Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[Added 6-4-2003 by L.L. No. 4-2003]
A. 
Statement of intent. The Senior Citizen Housing District (SCHD) is established to expand affordable housing opportunities for senior citizens in the Town of Fishkill. It is the intent of this article to encourage the development of moderately priced multiple dwelling units for senior citizens, to ensure that such developments provide a minimum of services and facilities to accommodate resident needs and to minimize detrimental effects on surrounding properties.
B. 
Objectives. The specific objectives of this article are:
(1) 
To provide affordable housing for those senior citizens living on fixed or limited incomes in order to give such residents the opportunity to remain in the community close to family and friends.
(2) 
To provide appropriate sites for the development of such housing in locations convenient to social and medical facilities, retail shops, public transportation and other necessary services.
(3) 
To provide, within the boundary of the development, appropriate social, recreation and other facilities which will contribute to the independence and meaningful activity of senior citizens.
(4) 
To provide for the safety and convenience of residents through site design and housing unit design requirements which consider:
(a) 
The special physical constraints and needs of the elderly; and
(b) 
The physical characteristics of the development site.
(5) 
To regulate the nature and density of senior citizen housing developments, their site layout and design, and their relationship to adjoining uses, so as to provide ample outdoor living and open space for residents and to minimize detrimental effects on the surrounding neighborhood and environment.
C. 
General provisions.
(1) 
A Senior Citizen Housing District is a floating zone created by amendment of the Town's Official Zoning Map[1] through exercise by the Town Board of the procedures set forth in this article. The following zoning districts are eligible hosts for the floating zone: R-MF-3, R-MF-5, PB and RB.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
(2) 
In a Senior Citizen Housing District, no building, structure, premises or part thereof shall be used or occupied, and no building or structure shall be erected, enlarged, converted or altered except as provided in this article.
(3) 
Definitions. As used in this article, the following terms shall have the meanings indicated:
[Added 4-18-2007 by L.L. No. 3-2007]
ADJUSTED MEDIAN FAMILY INCOME
The United States Department of Housing and Urban Development's (HUD) median family income limits for the Poughkeepsie-Newburgh-Middletown Metropolitan Service Area, as adjusted depending on number of persons in a family.
AFFORDABLE HOUSING
Residential units available for:
(a) 
A sales price within the means, as hereafter provided, of a household income which is 100% or less of the adjusted median family income; or
(b) 
A rental price within the means, as hereafter provided, of a household income which is 80% or less of the adjusted median family income.
(4) 
To be eligible to purchase an affordable housing unit in the Senior Citizen Housing District, the elderly family's income must be no more than 100% of the adjusted median family income. To be eligible to rent an affordable housing unit in the Senior Citizen Housing District, the elderly family's income must be no more than 80% of the adjusted median family income.
[Added 4-18-2007 by L.L. No. 3-2007]
(5) 
Calculations of initial sales price and permissible yearly rent. The initial sales price of sale units and permissible yearly rent of rental units for affordable housing units in the Senior Citizen Housing District shall be calculated in the same manner as all other affordable housing units pursuant to § 150-50.4F(1) and (2).
[Added 4-18-2007 by L.L. No. 3-2007]
(6) 
Resale; calculation of permissible resale price. The resale of affordable housing units in the Senior Citizen Housing District shall be restricted in the same manner as all other affordable housing units, pursuant to § 150-50.4H of the Town Code.
[Added 4-18-2007 by L.L. No. 3-2007]
(7) 
Restriction on sale or lease and subsequent resale. The sale or lease and subsequent resale of affordable housing units in the Senior Citizen Housing District shall be restricted in the same manner as all other affordable housing units, pursuant to § 150-50.4I(1) through (3) of the Town Code.
[Added 4-18-2007 by L.L. No. 3-2007]
D. 
Permitted uses.
(1) 
Principal uses. The following uses are permitted in a Senior Citizen Housing District subject to site plan approval from the Planning Board:
(a) 
Multifamily dwellings, provided that such dwellings are arranged as individual dwelling units for the occupancy of elderly families.
(b) 
Exception. Notwithstanding the provisions of Subsection D(1)(a) of this section, one unit may be occupied by a project superintendent or manager and his/her family.
[Amended 4-18-2007 by L.L. No. 3-2007]
(2) 
Accessory uses. The following accessory uses are permitted in a Senior Citizen Housing District subject to site plan approval by the Planning Board.
(a) 
Accessory uses, including buildings and facilities, which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development.
(b) 
The following accessory uses are permitted, provided that such facilities are restricted in their use to residents of the development and their guests:
[1] 
Meeting rooms, multipurpose rooms, lounges, lobby areas or other similar common spaces.
