New Paltz City Zoning Code
ARTICLE XVIII
Affordable Housing
§ 140-170 Intent and purpose.
The Town of New Paltz recognizes that there is a lack of affordable housing opportunities in the Town and the region for moderate-income households, such as residents of retirement age with fixed or reduced incomes, young adults of modest means forming new households, government and school district employees in moderate-income ranges, single-parent families, and health care, retail and service personnel needed to serve the expanding residential and commercial base in the Town. The inadequate supply of housing in the Town and the region for persons of moderate income results in long commute distances from outside the area to places of employment within the Town, thereby overtaxing existing roads and transportation facilities, significantly contributing to air and noise pollution, and engendering greater-than-normal personnel turnover in the business, industry and public agencies of the Town, all adversely affecting public health, safety, and welfare and resulting in an added financial burden on the citizens of the Town. Without intervention, the trend toward increasing housing prices and the local and regional shortage of affordable housing for Town residents and local employees will harm the ability of local employers to maintain an adequate local workforce. The purpose of this article is to enhance public health, safety, and welfare by promoting high-quality, moderately priced housing located in neighborhoods throughout the community for households of moderate-income levels to meet the Town's goal, as expressed in the Town's Comprehensive Plan and to meet existing and anticipated future employment and volunteer needs in the Town.
§ 140-171 Exemptions.
Affordable dwelling units that are constructed with federal or state subsidies and/or with tax incentives shall be exempt from the provisions of this section, provided these dwelling units are subject to affordability requirements because of receiving these subsidies or incentives.
§ 140-172 Definitions.
The following words shall have the following meanings:
A dwelling unit for which the monthly housing costs, including rent or mortgage principal and interest, property taxes, insurance, and applicable utilities, does not exceed 30% of the gross monthly income of an income-qualified household as defined in this section. Affordability shall be determined relative to the Ulster County Area Median Income (AMI) as published annually by HUD. Affordability may be restricted through deed covenants, regulatory agreements, or other legally binding instruments.
A predominantly residential area designed to support households of various sizes, including those with children, characterized by long-term occupancy, stable housing patterns, and proximity to community amenities such as schools, parks and public transportation. The term distinguishes such areas from those primarily occupied by transient, seasonal, or group-living populations.
One or more persons occupying a dwelling unit and living together as a single housekeeping unit, sharing common living, sleeping, cooking, and sanitary facilities.
A household with annual gross income at or below 50% of AMI for Ulster County, as determined annually by HUD. For purposes of state or federal program compliance, "very-low-income household" refers to households earning at or below 30% of AMI.
Dwelling units offered for rent or sale at prices determined solely by the private market, without income restrictions, rent limits, or public subsidies requiring affordability to specific income bands.
A building or group of buildings or contiguous lots incorporating two or more complementary land uses (typically residential, commercial, office, institutional, or civic) designed and arranged in an integrated and pedestrian-friendly manner. Residential and non-residential uses may be vertically or horizontally integrated.
Dwelling units affordable to households with income between 50% and 80% of AMI for Ulster County, as published annually by HUD. Housing costs for such units shall not exceed 30% of household income.
Residential accommodations designed, intended, or used for occupancy by students enrolled in an accredited college, university, or secondary institution. Student housing may include dormitories, group-living arrangements, student-designated apartment units, or similar facilities, and may be owned by an institution or private entities. Tenancy patterns typically align with academic terms or yearly enrollment cycles.
§ 140-173 Covered projects.
A.
The provisions of this section apply to the following:
(1)
All projects that result in or contain 10 or more residential dwelling units and to subdivisions consisting of six or more lots in the Town of New Paltz. Projects subject to the provisions of this section include, without limitation, the following:
(a)
Any project for which approval has been granted on or after the effective date of this article consisting of new residential lots, new residential construction, or new mixed-use construction having a residential component as part of its approved plan;
(b)
Any project for which approval has been granted on or after the effective date of this article that includes the renovation or reconstruction of an existing multifamily residential structure that increases the number of residential units from the number of units in the structure prior to renovation or reconstruction;
(c)
Any project that will change the use of an existing building from non-residential to residential.
(d)
Any project that includes the conversion of rental property to condominium property shall continue to rent the same number of affordable units approved in the original plan in perpetuity.
B.
In calculating whether a covered project contains a total of 10 or more dwelling units for the purposes of this section, the project includes all land at one location owned or controlled by the applicant. An applicant shall not avoid this section by submitting separate applications or approval requests for subdivision plats, site or development plans, or building permits. Any applicant may apply for fewer than 10 dwelling units or lots at any time; provided, however, that the applicant shall agree in writing that the applicant shall comply with this section when the total number of dwelling units or lots at one location reaches 10 or more at the time of application.
§ 140-174 Inclusionary percentage.
