[HISTORY: Adopted by the Town Board of the Town of Pawling 3-10-1992
as L.L. No. 2-1992. Amendments noted where applicable.]
A.
In any residential district, the Town Board, at the recommendation
of the Planning Board, may grant a special use permit for affordable housing
units, as defined herein.
B.
It is the purpose and intent of this chapter to create
affordable housing units within the Town of Pawling consistent with the needs
and objectives as contained in the Town Board resolution adopted March 10,
1992. To the extent that good planning permits the creation of said affordable
housing units, it is also the intent to this chapter to disperse throughout
the Town the affordable housing units created.
C.
The policy goal of this chapter is to create an average
of 10 affordable housing units per annum, and it is a further intent herein
to provide as many units of affordable housing at or below the target prices
and rents as calculated hereunder.
D.
This chapter is also intended to provide the Town Board
with sufficient flexibility for standards of approval to balance the need
for affordable housing as that need changes in scope and location with the
other objectives of the Town Master Plan, and in particular, those providing
for environmental protection.
E.
In addition, it is the intention of this chapter to provide
a means for the Town of Pawling to implement the provisions of the New York
State Environmental Quality Review Act (SEQRA)[1] in helping to mitigate the adverse effect that development may
have on the community.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
As used in this chapter, the following terms shall have the meanings
indicated:
A Board to be composed of five residents of the Town of Pawling whose
function is to properly administer the goals, intents and provisions of this
chapter so that said goals, intents and provisions are realized.
The gross annual income of all members of a household, including
but not limited to taxable income, nontaxable income, investment income, accident
and health insurance benefits, insurance policy proceeds, distributions from
trust funds, social security payments and unemployment compensation, excluding
the earnings of working minors and/or full-time students. The term for fixing
the gross annual income shall be such as is fixed by the Affordable Housing
Board's rules and regulations.
Prices for ownership and rental housing which, if exceeded, shall
not qualify a housing unit as affordable housing.
The amount of additional density allowed in a development by the Town Board pursuant to § 55-3C below.
Any plan, including subdivision, site plan and/or development on
a parcel of land, on which shall be erected or improved any building or buildings
that contain affordable housing.
The physical conditions which will be affected by the proposed density
bonus, including land, air, water, minerals, flora, fauna, noise, objects
of historic or aesthetic significance, existing patterns of population concentration,
distribution or growth and existing community or neighborhood character and
demographics.
Ownership and rental pricing standards derived from readily available
and reliable date sources used in determining housing affordability for the
calculation of target and ceiling rates.
The income needed to pay the principal and interest payments on a
fixed-rate, thirty-year mortgage of 80% of the sales price of affordable housing,
at current mortgage rates.
A one-family dwelling unit having one party wall and one side yard.
Prices for ownership and rental of affordable housing which are to
be used to guide the Town Board in determining the extent of density bonus
to be granted.
The Town Board, when granting a special permit for affordable housing,
shall apply the following standards:
A.
Cost-effective site and building design. Each applicant to the Town Board shall be encouraged to promote the most appropriate use of land and housing affordability by presenting a development plan that utilizes the flexibility of site and building design provided for by New York State Town Law § 281. To this end, the Town Board hereby grants full authority to the Planning Board under § 281 to modify applicable provisions of Chapter 215, Zoning, in the interest of enhancing housing affordability and environmental compatibility in any development plan. The Planning Board shall have the authority, in its discretion, to require the owner of a development plan to submit an application which reflects such modification, pursuant to rules and regulations adopted by it.
C.
[Amended 9-9-2003 by L.L. No. 1-2003]
Development density bonus. The Town Board shall set the maximum allowable
density bonus, which shall not exceed 50% of the maximum allowable density
for the underlying zoning district in the Town of Pawling. The maximum density
bonus allowed shall be fixed by the Town Board and clearly noticed under the
procedures in § 55-3D(3) below. The density bonus and number of
affordable housing units to be allowed in a development shall be based upon
the following criteria:
(1)
The percentage of total residential dwelling units in
the development that will be affordable units.
(2)
The sales price and/or rental price of the affordable housing unit(s). The Board may grant a greater density bonus, not to exceed 50%, for lower-priced units as measured against the target rates, as that is defined above, and may deny a bonus for, including but not limited to, any and all units whose sales or rental price exceeds the ceiling rates as defined in § 55-4A(3) below.
(4)
The effect of the development and/or the affordable housing
unit(s) on:
(5)
The overall impact on the dispersment of affordable housing
unit(s) within the development and within the town.
D.
Procedures to be followed. The Town Board shall adhere
to the following procedures in granting a density bonus for affordable housing
units:
(1)
All applications shall be referred to the Planning Board to consider the possible allowable density bonus to be granted. Said applications shall conform to the requirements of Chapter A230 of the Code of the Town of Pawling, Subdivision of Land. Alternative maps and plans showing the requested density bonus and without the density bonus shall be filed in accordance with Chapter A230 of the Town Code.