[2] 
Game rooms, art and craft rooms, workshops, Jacuzzis, exercise rooms, libraries or other similar indoor recreation or leisure facilities.
[3] 
Outdoor sitting areas, game areas, walking trails or other similar outdoor recreation or leisure facilities.
(c) 
The following accessory uses are permitted, provided that such facilities are managed as part of the building or complex of buildings and restricted in their use to residents of the building or building complex and their guests, and, further, provided that there are no external advertising signs for such facilities:
[1] 
A common kitchen and dining room.
[2] 
A beauty and/or barbershop, provided that the maximum floor area devoted to such use is no more than 250 square feet.
[3] 
A self-service laundry.
[4] 
A convenience shop for daily needs such as food items, prescription and nonprescription drugs, newspapers and small household items and similar items, provided that the maximum floor area devoted to such use is no more than 400 square feet.
[5] 
A coin-operated vending machine room, provided that the maximum floor area devoted to such use is no more than 250 square feet.
[6] 
Office space for a doctor, medical infirmary or clinic and/or social service delivery.
E. 
Occupancy restrictions; residential occupancy. Occupancy of dwelling units within a Senior Citizen Housing District shall be for residential purposes only. Occupancy shall be limited to elderly families as defined and described below.
[Amended 4-18-2007 by L.L. No. 3-2007]
(1) 
"Elderly family" defined. Notwithstanding the definition of "family" found in § 150-2 of this chapter, and for purposes of this article, an elderly family shall consist of:
(a) 
A single person 55 years of age or older;
(b) 
Two or three persons, all of whom are 55 years of age or older;
(c) 
A married couple, the husband or wife of which is 55 years of age or older;
(d) 
One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;
(e) 
The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; or
(f) 
One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.
(2) 
Temporary occupancy. The surviving child of a person 55 years of age or older may continue to reside in the development for a period of six months following the death of the elderly person, provided that said child was duly registered as a resident of the development at the time of the elderly person's death.
(3) 
Guests. Temporary occupancy by guests of families who reside in a Senior Citizen Housing District shall be permitted, provided that such occupancy does not exceed a total of 30 days in any calendar year. The time limits as specified in this subsection shall not apply in instances where temporary occupancy exceeding a total of 30 days is required in the public interest. Guests staying overnight shall be required to register their temporary occupancy with the project manager or building superintendent.
(4) 
Exceptions. Notwithstanding the provisions of this section, one unit in a Senior Citizen Housing District development may be occupied by a building superintendent or project manager and his/her family.
F. 
Lot and bulk requirements.
(1) 
The following lot and bulk requirements shall apply to development projects within a Senior Citizen Housing District:
(a) 
Minimum lot area. The minimum permitted lot area shall be five acres.
(b) 
Developers who propose to include affordable housing may be entitled to pursue an increase of the permitted number of density units in the R-MF-3, R-MF-5, PB and RB Districts of as much as 15% of the units which could be permitted in the Planning Board's judgment if the land were developed into lots or units conforming to all the normally applicable requirements of this section, Chapter 132, Subdivision of Land, Dutchess County Department of Health regulations and all other applicable standards. For purposes of this Article IXA, Senior Citizen Housing Districts, of the Town Code, the maximum density in the RB and PB Zones shall be 12 density units per acre.
[Amended 4-18-2007 by L.L. No. 3-2007]
[1] 
For every two approved affordable housing units, the developer shall be entitled to build one additional market-rate unit, up to a maximum unit count of 15% above the permitted number of units, as calculated in Subsection F(1)(b), above. For example, if a developer is allowed to construct 100 units under all applicable requirements and regulations and the developer agrees to construct 10 affordable housing units, then the developer would be entitled to an additional five market-rate units, for a total of 115 units (100 market-rate plus 10 affordable housing units plus five bonus market-rate units).
[2] 
To accommodate inclusion of affordable housing units into the development, the Planning Board's ability to modify yard and setback regulations shall be governed by the criteria set forth within § 150-61A(7) of this chapter.
(c) 
Maximum impervious surface area.
[Amended 4-18-2007 by L.L. No. 3-2007]
[1] 
In the R-MF-3 District, maximum impervious surface area shall not cover more than 35% of the lot area.
[2] 
In the R-MF-5 District, maximum impervious surface area shall not cover more than 45% of the lot area.
(d) 
Minimum lot depth. The minimum permitted lot depth shall be 150 feet.
(e) 
Minimum lot width. The minimum permitted lot width shall be 100 feet measured at the building setback line.
(f) 
Minimum front yard. The minimum front yard setback shall be 50 feet measured from the property line.
