earnings of working minors and/or full-time students. The term for fixing the gross annual income shall be such as is fixed by the Affordable Housing Board's rules and regulations.
CEILING RATE
Prices for ownership and rental housing which, if exceeded, shall not qualify a housing unit as affordable housing.
DENSITY BONUS
The amount of additional density allowed in a development by the Town Board pursuant to § 55-3C below.
DEVELOPMENT
Any plan, including subdivision, site plan and/or development on a parcel of land, on which shall be erected or improved any building or buildings that contain affordable housing.
ENVIRONMENT
The physical conditions which will be affected by the proposed density bonus, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth and existing community or neighborhood character and demographics.
INDEX RATES
Ownership and rental pricing standards derived from readily available and reliable date sources used in determining housing affordability for the calculation of target and ceiling rates.
QUALIFYING INCOME
The income needed to pay the principal and interest payments on a fixed-rate, thirty-year mortgage of 80% of the sales price of affordable housing, at current mortgage rates.
SEMIDETACHED DWELLING
A one-family dwelling unit having one party wall and one side yard.
TARGET RATES
Prices for ownership and rental of affordable housing which are to be used to guide the Town Board in determining the extent of density bonus to be granted.
The Town Board, when granting a special permit for affordable housing, shall apply the following standards:
A. 
Cost-effective site and building design. Each applicant to the Town Board shall be encouraged to promote the most appropriate use of land and housing affordability by presenting a development plan that utilizes the flexibility of site and building design provided for by New York State Town Law § 281. To this end, the Town Board hereby grants full authority to the Planning Board under § 281 to modify applicable provisions of Chapter 215, Zoning, in the interest of enhancing housing affordability and environmental compatibility in any development plan. The Planning Board shall have the authority, in its discretion, to require the owner of a development plan to submit an application which reflects such modification, pursuant to rules and regulations adopted by it.
B. 
Recommendations. The recommendations of the Planning Board made pursuant to the authority contained in Subsection A above and Subsection D below shall apply.
C. 
[Amended 9-9-2003 by L.L. No. 1-2003] Development density bonus. The Town Board shall set the maximum allowable density bonus, which shall not exceed 50% of the maximum allowable density for the underlying zoning district in the Town of Pawling. The maximum density bonus allowed shall be fixed by the Town Board and clearly noticed under the procedures in § 55-3D(3) below. The density bonus and number of affordable housing units to be allowed in a development shall be based upon the following criteria:
(1) 
The percentage of total residential dwelling units in the development that will be affordable units.
(2) 
The sales price and/or rental price of the affordable housing unit(s). The Board may grant a greater density bonus, not to exceed 50%, for lower-priced units as measured against the target rates, as that is defined above, and may deny a bonus for, including but not limited to, any and all units whose sales or rental price exceeds the ceiling rates as defined in § 55-4A(3) below.
(3) 
The effect of the development and of the affordable unit(s) on the environment, as defined in the New York State Environmental Quality Review Act (SEQRA)[1] and herein.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(4) 
The effect of the development and/or the affordable housing unit(s) on:
(a) 
Neighborhood property values;
(b) 
Traffic volume flow and density;
(c) 
Neighborhood health, safety and general welfare;
(d) 
Proposed development design in accommodating the increased density; and
(e) 
The zoning standards in place at the site of the proposed development.
(5) 
The overall impact on the dispersment of affordable housing unit(s) within the development and within the town.
D. 
Procedures to be followed. The Town Board shall adhere to the following procedures in granting a density bonus for affordable housing units:
(1) 
All applications shall be referred to the Planning Board to consider the possible allowable density bonus to be granted. Said applications shall conform to the requirements of Chapter A230 of the Code of the Town of Pawling, Subdivision of Land. Alternative maps and plans showing the requested density bonus and without the density bonus shall be filed in accordance with Chapter A230 of the Town Code.
(2) 
The Planning Board shall make all necessary interdepartment referrals and accept and make a part of the application all comments thereto and, where appropriate, request SEQRA[2] review for any and all identified impacts or concerns.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(3) 
The site plan and subdivision plat showing the requested affordable housing density bonus units and prices thereof shall be submitted to the Planning Board, which in turn shall submit a completed application to the Town Board, which shall schedule a public hearing in relation thereto within 45 days of receipt of a complete application, at which parties in interest and citizens shall have an opportunity to be heard. Notice of said hearing shall follow those procedures as set forth in §§ 264 and 265 of the Town Law of the State of New York. Said notice of public hearing shall state the maximum density bonus to be considered and the modifications in Chapter 215, Zoning. Nothing herein shall obligate the Town Board to grant the maximum density bonus noticed for public hearing. In no case shall the Town Board have the authority to grant more than the maximum density bonus noticed for public hearing.
