Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
A. 
Legislative intent. The Senior Citizen Housing District (SCHD) is a floating zone established to expand housing opportunities, including affordable housing opportunities, for senior citizens in the Town of Fish-kill. It is the intent of this article to encourage the development of affordable and walkable communities of multiple dwelling units for senior citizens, to ensure that such developments provide a minimum of services and facilities on site to accommodate resident needs and to minimize the impacts to surrounding properties.
B. 
Objectives. The specific objectives of this article include:
(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 and convenience 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 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.
(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.
D. 
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 in Article II and subject to the following additional conditions:
(1) 
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.
(2) 
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.
(3) 
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.
E. 
Density bonus.
(1) 
Developers who propose to include affordable housing units may be entitled to pursue an increase in the permitted number of units by a maximum of 15. Base density shall first be established based on a yield plan demonstrating the maximum number of units which could be developed based on the 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, the maximum density in the applicable districts per § 150-50C(1) shall be 12 units per acre.
(a) 
For every two approved affordable housing units in excess of that required per § 150-55, 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 E(1), 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).
(b) 
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 § 150-73(7) of this chapter.
F. 
Supplementary site regulations.
(1) 
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.
(2) 
Miscellaneous.
(a) 
Utility service to the site shall be buried.
(b) 
Outdoor public address systems or other outdoor amplified noise shall be prohibited.
G. 
Building requirements.
(1) 
The following requirements shall apply to multifamily buildings located in a Senior Citizen Housing District:
(a) 
Laundry. Each building within a development shall contain self-service laundry facilities (washers and dryers) adequate to serve the tenants of the development.
(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 not less than 20 square feet per unit.
(c) 
Barrier-free access. Each building within a development 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.
(d) 
Buildings shall have uniform architectural treatments applied and renderings shall be submitted to the Planning Board for review.
(2) 
Unit requirements.
(a) 
Unit size.
[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] 
The minimum permitted habitable floor area, as defined by Subsection G(2)(a)[1], above, shall not include common areas, stairways, decks, storage or hallways.
(b) 
Maximum occupancy. Maximum number of persons to occupy any single unit shall be three.
(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. 20% of all dwelling units shall be adaptable for use by nonambulatory persons.
[3] 
Handicapped accessible. 20% 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.
H. 
Rezoning procedure.
(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. Plans shall be prepared consistent with Article X herein with the following additional information:
(a) 
Preliminary floor plans and building elevations.
(b) 
A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.
(c) 
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. Alternatively, the Town Board may reject the application.
(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.
(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.
I. 
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 X 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 a SEQR determination and site plan approval.
J. 
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.
K. 
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.
(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 § 150-6, 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 § 150-54I(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 § 150-6, definitions. 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.
L. 
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 § 150-54J, K and L of this chapter.