The Village of Monticello hereby finds and declares:
A.
There is a compelling governmental interest in establishing housing
developments located and designated for the purpose of meeting special
needs of adults 55 years of age and older. Such housing can contribute
to the dignity, independence and meaningful activity of our senior
citizens.
B.
The Village of Monticello has determined that an appropriate means
to fulfill these needs is to amend this chapter to establish a Senior
Citizen Affordable Housing Floating District (SCAHFD), consisting
of housing for adults over the age of 55 years that may or may not
be directly supported or subsidized by a governmental agency, in accordance
with the particular criteria established herein.
C.
The purpose of the SCAHFD is to enable the Village of Monticello
to establish, on a case-by-case basis, housing that satisfies the
need for such developments in locations where it will not detract
from surrounding land uses, and to enact a flexible and specialized
zoning framework to foster the growth of these developments. Any use
other than the uses specifically enumerated herein shall be prohibited
in a SCAHFD Zone.
The SCAHFD option shall be applicable anywhere within the Village
of Monticello Zone.
A.
Application for the establishment of a SCAHFD shall be made to the
Village of Monticello Board of Trustees. Such application shall include
a sketch plan of the property on which the district is to be located,
including approximate location of proposed buildings and other structures,
parking areas, pedestrian circulation, roads, open space, recreation
areas, utilities and other proposed facilities.
B.
Once the Village of Monticello Board of Trustees has, in its sole
discretion, accepted an application for a SCAHFD and has approved
same for a particular property, the applicant shall apply to the Planning
Board for site plan approval in accordance with procedures set forth
in the Village of Monticello Code for said approval. The Planning
Board, in considering this site plan, shall apply the zoning requirements
specifically enumerated under this chapter. If a period of more than
one year elapses between the Board of Trustees' approval of the SCAHFD
and the submission of a site plan application, the SCAHFD designation
shall lapse, and the property shall revert to its prior zoning classification.
C.
In addition to all other customary fees, a fee as set from time to
time by resolution of the Board of Trustees shall accompany an application
for the establishment of a SCAHFD. In addition, the applicant shall
pay reasonable expenses incurred by the Village of Monticello in review
of said application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No senior citizen dwelling unit shall contain more than one bedroom.
Each complex may include a maintenance person's dwelling unit containing
no more than two bedrooms.
B.
The occupancy of senior citizen affordable housing shall be limited
to two persons who meet the definition of "senior citizen" as that
term is defined pursuant to present, future or amended definitions
of the governmental agency providing subsidy or support to a project
or to the head of the family if they otherwise qualify. The occupancy
of a dwelling unit by a family, the head of which is younger than
a senior citizen, shall be permitted if it is established that the
presence of such person is essential for the physical care of an eligible
occupant. In the absence of any definition, the minimum age for eligibility
shall be 55 years.
C.
Within the senior citizen district, certain related ancillary facilities
may be permitted, either in a separate building or in combination
with dwelling units, such as, but not limited to, cafeterias, self-service
laundries, lounges, game rooms or workshops, to the extent that they
meet the needs of the occupants of the development. Such facilities
shall be subordinate to the residential character of the development
and shall be located out of public view with no outside advertising.
Such facilities shall be approved by the Planning Board. Approval
of a conditional use and site development plan for dwelling units
in a senior citizen affordable housing development in no way constitutes
approval for installation of any type of related facility.
D.
The zoning standards set forth on the Schedule of Use, Area and Bulk
Regulations attached to this chapter will apply to those proposed
projects that have been approved for the SCAHFD. If not specifically
enumerated therein, standard Village of Monticello zoning requirements
will apply.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The site plan must include suitably equipped and adequately maintained
recreation open space. Group sitting areas shall be well-defined by
walls, fences, hedges or other plantings designated to impart a sense
of containment and/or security and to provide group privacy. There
must be a minimum of 150 square feet of usable open space per dwelling
unit.
F.
There shall be provided a safe and convenient system of drives, service
access roads and walks with due consideration given in planning such
facilities to such items as handrails and ramps. Such facilities shall
be adequately lighted, and said lighting shall not be directed on
adjacent streets or properties.
G.
Central refuse collections areas shall be located for the convenience
of all units. There shall be supplied an adequate number and type
of covered receptacles, and these shall be provided with proper screening
and maintenance.
H.
Where a dwelling is to be rented, the lease for said unit shall not
exceed two years. As long as an occupant remains eligible and has
complied with the terms of the lease, the occupant shall be offered
a two-year renewal of the lease. If an occupant's annual income shall
exceed the eligible income level by more than 20% and there is an
eligible applicant for the unit, the occupant may complete the then-current
lease term only.
I.
Occupant selection standards. The following standards shall be used
to determine occupancy and will be prioritized in the order hereby
enumerated:
J.
Deed restrictions.
(1)
Ownership. The title to affordable senior citizen housing shall
be restricted so that, in the event of resale by the owner or any
successor, the project shall remain as affordable senior citizen housing
in perpetuity unless the Village of Monticello or any successor governmental
agency lawfully changes this restriction.
(2)
Rental. The title to a development containing affordable senior citizen housing rental units shall be restricted so that, in the event of resale by the owner, the purchaser shall be obligated to maintain the provisions of the rent regulation agreements in accordance with Subsections H and K of this § 280-14.4, Development standards.
K.
Rent regulation and lease renewal; continued eligibility. An occupant
of a senior citizen 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 or as described or set forth by state and/or
federal law.
L.
Improvements restriction. The owner of an affordable senior citizen
housing unit shall not make any internal or external structural improvements
and/or changes to a unit without first obtaining the appropriate approvals
and permits necessary.
A site plan development plan of a senior citizen affordable
housing development approved in accordance with these regulations
shall remain valid for a period of two years following the approval
of the site plan by the Planning Board and all other necessary governmental
approvals as shall be needed to start construction. If, at the end
of that two-year period, no application for a building permit has
been filed, then the plan shall be considered as having lapsed and
shall be of no effect. However, a one-year extension may be granted
by the Planning Board for the site plan if the developer shows reasonable
grounds for delay in the start of construction. Further, once a building
permit is issued, if a substantial portion of the construction anticipated
under said building permit authorization is not commenced within one
year of the issuance of the permit, the permit shall be void ab initio.
It shall be the duty of the owner or his agent to file a certification
with the Building Official indicating compliance with this article's
requirements relating to the number of occupants and the age of the
occupants in each dwelling unit. Such certification shall be filed
no later than February 1 of each year. Failure to file certification
as required shall be deemed a violation of this article subject to
penalties set forth in the Village of Monticello Code.
