[Added 7-19-2021 by L.L. No. 5-2021[1]]
In order to serve the health, safety and general welfare of
the community, to promote the well-being of the Village's current
and future residents and to provide a range of housing options necessary
to accommodate a diversity of residents, the Village Board finds that
it is essential that the construction of any new significant housing
not be focused solely on premium and mid-market housing, but also
provide equivalent quality units for occupancy by individuals and
families that earn at or less than the median income for the area,
or in the alternative make payments to an affordable housing fund
to assist in the development of housing opportunities for individuals
and families of those economic means.
The following activities are exempted from meeting the requirements
of this article:
A.
The construction of five or fewer residential dwellings on a lot
in any five-year period. Where the lot was created by subdivision
within the preceding five years, any residence constructed on the
originating lot or its subdivided successor lots within the last five
years shall count toward determining if this standard for exemption
is met.
B.
The construction of nursing homes, assisted living residences, congregate
care facilities, extended stay hotels and group homes.
C.
The construction of houseboat or floating home communities, which
are deemed impractical for occupancy as affordable housing.
D.
Any proposed development approved prior to the effective date of
this law, but which received its original final site plan or final
subdivision approval no more than 36 months prior to the effective
date of this chapter.
Any residential development approved by the Planning Board or Village Board of the Village of Haverstraw shall provide no less than 10% of proposed units as affordable purchase units and/or affordable rental units, except as otherwise permitted by § 245-51.
The maximum affordable income for a particular affordable purchase
unit or affordable rental unit shall be calculated by the HUD Rockland
County Median Income multiplied by the Haverstraw Adjustment Factor
and the household size calculation as listed below.
A.
Household size calculation:
(1)
0.7 for one-person household;
(2)
0.8 for two-person household;
(3)
0.9 for a three-person household;
(4)
1.0 for four-person household;
(5)
1.08 for a five-person household;
(6)
1.16 for six-person household;
(7)
1.24 for a seven-person household;
(8)
1.32 for an eight-person household;
(9)
Add 0.08 for each additional person in the household.
A.
In exchange for providing at least 10% of proposed units as affordable
purchase units or affordable rental units, the Planning Board and/or
Village Board shall allow the maximum number of residential units
otherwise permitted under zoning to be adjusted as follows for each
affordable unit provided:
(1)
For each affordable purchase unit to be sold or affordable rental
unit to be leased to qualified families with adjusted gross incomes
no greater than the maximum affordable income, an additional market
rate unit of equivalent bedroom count may be added beyond the maximum
density otherwise permitted under zoning.
(2)
For each affordable purchase unit to be sold or affordable rental
unit to be leased to qualified families with adjusted gross incomes
no greater than 80% of the maximum affordable income, an additional
1.5 market rate units of equivalent bedroom count may be added beyond
the maximum density otherwise permitted under zoning (half units shall
be rounded up).
(3)
For each affordable purchase unit to be sold or affordable rental
unit to be leased to qualified families with adjusted gross incomes
no greater than 60% of the maximum affordable income, an additional
2.0 market rate units of equivalent bedroom count may be added beyond
the maximum density otherwise permitted under zoning.
B.
The maximum increase in density pursuant to the provisions of this
chapter shall be 25% of the density otherwise permitted by zoning
(partial units of 0.500 and greater shall be rounded up; otherwise,
rounded down). For the PRI district, the 25% density increase shall
be based on base density only and shall add to and not multiply other
density incentives permitted under that district's provisions.
C.
Except in the PRI district, the Planning Board is authorized to increase
the height requirements by up to one story and 10 feet, and to vary
any other bulk requirement or parking requirement by up to 20% in
order to provide the density incentive authorized herein, except under
no circumstance shall the Planning Board vary any bulk requirement
that would result in a significant adverse environmental impact.
Affordable housing units shall:
A.
Be distributed throughout the market rate housing and not concentrated
in one area of a proposed building or site;
B.
Be indistinguishable in outward appearance, and location from market
rate units with equivalent number of bedrooms;
C.
Be distributed among one-, two- and three-bedroom units, etc., in
the same proportion as the dwelling units in the market-rate purchase
housing;
D.
Each have a floor area of not less than 80% of the average floor
area of market rate dwelling with similar floor areas; and
E.
Interior finishes, appliances and/or furnishings may be reduced in
quality and cost to assist in the lowering of the cost of development
of the affordable units.
For the purchase or rental of affordable units, the following
minimum qualified family size schedule shall apply:
|
Number of Bedrooms
|
Number of Persons
(minimum)
|
|---|---|
|
Efficiency
|
1
|
|
1
|
1
|
|
2
|
2
|
|
3
|
3
|
|
4
|
4
|
A.