(g) 
Minimum side and rear yard. The minimum side yard and rear yard setbacks shall be 30 feet measured from the property line, subject to the requirements of § 150-29B.
(h) 
Except as they may be contrary to the standards set forth in this subsection, the bulk and lot requirements applicable in R-MF-5 Districts shall apply to a Senior Citizen Housing District.[2]
[2]
Editor's Note: Former Subsection F(1)(i), which provided a definition of "affordable housing," was repealed 4-18-2007 by L.L. No. 3-2007. See now Subsection C(3).
G. 
Supplementary site regulations.
(1) 
Where not inconsistent with the regulations established in this article, a Senior Citizen Housing District shall be subject to all the requirements of this chapter which apply to R-MF-5 Districts.
(2) 
Parking ratio. Parking spaces shall be provided at the ratio of 1.2 spaces per dwelling unit. The 0.2 fractional spaces shall be accumulated for staff and visitors. These spaces shall be properly arranged and identified by signage.
(3) 
Outdoor recreation. Usable outdoor recreation space shall be provided at the ratio of 50 square feet per dwelling unit. Such space shall consist of both active and passive recreation amenities such as patio areas, shaded sitting areas, walking or jogging trails.
(4) 
Miscellaneous.
(a) 
Utility service to the site shall be buried.
(b) 
Outdoor public address systems or other outdoor amplified noise shall be prohibited.
H. 
Dwelling requirements.
(1) 
The following requirements shall apply to multifamily dwellings located in a Senior Citizen Housing District:
(a) 
Laundry. Self-service laundry facilities (washers and dryers) adequate to serve the tenants of the development shall be provided and maintained.
(b) 
Indoor community space. A common lobby at the building entrance and other indoor community space and related equipment shall be required to provide social and recreational opportunities for project occupants. Included may be such facilities as game rooms, meeting rooms, dining rooms, exercise rooms or other space for active or passive recreation. Such space, exclusive of a common lobby, hallways and basements, shall be provided at the rate of no less than 20 square feet per unit.
(c) 
Barrier-free access. All multifamily dwellings shall provide barrier-free access, and, at minimum, doors shall be three feet wide, thresholds shall be flush with the floor and ramps or elevators shall be provided so that all areas of the structure are accessible to the physically handicapped.
(2) 
Unit requirements.
(a) 
Unit size.
[Amended 4-18-2007 by L.L. No. 3-2007]
[1] 
Rental units. The minimum permitted habitable floor area for rental units shall be 400 square feet for efficiency units, 500 square feet for one-bedroom units, and 650 square feet for two-bedroom units.
[2] 
Sale units. The minimum permitted habitable floor area for sale units shall be 650 square feet for efficiency units, 750 square feet for one-bedroom units, 900 square feet for two-bedroom units and 1,100 square feet for three-bedroom units. Additionally, three-bedroom units must be equipped with at least 1 1/2 bathrooms.
[3] 
The minimum permitted habitable floor area, as defined by Subsection H(2)(a)[1] and [2], above, shall not include common areas, stairways, decks, storage or hallways.
(b) 
Unit density. The minimum and maximum number of residents who may reside in a dwelling unit shall be as follows:
[Amended 4-18-2007 by L.L. No. 3-2007]
[1] 
Efficiency units:
[a] 
Minimum: one.
[b] 
Maximum: one.
[2] 
One-bedroom units:
[a] 
Minimum: one.
[b] 
Maximum: two.
[3] 
Two-bedroom units:
[a] 
Minimum: two.
[b] 
Maximum: three.
[4] 
Three-bedroom units:
[a] 
Minimum: two.
[b] 
Maximum: four.
(c) 
Unit amenities.
[1] 
Kitchen and bathroom. All dwelling units shall be designed for independent living and shall contain full bathroom and kitchen facilities, including but not limited to a sink, refrigerator, stove, range or combined unit in the kitchen and a sink, toilet, bathtub and shower in the bathroom.
[2] 
Handicapped adaptable. Twenty percent of all dwelling units shall be adaptable for use by nonambulatory persons.
[3] 
Handicapped accessible. Twenty percent of all dwelling units shall be handicapped accessible and, at minimum, contain:
[a] 
Doorways that are a minimum of three feet wide.
[b] 
Lever-type doors, handles and faucets.
[c] 
Nonskid floors.
[d] 
Ramps in place of steps.
[e] 
Door thresholds that are flush with the floor.
[4] 
Safety and convenience features. For the safety and convenience of residents, all dwelling units shall, at minimum, contain the following features:
[a] 
Nonscalding faucets.
