East Fishkill, NY Affordable Housing

Type: Municipal Code

Status: Enacted by ordinance on 11-14-02

Source File: Click here

Text:

ARTICLE XXIII Affordable Housing

§ 194-164. Affordable Housing.

A. Intent and purpose. It is the intent and purpose of the Town of East Fishkill to increase the number of affordable housing units available to low/moderate-income families as defined in § 194-3.

B. Requirements and incentives for participation. In order to provide affordable housing in the Town of East Fishkill, the Town hereby provides a system of zoning incentives, pursuant to Town Law § 261-b, in the form of additional permitted housing units and permitted reduced lot sizes, as follows:

(1) CRD Districts. No less than 10% of the base number of permitted units in a CRD project shall meet the requirements of this section. Upon request of the developer, the Planning Board may consider approving the inclusion of an additional 5% of affordable units. The number of additional incentive market-rate units to be allowed shall be calculated, pursuant to Subsection B(4) below, based upon the number of affordable units being provided.

(2) R-3, R-2, R-1.5, and R-1 Zoning Districts. The Planning Board may approve an application by a developer to include affordable housing units in a conventional cluster or cluster subdivision in these zoning districts, constituting up to 15% of the base number of permitted units. The number of additional incentive market-rate units to be allowed shall be calculated pursuant to Subsection B(4) below, based upon the number of affordable housing units being provided.

(a) Conventional subdivisions. The base number of permitted units in a conventional subdivision shall be based upon a conventional subdivision layout that conforms with Zoning Law and subdivision regulation Editor's Note: See Ch. 163, Subdivision of Land. requirements, including provisions on environmentally sensitive lands. For purposes of incorporating the affordable housing incentive units into the subdivision, and pursuant to the authority of Town Law § 261-b, the Town Board hereby authorizes the Planning Board to permit a reduction in the minimum lot size of the underlying zone for any of the lots in the subdivision, not less than 3/4 of the minimum lot size required in the bulk regulations for the underlying zone, provided that all lots must also:

[1] Comply with all other bulk requirements, including FAR, of the underlying zone; and

[2] Comply with the provisions on minimum buildable area in § 194-14.1B(2).

(b) Cluster subdivisions. The base number of permitted units in a cluster subdivision shall be the number based upon a conventional subdivision layout that conforms with Zoning Law and subdivision regulation Editor's Note: See Ch. 163, Subdivision of Land. requirements, including provisions on environmentally sensitive lands (278 Plan). See also § 163-33 of the subdivision regulations. The permitted lot sizes in a cluster subdivision providing affordable housing units shall be those set forth in § 164-33K and L, and the lot sizes shall not be further reduced for affordable housing. After the determination of the base number of permitted units based upon the 278 Plan, the Planning Board need not require the preparation of an additional conventional layout plan to demonstrate the viability of the inclusion of the additional incentive market-rate lots, if the additional incentive market-rate lots do not constitute more than a ten-percent increase over the base number of permitted units, and the additional incentive market-rate lots can, in the Planning Board's judgment. be readily accommodated within the proposed cluster layout. If the Planning Board does require an additional conventional layout plan to demonstrate the viability of the inclusion of the additional incentive market-rate lots, such plan shall be prepared using the reduced lot size standards set forth in § 194-164B(2)(a).

(3) Notwithstanding the foregoing, the Town Board shall have the authority to approve an affordable housing project which participates in a state or federal program and set the appropriate percentage of affordable units, up to 40%, and a percentage of median Dutchess County family income, not higher than 90%, different than that set forth for the local program.

(4) Additional incentive market-rate units. For every affordable housing unit that a developer agrees to construct, the developer shall be allowed to build one additional market-rate unit, above the maximum number otherwise permitted under the applicable provisions of this Code. For example: If a developer is allowed to construct 100 units under the Code, and of these 100, 10 units will be "affordable housing units" then the total number of units that the developer could construct would be 110 (90 market rate plus 10 affordable housing units plus 10 bonus units (i.e., 1 x 10 affordable units = 10). If the number of affordable units being provided is reduced during the SEQR review process, then the number of additional incentive market-rate units shall be reduced accordingly.

C. Development standards. Affordable units must meet the following standards:

(1) All affordable housing units shall be physically integrated into the design of the development. Affordable housing units shall be constructed to the same quality standards as market-rate units. The exterior finishes for affordable units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit.

(2) Affordable housing units shall have no less than 80% of the square footage of market rate units for the same number of bedrooms.

(3) The landowner and developer must agree to file a declaration at the time of subdivision identifying the units which are affordable housing units, and restricting their future sales price and rental price under the provisions of this section. The declaration shall include a provision requiring that every deed for an affordable housing unit shall include the following paragraph to inform all future sellers and buyers that this unit is an affordable housing unit subject to the provisions of this section:

"This dwelling has been constructed for use by low/moderate-income families pursuant to a special program under the East Fishkill Code. Its future sale (including resale) or rent must be to persons who qualify with the income requirements and at a price in accordance with the program."

(4) All Affordable housing units shall generally be physically distributed throughout the development in the same proportion as other housing units, though the Planning Board may use discretion in reviewing and approving distribution.

D. Eligibility and preference to purchase or rent an affordable housing unit.

(1) To be eligible to purchase or rent an affordable housing unit, the household's aggregate annual income must be 80% or lower of the Dutchess County median family income for a family of a particular size as determined annually by the United States Department of Housing and Urban Development (HUD).

(2) Preference to purchase or rent.