(2)
The Planning Board shall make all necessary interdepartment
referrals and accept and make a part of the application all comments thereto
and, where appropriate, request SEQRA[2] review for any and all identified impacts or concerns.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(3)
The site plan and subdivision plat showing the requested affordable housing density bonus units and prices thereof shall be submitted to the Planning Board, which in turn shall submit a completed application to the Town Board, which shall schedule a public hearing in relation thereto within 45 days of receipt of a complete application, at which parties in interest and citizens shall have an opportunity to be heard. Notice of said hearing shall follow those procedures as set forth in §§ 264 and 265 of the Town Law of the State of New York. Said notice of public hearing shall state the maximum density bonus to be considered and the modifications in Chapter 215, Zoning. Nothing herein shall obligate the Town Board to grant the maximum density bonus noticed for public hearing. In no case shall the Town Board have the authority to grant more than the maximum density bonus noticed for public hearing.
The Affordable Housing Board shall apply the following standards to
affordable housing that is to be sold to income-eligible households:
A.
Affordable rates.
(1)
Affordable index: the index which is used to calculate
the purchase target rate and purchase ceiling rate as defined above. Said
index is calculated by taking the affordable price of a single-family dwelling
for a median-income household of four in Dutchess County, as calculated by
the Dutchess County Planning Department from time to time, multiplied by 2.25
(to reflect standards set by the Department of Housing and Urban Development).
(2)
Purchase target rate: the threshold price at which the
affordable housing unit is affordable to a qualifying buyer. It is calculated
by taking the affordable index and adjusting the index by the size of the
household and the housing unit. This target rate is determined by multiplying
the affordable index by the following factors:
|
Size of Housing Unit
|
Factor
| |
|---|---|---|
|
0-bedroom
|
0.7
| |
|
1-bedroom
|
0.8
| |
|
2-bedroom
|
0.9
| |
|
3-bedroom
|
1.0
| |
|
4-bedroom
|
1.1
| |
|
5-bedroom
|
1.2
|
(3)
Purchase ceiling rate: the price for the various sized
housing units that is the maximum price chargeable for a housing unit. If
a housing unit were to be targeted for sale at a price above the purchase
ceiling rate, then that unit would no longer be considered an affordable housing
unit and ineligible for consideration for a density bonus. The purchase ceiling
rate is the purchase target rate multiplied by 120% [1.2].
(4)
Density bonus prices. A developer making an application
hereunder shall state the proposed sales price of the affordable housing unit(s)
to be constructed. It is recognized that the actual price to be charged for
affordable housing must reflect changes in conditions which occur between
the date of the application under this chapter and the date of completion
of the development. The rules and regulations adopted by the Affordable Housing
Board shall contain provisions allowing for such changes.
B.
Income eligibility. To be eligible to purchase affordable
housing, a household's aggregate income shall not exceed 120% [1.2] of
the qualifying income required for the purchase of affordable housing sold
at the unit's purchase ceiling rate.
C.
Net assets.
(1)
Net assets limitation. To ensure that the affordable
housing units created herein will, in fact, be purchased by those persons
with need for the same, in addition to the income eligibility requirement,
the Affordable Housing Board shall exclude from the list of eligible persons
those with net assets exceeding 50% of the cost of a three-bedroom target
rate affordable housing unit. The determination of net assets shall be as
promulgated in the rules and regulations of the Affordable Housing Board.
(2)
Net assets as income exception. It is recognized that,
under certain circumstances, a person(s) seeking affordable housing may have
substantial net assets exceeding the limits above, but due to age and/or disability,
does not receive an appreciable income and therefore relies on net worth in
lieu thereof. For these persons, the Affordable Housing Board, on proper evidence,
may make an exception to the net assets eligibility rule. The exception is
intended to apply in particular to the elderly and/or disabled who do not
produce an income but may have significant net assets (i.e, home equity, etc.).
The Affordable Housing Board shall apply the following standards for
affordable housing rented to income-eligible households:
A.
Affordable rates:
(1)
Rental index rate. The rental index rate shall be 35%
of the median annual town-paid gross wages of all full-time employees of the
Town of Pawling for the last full calendar year prior to the year in which
the unit is leased.
(2)
Rental target rate. The rental target rate for affordable
housing rented to income-eligible households shall be established according
to the size of each individual housing unit and shall be determined by multiplying
the rental index rate by the following factors:
|
Size of Housing Unit
|
Factor
| |
|---|---|---|
|
0-bedroom
|
0.7
| |
|
1-bedroom
|
0.8
| |
|
2-bedroom
|
0.9
| |
|
3-bedroom
|
1.0
| |
|
4-bedroom
|
1.1
| |
|
5-bedroom
|
1.2
|
(3)
Rental ceiling rate. The rental ceiling rate for various
unit sizes shall be 120% [1.2] of the rental target rate.