[b] 
Grab bars located around showers and tub areas.
[c] 
Smoke detectors.
[d] 
Electric outlets located a minimum of 24 inches above the floor.
[e] 
An individually controlled thermostat for the unit.
[f] 
A panic alarm/medical alert system connected to a twenty-four-hour service available to residents upon request of such residents with the cost of such service to be borne by the residents who request it.
[g] 
Cooking appliances that do not utilize an open flame.
[h] 
A twenty-four-hour emergency phone number posted in a conspicuous location.
[5] 
Storage. A minimum of 20 square feet of storage area shall be provided for each unit. Such storage area shall be in addition to normal closet space.
I. 
Procedure for establishment; critical for rezoning.
(1) 
Application. Application for the establishment of a Senior Citizen Housing District by amendment of this chapter shall be made, in writing, to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board may refer the application to the Planning Board for recommendation.
(2) 
Application materials. The applicant shall submit a preliminary plan in sufficient quantity as determined by the Town. The preliminary plan, to be complete, shall consist, at a minimum, of the following:
(a) 
Metes and bounds description of the proposed district.
(b) 
A survey of the parcel prepared and certified by a licensed land surveyor.
(c) 
A map drawn to scale showing existing conditions of the parcel, including:
[1] 
The name and address of the owner of record and applicant, if different.
[2] 
The name of the person or firm preparing the map.
[3] 
The date, North arrow and scale.
[4] 
The names, addresses and Tax Map parcel numbers of owners of all parcels within 500 feet of the subject property; also, mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).
[5] 
The acreage of the parcel and the County Tax Map number.
[6] 
The boundaries of the parcel plotted to scale.
[7] 
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.
[8] 
The location and outline of existing structures both on the parcel and within 100 feet of the property line.
[9] 
The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.
[10] 
The existing zoning and location of zoning boundaries.
[11] 
The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.
[12] 
The approximate boundaries of any areas subject to flooding or stormwater overflows.
[13] 
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).
[14] 
Freestanding trees with a caliper dbh of 10 inches or greater located within the parcel.
[15] 
Existing contours at an interval of five feet (or less) and extending no less than 50 feet onto adjoining property.
[16] 
The identification of any other significant natural feature.
(d) 
A proposed preliminary plan, drawn approximately to scale, clearly showing the following:
[1] 
The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density, in dwelling units per acre.
[2] 
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.
[3] 
The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.
[4] 
The proposed source of water supply and method of delivery to the site.
[5] 
A general plan for the collection and disposal of sanitary wastes from the site.
[6] 
A general storm drainage plan and how it is to be connected to the drainage systems of adjoining land.
[7] 
A preliminary site grading plan at intervals of five feet or less.
[8] 
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
(e) 
A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.
(f) 
Preliminary floor plans and building elevations.
(g) 
A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.
(h) 
A statement as to the percentage and the location of dwelling units which are planned to meet affordable housing standards as defined in this article.
(3) 
Initial review.
(a) 
In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this article, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or to deny the rezoning application. If it elects, the Town Board may delegate to the Planning Board, as part of its referral of the matter, this function of dialogue with the applicant on suggested modification to the preliminary plans.
(b) 
The applicant may timely submit revised preliminary plans incorporating the changes requested. If timely resubmission is not made, the application shall be deemed abandoned.
(c) 
The Planning Board shall make a recommendation on the application and shall report its findings to the Town Board on the merits of the preliminary plans unless the application is abandoned as provided in the preceding subsection. A favorable recommendation shall not constitute or imply an approval of any sort, nor shall it constitute a decision upon an action under the State Environmental Quality Review Act.
(d) 
Criteria for rezoning to Senior Citizen Housing District. In making findings and in determining whether or not to recommend approval, the Planning Board shall consider, together with the intent and objectives of this article, whether the proposed district and development meet the following criteria:
[1] 
The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.
[2] 
The site shall be well-drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.
[3] 
The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.
[4] 
The site should be located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service shall be available to the site.
[5] 
The site shall be located such that access to the site can be obtained from a public street which meets current engineering standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.
[6] 
The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.
[7] 
The development of the site shall not produce undue adverse effects on the surrounding neighborhood.
[8] 
The extent to which quality affordable housing is made available to senior citizens, and whether the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.
(4) 
Town Board review.
(a) 
Upon receipt of a recommendation from the Planning Board, the Town Board may schedule and hold a public hearing in conformance with the requirements of § 114-2 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by § 114-2 not less than 10 business days before said hearing is held. Alternatively, the Town Board may reject the application.
