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.

The construction of nursing homes, assisted living residences, congregate care facilities, extended stay hotels and group homes.

The construction of houseboat or floating home communities, which are deemed impractical for occupancy as affordable housing.

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.

Household size calculation:

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:

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.

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.

Be distributed throughout the market rate housing and not concentrated in one area of a proposed building or site;

Be indistinguishable in outward appearance, and location from market rate units with equivalent number of bedrooms;

Be distributed among one-, two- and three-bedroom units, etc., in the same proportion as the dwelling units in the market-rate purchase housing;

Each have a floor area of not less than 80% of the average floor area of market rate dwelling with similar floor areas; and

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.

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.

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.

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:

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.

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.

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.

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.

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.

The expenditure of affordable housing funds for a project shall require that project to be subjected to the same restrictions required in § 245-54.