B.
Income eligibility. To be eligible to rent affordable
housing, a household's aggregate monthly income shall not exceed four
times the unit's rental ceiling rate.
C.
The rental calculations used herein specifically exclude
the cost of utilities.
When affordable housing is sold or rented, the following standards shall
be used to determine occupancy:
B.
Preference categories. Among income-eligible households,
preference to purchase or rent affordable housing shall be given to those
households where a member of the household to occupy a unit of affordable
housing shall contain an individual in one of the four tiers of categories
below:
(1)
(2)
Tier 2.
(a)
Tier 2 shall include:
[1]
Households whose head of household or spouse is 62 years
of age or older and is a resident of Pawling.
[2]
Households whose head of household or spouse is 30 years
of age or younger and is a resident of Pawling.
[3]
Veterans of the United States Armed Forces residing in
Pawling.
[4]
Other persons employed in Pawling.
(b)
To be eligible as a Tier 2 household, the member of the
household who qualifies under this section must have been a resident of the
Town of Pawling for a period of not less than two years and/or employed in
the Town of Pawling for a period of not less than two years.
(c)
If and only if there are no income-eligible households
in Tier 1 and Tier 2, or where the income-eligible households in Tier 1 and
Tier 2 are exhausted, the Affordable Housing Board shall hold a lottery to
select a household from Tier 3 below.
(3)
Tier 3. Any other Town of Pawling resident or employee
within the Town of Pawling meeting income eligibility requirements.
(4)
Tier 4. If and only if there are no income-eligible households
in any of the above tiers, then the Affordable Housing Board shall select,
by lottery, any other resident of the town's housing region who is in
search of housing and who meets the income eligibility requirements of this
chapter.
The Housing Board shall take all those eligible households in Tiers
1 through 4 above and shall first hold a lottery of all Tier 1 households
and then hold a lottery for all Tier 2 households, and so on until the supply
of affordable housing is exhausted.
A.
Use limitations. The owner or occupant of an affordable
housing unit may not lease or sublet the unit without the prior authorization
of the Affordable Housing Board. The Affordable Housing Board shall not permit
affordable housing to be leased or sublet unless the following conditions
are met:
(1)
The owner or occupant intends in good faith to use the
unit as his principal residence but is temporarily prevented from doing so
because of illness, illness of a family member, requirements of employment
or other appropriate reason.
(2)
The lessee or sublessee meets the conditions established
herein for initial occupancy of affordable housing.
(3)
The rent charged is in accordance with the provisions
and intent of this chapter.
(4)
Any lease or sublease shall not exceed six months.
B.
C.
Resale.
(1)
The resale price of affordable housing shall be the original
purchase price paid by the owner increased by a percentage equivalent to the
increase in the current underlying income of the affordability index from
the date of the original purchase to the date of the sale, plus the costs
of purchasing and selling the unit.
(2)
Resale procedure. The owner of affordable housing shall first offer to sell the unit to the Affordable Housing Board, or its designee. Upon notification of the owner's intent to sell, the Affordable Housing Board shall calculate the resale price as set forth in § 55-8C(1) above, taking into consideration, in its discretion, any significant improvements made to the property. Any resale of affordable housing must be subject to the deed restriction as set forth in § 55-8B above.
D.
Rent regulation and lease renewal.
(1)
A rent regulation agreement shall be entered into by
and between the Affordable Housing Board and the owner of a development containing
rental affordable housing. This agreement shall establish the amount of initial
rents, procedures for determining rent increases for leases of various terms
using reliable indexes, procedures for leasing to eligible tenants, procedures
for renewing leases, subletting and other conditions necessary to effectuate
the purposes of this chapter.
(2)
Continued eligibility. An occupant of an affordable 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.
E.
Improvements restriction. An owner of an affordable housing
unit shall not make any internal or external structural improvements and/or
changes to an affordable housing unit without the approval of the Affordable
Housing Board and, before making any improvements and/or changes, shall obtain
the appropriate approvals and permits necessary.
The Town Board shall establish an Affordable Housing Board composed
of five members, each a resident of the Town of Pawling. It shall be the purpose
of this Board to properly administer the provisions of this chapter so that
its purpose and intent are realized. The Affordable Housing Board shall have
the following responsibilities:
A.
The annual review of the implementation of this chapter
and the recommendation of changes in these provisions, where necessary.
B.
The calculation and recording of the affordability index
rates, target rates, ceiling rates and eligible incomes for each calendar
year.