(a) Among income-eligible households, preference to purchase or rent affordable housing units shall be given to the following types of households, in order:

[1] Employees of the Town of East Fishkill.

[2] A member of East Fishkill's Volunteer Fire Department.

[3] Elderly (65 or older) or disabled residents of the Town.

[4] Honorably discharged US veterans who are residents of the Town.

[5] All other Town residents.

[6] People who work at businesses within the Town.

[7] Others.

(b) In the event that the number of applicants exceeds the number of available units, the Department shall allot the units:

[1] By category; and

[2] Within a category, by chronological order of filing.

E. Calculation of initial sales price of affordable housing units. Maximum sale price shall be set by resolution of the Town Board, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The initial sale price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the income for a low/moderate-income household.

F. Calculation of permissible rent. Maximum monthly rent (including estimated utilities) shall be set by resolution of the Town Board, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The rent (including the estimated cost of utilities [heat, hot water, and electric]) shall not exceed 30% of the income for a low/moderate-income household.

G. Administration and establishment of Affordable Housing Review Department. The Town Board may designate such additional person(s), authorities and procedures as necessary to administer and monitor compliance with the provisions of this article. The Town Board may serve as, establish or designate an administrative department or board to serve as an Affordable Housing Review Department. The Town Board, or, if established, the Affordable Housing Review Department ("Department") shall have the following responsibilities:

(1) The Department shall be responsible for the administration of affordable housing units pursuant to the provisions of this article.

(2) Prior to the initial offering of each affordable housing unit, the Department shall notify the owner or manager of each development containing affordable housing units as to the price and income eligibility requirements for each unit.

(3) The owner and/or manager, as appropriate, shall annually certify to the satisfaction of the Department that the requisite percentage of affordable housing units have been assigned to low/moderate-income households and that any new tenants of affordable housing units meet the income guidelines in effect when the new tenants take occupancy. Annual certification shall include the address of the affordable housing units, the name of the occupant, and the occupant(s)' tax returns and signature(s).

(4) The Department shall promulgate and maintain information and documentation relative to all affordable housing units; the number thereof available for sale or lease at all times; the sale price and monthly rent; and the names and addresses of eligible low/moderate-income households to purchase or lease same, together with a priority list of such households. The Department shall maintain such other records and documents as shall be required to properly administer the provisions of this article.

(5) Whenever the Building Inspector shall receive an application for and/or issue a building permit, a certificate of occupancy or any other permit or authorization affecting an affordable housing unit, a copy thereof shall be filed with the Department.

(6) The sale or lease of affordable units must meet the guidelines established by the Town Board. These guidelines shall be reviewed on an annual basis, and address the sales price and/or lease amounts for affordable housing units. The Department shall administer the guidelines, shall review the qualification of potential buyers or lessees, and shall approve each proposed sale or lease of an affordable housing unit.

(7) Any covenant, restriction or other encumbrance to be placed on an affordable housing unit must be approved by the Department first.

(8) No lease term for an affordable housing unit shall exceed two years. Notwithstanding this restriction, a lessee still eligible to rent an affordable housing unit may renew a lease term. If a household's aggregate annual income increases beyond the maximum to allow eligibility for the affordable housing unit, the household may continue to occupy that rental unit, provided that the monthly rental payment (including estimated utilities) shall be increased so as to constitute 30% of the household's income. If the household chooses not to execute a lease at the adjusted rent within a reasonable time allotted therefor, the household may continue to occupy the unit for up to one year after the expiration of its current lease.

(9) Any applicant for an affordable housing unit aggrieved by a determination by the Department shall have the right to appeal such determination to the Town Board.

H. Resale: calculation of permissible resale price.

(1) Affordable housing units for low/moderate-income households may be resold only to eligible low/moderate-income households of substantially similar size for the purposes of calculating aggregate annual income and subject to Town Board approval.

(2) The owner of an affordable housing unit shall notify the Department of the intent to sell prior to contact with any purchaser.

(3) The maximum resale price may not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of the affordable housing unit and such improvements plus reasonable and necessary resale expenses. Notwithstanding the foregoing, in no case shall the resale price exceed the income restrictions for low/moderate-income households.

I. Tax assessment. The Town Assessor shall consider the limited sale value of affordable housing units in determining the appropriate assessment on such units.

J. Applicability of other Code provisions. All of the provisions of the Code of the Town of East Fishkill not inconsistent or in conflict with the provisions of this section shall be applicable to affordable housing. Without limiting the foregoing, the provisions of the Environmentally Sensitive Lands Law (§ 194-14.1) shall apply to affordable housing.

K. Pursuant to Town Law § 261-b, the Zoning Map of the Town of East Fishkill shall be amended to contain a note in substantially the following form: "Affordable Housing Incentives, under Town Law § 261-b, are in effect for the CRD, R-3, R-2, R-1.5, and R-1 Zoning Districts. See § 194-164 of the Zoning Law."

L. Pursuant to Town Law § 261-b(3)(d), the Town may assess to any applicant for incentives a proportionate share of the cost of so much of the generic environmental impact statement prepared by the Town in 2002 for the laws and master plan as was attributable to the affordable housing incentives, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law. No such assessment shall be made for applicants within the CRD Zoning District providing the 10% mandated affordable housing.

M. Pursuant to Town Law § 261-b, project sponsors for developments including affordable housing, for which the Town has prepared a generic environmental impact statement, shall comply with all other requirements of Article 8 of the Environmental Conservation Law, including preparation of an environmental assessment form, and a supplemental environmental impact statement, if necessary.