A draft declaration of restrictive covenants, easements and or deed
restrictions, shall be provided in recordable form, and in a form
and with controls approved by the Village Board upon advice of counsel
which shall set forth and particularize the requirements set forth
in this section and, upon approval, shall be recorded against the
property containing the affordable housing units prior to the issuance
of the building permit for the residential development. Such restrictive
covenants shall run in perpetuity against the property in which such
units are located. The declaration shall include rules and regulations
for insuring compliance with the restrictive covenants, and all rules
and regulations in the Declaration must follow the requirements of
this law.
B.
Affordable purchase unit sales. An affordable purchase unit provided
under the terms of this article shall be offered for a price consistent
with an annual housing cost including common charges, principal, interest,
taxes, insurance (PITI), and condominium fee and coop maintenance
fee as applicable that does not exceed 33% of the income limitation
for the unit based on a conforming conventional thirty-year fixed-rate
loan for a qualified family meeting the income limitation requirements
of the unit. The assumptions on occupancy levels from which to base
the purchase price is one person per bedroom.
C.
Affordable purchase unit resales. For a term of no less than 99 years following issuance of the first certificate of occupancy. Affordable purchase units provided under this article shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the higher of the then-maximum sales price for said unit calculated as described in § 245-54B, or the sum of:
(1)
The net purchase price (i.e., gross sales prices minus subsidies)
paid for the unit by the selling owner, increased by the percentage
increase, if any, in the Consumer Price Index for Urban Wage Earners
and Clerical Workers in the New York-Northern New Jersey Area, as
published by the united States Bureau of Labor Statistics (the "Index")
on any date between a) the month that was two months earlier than
the date on which the seller acquired the unit and b) the month that
is two months earlier than the month in which the seller contracts
to sell the unit. If the Bureau stops publishing this index, and fails
to designate a successor index, the municipality will designate a
substitute index; and
(2)
The cost of major capital improvements made by the seller of the
unit while said seller of the unit owned the unit as evidenced by
paid receipts depreciated on a straight line basis over a fifteen-year
period from the date of completion and such approval shall be requested
for said major capital improvement no later than the time the seller
of the unit desires to include it in the resale price.
D.
Any affordable purchase unit or units that are damaged or destroyed
during the term of its affordability requirement, shall be replaced
in kind before any market rate unit is permitted to be constructed
on the same lot.
E.
Affordable rental unit leases. Initial rents shall be based on no
more than 30% of the gross household income for a qualified family
meeting the income limitation requirements of the unit for a term
of no less than 99 years. A deduction for utility allowance for any
tenant paid utility and any fees for off-street parking must be factored
into the calculation of 30% of household earnings to determine eligibility
and affordability levels. The assumptions on occupancy levels from
which to base the purchase price is one person per bedroom. In the
event of damage or destruction of the structure in which the unit
is located in, the unit shall be replaced in-kind and made subject
to the same terms of the original affordable rental unit before any
certificates of occupancy are issued for a market-rate unit in the
same structure or on the same lot.
F.
Affordable rental units shall be limited to leases for a term of
no more than two years. So long as the qualified family complies with
the terms of the and continues to meet income requirements of the
unit the lease shall continue to renew for two-year terms. Renewal
of a lease shall be subject to the conditions of federal, state or
county provisions that may be imposed by the terms of the original
development funding agreements for the development or to the provisions
of other applicable local law. If no such provisions are applicable
and if a resident's annual gross income should subsequently exceed
the income limit for their unit, then said resident shall pay 30%
of their adjusted gross income for the remainder of their current
lease term. The difference between the rent being paid and the maximum
rent for the affordable rental unit will be deposited into the Affordable
Housing Fund.
The Village of Haverstraw Clerk's office will be responsible
for the document retention of the affordable rental or purchase units
and administration of the requirement of this article until and unless
the Village Board designates another department, staff position or
agency or obtains outside services to monitor the affordable units
created under this article during the periods of affordability and
compliance with the requirements of this chapter.
A.
In lieu of providing all or a part of on-site affordable rental units or affordable purchase units as provided herein, an applicant proposed residential dwelling units may request and upon a showing of an undue burden of financial hardship to the project satisfactory to the Village, the Village Board may permit a developer to create an equivalent number affordable rental housing units at another location in the Village or contribute money in lieu of affordable rental units to the Affordable Housing Fund. The amounts of such contribution to the fund shall be equal to the number of units deficient to the requirements of § 245-52 multiplied by the current year fair market rent for a two-bedroom unit in Rockland County multiplied by 60.
B.
Funds paid to the Affordable Housing Fund shall only be used for
capital projects resulting in an increase in the supply of affordable
purchase units and affordable rental units within the Village of Haverstraw
as permitted under law.