C.
The certification of the eligibility of all households
applying for the purchase or rental of affordable housing and the annual recertification
of each applicant.
D.
The maintenance of a list of eligible households for
each size and type of affordable housing.
E.
The establishment and control of a lottery for selecting
income-eligible households for occupancy of affordable housing.
F.
The promulgation by resolution from time to time of such
rules and regulations necessary to implement the requirements, intent and
purpose of this chapter.
G.
The authority to take any other actions necessary to
effectuate the purpose and intent of this chapter.
The members of the Affordable Housing Board selected under the provisions of § 55-9 above shall serve, ex officio, as the Board of Directors of a separate and legally distinct corporation, incorporated under the Not-for-Profit Corporation Law of the State of New York. Appropriate officials and agencies of the Town of Pawling are hereby empowered to enter into contractual agreements with this corporation to enable it to operate an Affordable Housing Trust Fund and an Affordable Housing Land Bank for the specific purpose of furthering the objectives of this chapter. It shall be the responsibility of the Affordable Housing Board to promulgate any and all necessary rules and regulations to implement the requirements, intent and purpose of this § 55-10.
A.
Trust fund. Upon enactment of this chapter, the Town
Board shall cause to be created an account or accounts in a local financial
institution or institutions for the purpose of receiving and holding moneys
to construct and promote affordable housing. Moneys in this fund shall be
held in escrow and shall be used for the sole purpose of creating affordable
housing.
(1)
Operation of trust fund. The Town Board shall cause to
be deposited any and all funds designated for affordable housing in these
accounts. The Town Board, or the Affordable Housing Board, as empowered by
the Town Board, shall monitor said funds and shall be responsible to produce
regular quarterly reports regarding the activity of said funds.
(2)
Withdrawal of funds. Funds may be withdrawn from the
Affordable Housing Trust Fund solely for the purpose of promoting and assisting
in the creation or purchase of affordable housing units or land for affordable
housing. Such projects shall first be deemed appropriate by the Affordable
Housing Board and shall receive from that body. Projects may include but are
not limited to financing of affordable housing construction, purchase of affordable
housing units, contribution to infrastructure costs to buy down the cost of
construction of affordable housing units or any of a number of other means
deemed appropriate by the Affordable Housing Board. Withdrawal of moneys from
or use of the trust fund for purposes not associated with affordable housing
is strictly prohibited. All fund withdrawals must receive the approval of
the Town Board.
B.
Land bank. Upon enactment of this chapter, the Town Board
shall cause to be created an Affordable Housing Land Bank. The land bank shall
hold and acquire land in the Town of Pawling for the sole purpose of promoting
the development of affordable housing.
(1)
Intent. Land distributed or developed by the land bank
shall conform to the goals of the Town and Dutchess County Master Plans. The
Affordable Housing Board shall seek guidance from the Town Planning Board
when deciding upon the utilization of specific parcels to ensure the proper
integration of said parcels within the overall pattern of development in the
Town and to ensure compliance with the Town and County Master Plans.
(2)
Land bank operation. This land bank shall be administered
by the Affordable Housing Board. The Affordable Housing Board shall, in consultation
with the Town Tax Assessor, maintain a roll of all properties owned by the
Town for use for affordable housing purposes. Said Board shall also keep an
up-to-date map of the parcels within the Town that are under its jurisdiction.
In addition, the Affordable Housing Board shall maintain a target list of
properties. These target properties shall be those that are of special value
to the purpose of developing affordable housing. This target list shall be
continually updated and regularly made available to the Planning Board.
(3)
Land utilization. The Affordable Housing Board may utilize
land held by the land bank by:
(a)
Seeking requests for proposals (RFP's) to develop
land owned by the land bank.
(b)
Contracting with developers who will agree to construct
and maintain affordable housing.
(c)
Allowing developers in other parts of the Town to transfer
development rights to such parcels.
(d)
Other techniques deemed appropriate by the Town Board
and Planning Board for the implementation of affordable housing.
(4)
Resale. Land owned by such land bank shall be used expressly
for construction and development of affordable housing. The Town Board or
Affordable Housing Board are hereby forbidden from selling, contracting or
otherwise using land governed by the land bank for purposes other than those
stated above.
The standards and provisions of all special uses provided for in the
Code of the Town of Pawling shall be applicable to the special permit procedure
herein to the extent that the same are not inconsistent herein.
The Town Board has the right to require that anyone receiving a special
permit hereunder post proper security to the satisfaction of the Town Board
to ensure the proper and timely construction of the affordable housing units
created herein.
The Town Board, in its discretion, may require that a developer receiving
a special permit herein construct a percentage of affordable units prior to
the issuance of building permits for market rate housing within the same development.
Said percentage shall be set by the Affordable Housing Board.