The Affordable Housing Board shall apply the following standards to affordable housing that is to be sold to income-eligible households:
A. 
Affordable rates.
(1) 
Affordable index: the index which is used to calculate the purchase target rate and purchase ceiling rate as defined above. Said index is calculated by taking the affordable price of a single-family dwelling for a median-income household of four in Dutchess County, as calculated by the Dutchess County Planning Department from time to time, multiplied by 2.25 (to reflect standards set by the Department of Housing and Urban Development).
(2) 
Purchase target rate: the threshold price at which the affordable housing unit is affordable to a qualifying buyer. It is calculated by taking the affordable index and adjusting the index by the size of the household and the housing unit. This target rate is determined by multiplying the affordable index by the following factors:
Size of Housing Unit
Factor
0-bedroom
0.7
1-bedroom
0.8
2-bedroom
0.9
3-bedroom
1.0
4-bedroom
1.1
5-bedroom
1.2
(3) 
Purchase ceiling rate: the price for the various sized housing units that is the maximum price chargeable for a housing unit. If a housing unit were to be targeted for sale at a price above the purchase ceiling rate, then that unit would no longer be considered an affordable housing unit and ineligible for consideration for a density bonus. The purchase ceiling rate is the purchase target rate multiplied by 120% [1.2].
(4) 
Density bonus prices. A developer making an application hereunder shall state the proposed sales price of the affordable housing unit(s) to be constructed. It is recognized that the actual price to be charged for affordable housing must reflect changes in conditions which occur between the date of the application under this chapter and the date of completion of the development. The rules and regulations adopted by the Affordable Housing Board shall contain provisions allowing for such changes.
B. 
Income eligibility. To be eligible to purchase affordable housing, a household's aggregate income shall not exceed 120% [1.2] of the qualifying income required for the purchase of affordable housing sold at the unit's purchase ceiling rate.
C. 
Net assets.
(1) 
Net assets limitation. To ensure that the affordable housing units created herein will, in fact, be purchased by those persons with need for the same, in addition to the income eligibility requirement, the Affordable Housing Board shall exclude from the list of eligible persons those with net assets exceeding 50% of the cost of a three-bedroom target rate affordable housing unit. The determination of net assets shall be as promulgated in the rules and regulations of the Affordable Housing Board.
(2) 
Net assets as income exception. It is recognized that, under certain circumstances, a person(s) seeking affordable housing may have substantial net assets exceeding the limits above, but due to age and/or disability, does not receive an appreciable income and therefore relies on net worth in lieu thereof. For these persons, the Affordable Housing Board, on proper evidence, may make an exception to the net assets eligibility rule. The exception is intended to apply in particular to the elderly and/or disabled who do not produce an income but may have significant net assets (i.e, home equity, etc.).
The Affordable Housing Board shall apply the following standards for affordable housing rented to income-eligible households:
A. 
Affordable rates:
(1) 
Rental index rate. The rental index rate shall be 35% of the median annual town-paid gross wages of all full-time employees of the Town of Pawling for the last full calendar year prior to the year in which the unit is leased.
(2) 
Rental target rate. The rental target rate for affordable housing rented to income-eligible households shall be established according to the size of each individual housing unit and shall be determined by multiplying the rental index rate by the following factors:
Size of Housing Unit
Factor
0-bedroom
0.7
1-bedroom
0.8
2-bedroom
0.9
3-bedroom
1.0
4-bedroom
1.1
5-bedroom
1.2
(3) 
Rental ceiling rate. The rental ceiling rate for various unit sizes shall be 120% [1.2] of the rental target rate.
B. 
Income eligibility. To be eligible to rent affordable housing, a household's aggregate monthly income shall not exceed four times the unit's rental ceiling rate.
C. 
The rental calculations used herein specifically exclude the cost of utilities.
When affordable housing is sold or rented, the following standards shall be used to determine occupancy:
A. 
A household must be income-eligible in accordance with the requirements of §§ 55-4B and 55-5B above.
B. 
Preference categories. Among income-eligible households, preference to purchase or rent affordable housing shall be given to those households where a member of the household to occupy a unit of affordable housing shall contain an individual in one of the four tiers of categories below:
(1) 
Tier 1.
(a) 
Tier 1 shall include:
[1] 
Town of Pawling municipal employees.
[2] 
Town of Pawling school district employees in school buildings located within the Town of Pawling.
[3] 
Volunteer Fire Company and Ambulance Corps members living in and/or serving Pawling.