[Amended 4-15-2015 by L.L. No. 1-2015]
(b) 
Following completion of the public hearing, the Town Board may act to approve, approve with modification or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.[3]
[3]
Editor's Note: The Zoning Map is on file in the Town offices.
(5) 
Time limit on validity of rezoning. Any rezoning permitted by this article shall be null and void and the zoning of the parcel shall revert back to its original zoning classification by a ministerial redesignation on the Official Zoning Map by the Town Clerk, when directed by the Town Board, unless actual construction, pursuant to a valid building permit, is commenced within two years from the date of adoption of the rezoning.
J. 
Site plan approval required. Following rezoning to create a Senior Citizen Housing District, site development plan review and approval by the Planning Board, pursuant to the generally applicable standards and procedures found in Article XI of this chapter, shall be required prior to the issuance of a building permit for development of any lot in a Senior Citizen Housing District. Substantial changes to a previously approved site plan, as determined by the Building Inspector, shall also require site plan approval.
K. 
Conformity to preliminary plan required. The Planning Board shall not approve any site development plan within a Senior Citizen Housing District unless said Board finds that the site plan is in substantial conformance with the preliminary plan which served as the basis for the zone change to a Senior Citizen Housing District.
L. 
Ability to rent an affordable housing unit in the Senior Citizen Housing District if there is no income-eligible household available to rent the unit.
[Added 4-18-2007 by L.L. No. 3-2007]
(1) 
The Town of Fishkill recognizes that an affordable housing rental unit in the Senior Citizen Housing District may become available at a point in time when no income-eligible elderly family is on the eligibility list, as defined in § 150-50.4K(5), or that all of the income-eligible elderly families on the eligibility list may reject placement in a given unit. The Town does not wish for good rental units to remain vacant for extended periods of time and, therefore, will allow an affordable housing unit in the Senior Citizen Housing District to be rented as a market-rate unit in accordance with the terms of this section.
(2) 
A landlord shall be permitted to rent an affordable housing rental unit in the Senior Citizen Housing District as if it were a market-rate unit under the following terms and conditions:
(a) 
The administrator, as defined in § 150-50.4J(1), is unable to place an income-eligible household in the unit because:
[1] 
There is not an income-eligible elderly family on the eligibility list; or
[2] 
All income-eligible elderly families on the eligibility list have rejected placement in the affordable housing unit.
(b) 
The administrator shall notify the Town Board, in writing, that an income-eligible elderly family cannot be placed in the unit based on one of the reasons provided for in this subsection.
(c) 
After receipt of the notification from the administrator that an income-eligible elderly family cannot be placed in the unit, the Town Board shall determine, in its sole discretion, by resolution, whether the affordable housing unit should be rented as a market-rate unit.
(d) 
The landlord shall pay the difference between the rent being paid by the market-rate unit tenant and the rent that would have been paid by an affordable housing unit tenant to the Town of Fishkill Affordable Housing Trust Fund. Payments of amounts due under this subsection shall be delivered to the Town as follows:
[1] 
For the months of January through June of a given calendar year, payment shall be delivered to the Town no later than July 31 of that calendar year.
[2] 
For the months of July through December of a given calendar year, payment shall be delivered to the Town no later than January 31 of the following calendar year.
(3) 
When renting an affordable housing unit in the Senior Citizen Housing District as a market-rate unit, pursuant to this section, the lease term shall be for a period of no longer than two years.
(4) 
When renting an affordable housing unit in the Senior Citizen Housing District as a market-rate unit, pursuant to this section, the occupancy of the unit shall remain restricted to an elderly family as defined in § 150-50.3E. Nothing in this subsection shall be interpreted as permitting the landlord to rent the affordable housing unit to a family that does not satisfy the definition of "elderly family."
(5) 
The landlord shall provide written notice to the administrator of the future vacancy of an affordable housing unit being rented, pursuant to this section, as a market-rate unit at least 60 days prior to the date on which the term of the lease will expire or, should the tenant vacate the unit before the end of the lease term, such shorter notice as is reasonable.
(a) 
Upon receipt of such notice, the administrator shall determine whether the placement of an income-eligible household is possible or whether the renewal of the current lease or the reletting of the unit to a noneligible household is an appropriate result.
(b) 
If the administrator determines that renewal of the current lease or the reletting of the unit to a noneligible household is an appropriate result, the Town Board shall, in its sole discretion, by written resolution, either approve or overrule the administrator's determination.
M. 
The Town may administer the affordable housing components of any approved Senior Citizen Housing District by means of the administration, enforcement and Affordable Housing Trust Fund provisions set forth within § 150-50.4J, K and L of this chapter.
[Added 10-12-2004 by L.L. No. 11-2004]