(b) 
To be eligible as a Tier 1 household, the member of the household who qualifies under this section must have held a position in one of the above for a period of not less than two years.
(2) 
Tier 2.
(a) 
Tier 2 shall include:
[1] 
Households whose head of household or spouse is 62 years of age or older and is a resident of Pawling.
[2] 
Households whose head of household or spouse is 30 years of age or younger and is a resident of Pawling.
[3] 
Veterans of the United States Armed Forces residing in Pawling.
[4] 
Other persons employed in Pawling.
(b) 
To be eligible as a Tier 2 household, the member of the household who qualifies under this section must have been a resident of the Town of Pawling for a period of not less than two years and/or employed in the Town of Pawling for a period of not less than two years.
(c) 
If and only if there are no income-eligible households in Tier 1 and Tier 2, or where the income-eligible households in Tier 1 and Tier 2 are exhausted, the Affordable Housing Board shall hold a lottery to select a household from Tier 3 below.
(3) 
Tier 3. Any other Town of Pawling resident or employee within the Town of Pawling meeting income eligibility requirements.
(4) 
Tier 4. If and only if there are no income-eligible households in any of the above tiers, then the Affordable Housing Board shall select, by lottery, any other resident of the town's housing region who is in search of housing and who meets the income eligibility requirements of this chapter.
The Housing Board shall take all those eligible households in Tiers 1 through 4 above and shall first hold a lottery of all Tier 1 households and then hold a lottery for all Tier 2 households, and so on until the supply of affordable housing is exhausted.
A. 
Use limitations. The owner or occupant of an affordable housing unit may not lease or sublet the unit without the prior authorization of the Affordable Housing Board. The Affordable Housing Board shall not permit affordable housing to be leased or sublet unless the following conditions are met:
(1) 
The owner or occupant intends in good faith to use the unit as his principal residence but is temporarily prevented from doing so because of illness, illness of a family member, requirements of employment or other appropriate reason.
(2) 
The lessee or sublessee meets the conditions established herein for initial occupancy of affordable housing.
(3) 
The rent charged is in accordance with the provisions and intent of this chapter.
(4) 
Any lease or sublease shall not exceed six months.
B. 
Deed restrictions.
(1) 
Ownership units. The title to affordable housing shall be restricted so that, in the event of resale by the owner or any successor, the resale provisions set forth in § 55-8C below will apply.
(2) 
Rental units. The title to a development containing affordable housing rental units shall be restricted so that, in the event of resale by the owner, the purchaser will maintain the provisions of the rent regulation agreement in accordance with § 55-8D below.
C. 
Resale.
(1) 
The resale price of affordable housing shall be the original purchase price paid by the owner increased by a percentage equivalent to the increase in the current underlying income of the affordability index from the date of the original purchase to the date of the sale, plus the costs of purchasing and selling the unit.
(2) 
Resale procedure. The owner of affordable housing shall first offer to sell the unit to the Affordable Housing Board, or its designee. Upon notification of the owner's intent to sell, the Affordable Housing Board shall calculate the resale price as set forth in § 55-8C(1) above, taking into consideration, in its discretion, any significant improvements made to the property. Any resale of affordable housing must be subject to the deed restriction as set forth in § 55-8B above.
D. 
Rent regulation and lease renewal.
(1) 
A rent regulation agreement shall be entered into by and between the Affordable Housing Board and the owner of a development containing rental affordable housing. This agreement shall establish the amount of initial rents, procedures for determining rent increases for leases of various terms using reliable indexes, procedures for leasing to eligible tenants, procedures for renewing leases, subletting and other conditions necessary to effectuate the purposes of this chapter.
(2) 
Continued eligibility. An occupant of an affordable housing rental unit remains eligible for the renewal of a lease if the occupant's aggregate income at the time of the lease renewal does not exceed four times the current rental ceiling rate for the occupant's unit.
E. 
Improvements restriction. An owner of an affordable housing unit shall not make any internal or external structural improvements and/or changes to an affordable housing unit without the approval of the Affordable Housing Board and, before making any improvements and/or changes, shall obtain the appropriate approvals and permits necessary.
The Town Board shall establish an Affordable Housing Board composed of five members, each a resident of the Town of Pawling. It shall be the purpose of this Board to properly administer the provisions of this chapter so that its purpose and intent are realized. The Affordable Housing Board shall have the following responsibilities:
A. 
The annual review of the implementation of this chapter and the recommendation of changes in these provisions, where necessary.
B. 
The calculation and recording of the affordability index rates, target rates, ceiling rates and eligible incomes for each calendar year.
C. 
The certification of the eligibility of all households applying for the purchase or rental of affordable housing and the annual recertification of each applicant.
D. 
The maintenance of a list of eligible households for each size and type of affordable housing.
E. 
The establishment and control of a lottery for selecting income-eligible households for occupancy of affordable housing.
F. 
The promulgation by resolution from time to time of such rules and regulations necessary to implement the requirements, intent and purpose of this chapter.
G. 
The authority to take any other actions necessary to effectuate the purpose and intent of this chapter.
The members of the Affordable Housing Board selected under the provisions of § 55-9 above shall serve, ex officio, as the Board of Directors of a separate and legally distinct corporation, incorporated under the Not-for-Profit Corporation Law of the State of New York. Appropriate officials and agencies of the Town of Pawling are hereby empowered to enter into contractual agreements with this corporation to enable it to operate an Affordable Housing Trust Fund and an Affordable Housing Land Bank for the specific purpose of furthering the objectives of this chapter. It shall be the responsibility of the Affordable Housing Board to promulgate any and all necessary rules and regulations to implement the requirements, intent and purpose of this § 55-10.
A. 
Trust fund. Upon enactment of this chapter, the Town Board shall cause to be created an account or accounts in a local financial institution or institutions for the purpose of receiving and holding moneys to construct and promote affordable housing. Moneys in this fund shall be held in escrow and shall be used for the sole purpose of creating affordable housing.
(1) 
Operation of trust fund. The Town Board shall cause to be deposited any and all funds designated for affordable housing in these accounts. The Town Board, or the Affordable Housing Board, as empowered by the Town Board, shall monitor said funds and shall be responsible to produce regular quarterly reports regarding the activity of said funds.
(2) 
Withdrawal of funds. Funds may be withdrawn from the Affordable Housing Trust Fund solely for the purpose of promoting and assisting in the creation or purchase of affordable housing units or land for affordable housing. Such projects shall first be deemed appropriate by the Affordable Housing Board and shall receive from that body. Projects may include but are not limited to financing of affordable housing construction, purchase of affordable housing units, contribution to infrastructure costs to buy down the cost of construction of affordable housing units or any of a number of other means deemed appropriate by the Affordable Housing Board. Withdrawal of moneys from or use of the trust fund for purposes not associated with affordable housing is strictly prohibited. All fund withdrawals must receive the approval of the Town Board.
B. 
Land bank. Upon enactment of this chapter, the Town Board shall cause to be created an Affordable Housing Land Bank. The land bank shall hold and acquire land in the Town of Pawling for the sole purpose of promoting the development of affordable housing.
(1) 
Intent. Land distributed or developed by the land bank shall conform to the goals of the Town and Dutchess County Master Plans. The Affordable Housing Board shall seek guidance from the Town Planning Board when deciding upon the utilization of specific parcels to ensure the proper integration of said parcels within the overall pattern of development in the Town and to ensure compliance with the Town and County Master Plans.
(2) 
Land bank operation. This land bank shall be administered by the Affordable Housing Board. The Affordable Housing Board shall, in consultation with the Town Tax Assessor, maintain a roll of all properties owned by the Town for use for affordable housing purposes. Said Board shall also keep an up-to-date map of the parcels within the Town that are under its jurisdiction. In addition, the Affordable Housing Board shall maintain a target list of properties. These target properties shall be those that are of special value to the purpose of developing affordable housing. This target list shall be continually updated and regularly made available to the Planning Board.
(3) 
Land utilization. The Affordable Housing Board may utilize land held by the land bank by:
(a) 
Seeking requests for proposals (RFP's) to develop land owned by the land bank.
(b) 
Contracting with developers who will agree to construct and maintain affordable housing.
(c) 
Allowing developers in other parts of the Town to transfer development rights to such parcels.
(d) 
Other techniques deemed appropriate by the Town Board and Planning Board for the implementation of affordable housing.
(4) 
Resale. Land owned by such land bank shall be used expressly for construction and development of affordable housing. The Town Board or Affordable Housing Board are hereby forbidden from selling, contracting or otherwise using land governed by the land bank for purposes other than those stated above.
The standards and provisions of all special uses provided for in the Code of the Town of Pawling shall be applicable to the special permit procedure herein to the extent that the same are not inconsistent herein.
The Town Board has the right to require that anyone receiving a special permit hereunder post proper security to the satisfaction of the Town Board to ensure the proper and timely construction of the affordable housing units created herein.
The Town Board, in its discretion, may require that a developer receiving a special permit herein construct a percentage of affordable units prior to the issuance of building permits for market rate housing within the same development. Said percentage shall be set by the Affordable Housing Board.