15% of the total number of residential units or lots in any covered project of more than 10 units shall be affordable to low-income and moderate-income households and shall be located on the site of the covered project. Resulting fractional obligations shall be rounded as follows: a fraction of 0.5 or more shall be rounded up, and a fraction of less than 0.5 shall be rounded down.
§ 140-175 Density bonuses.
§ 140-176 Affordable housing plan.
A.
As part of the approval of a covered project, the applicant shall submit to the Town of New Paltz Planning Board an affordable housing plan that outlines and specifies the covered project's compliance with each of the applicable requirements of this article.
B.
The plan shall specifically contain, at a minimum, the following information:
(1)
A description of the project, including whether the project will contain rental units or individually owned units, or both;
(2)
The total number of market-rate units or lots for affordable units in the project;
(3)
The number of bedrooms in each market-rate unit and each affordable unit;
(4)
The square footage of each market-rate unit and each affordable unit;
(5)
The location within any multifamily residential structure, mixed-use building, townhouse, and single-family detached residential development of each market rate unit or lot and each affordable unit or lot;
(6)
The pricing for each affordable dwelling unit or lot;
(7)
The phasing and construction schedule for each market rate unit and each affordable unit;
(8)
Documentation and plans regarding the exterior appearances, exterior and interior materials, and finishes of the project and each of its units;
(9)
Anticipated rents and what, if any, utilities and amenities will be included.
§ 140-177 Project standards.
A.
Affordable housing units must meet the following standards: 1) location of affordable dwelling units or lots. All affordable housing units or lots shall be dispersed among the market-rate units or lots throughout the covered project.
B.
If the project is being marketed as student housing, the developer may request a waiver from the Planning Board to create a "family" neighborhood;
C.
The exterior finishes and appearances of the affordable dwelling units shall be indistinguishable from the market rate units in the covered project and shall be constructed of the same quality building materials;
D.
Interior finishes. Kitchen cabinets and vanities shall be new and doors shall be made from solid wood or plywood (no flakeboards, pressboards, etc.);
E.
Moisture-resistant sheetrock shall be used in bathrooms;
F.
Doors, windows, non-fossil fuel boilers, furnaces, heat pumps, hot water heaters, air-conditioning units (if applicable), and appliances shall be certified Energy Star and consistent with NY State CLCPA (Climate Leadership and Protection Act);
G.
Kitchen and bath faucets shall be ceramic valve type;
H.
Flooring for the kitchen, bath, and entry foyer (if applicable) shall be ceramic tile, hardwood, or vinyl composite tile/vinyl sheet flooring of 0.075-inch mil thickness or greater;
I.
Overhead light fixtures in bedrooms, apartment hallways, and dining areas shall be permanently installed and activated by switches;
J.
Each unit shall contain a thirty-inch-wide electric stove and a refrigerator of 19 cubic feet or larger;
K.
Carpets shall be piletype, builder grade, with appropriate underlayment. No indoor/outdoor types shall be used;
L.
Size. Affordable dwelling units may differ in size from market-rate units provided that: 1) The housing types (multifamily, townhouse, single-family detached, etc.) of the affordable units shall be in equal proportion to the market rate units in the covered project unless the Planning Board has determined that there is a lack of diversity in affordable unit types, and 2) an analysis of the list of eligible households shows a clear need for different housing types, in which case the Planning Board may approve alternative types of affordable units.
M.
In all zoning districts, the bedroom mix of affordable units shall be in equal proportion to the bedroom mix of the market rate units, except that no affordable unit shall have more than three bedrooms. In general, the goal shall be that 50% of the affordable units shall contain three bedrooms, 25% shall contain two bedrooms, and 25% shall contain one bedroom.
N.
The gross floor area of the affordable dwelling units shall meet the following minimum size requirements:
Unit Type | ||
|---|---|---|
Number of Bedrooms | Detached Single-Family (square feet) | All Other Types (square feet) |
Efficiency (studio) | — | 450 |
1 | — | 700 |
2 | 1,000 | 900 |
3 | 1,200 | 1,200 |
§ 140-178 Rental units.
For rental units within covered projects, the following shall apply:
A.
Each lease shall provide that all affordable dwelling units be maintained at the original builder's specification level;
B.
Leases shall include clearly stated compliance clauses;
C.
Normal owner maintenance includes, but is not limited to, the replacement of major building systems (roof, hot-water heater, heat pump or non-fossil fuel energy efficient appliance, deck/porch) which have reached their useful life (e.g., replacement of a roof after 20 years). The Town reserves the right to establish a schedule outlining the "useful life" of common major building systems.
D.
Vacancies. Landlords shall promptly notify the Town and Village Clerks of all available affordable housing within 48 hours of vacancy. The Clerks shall promptly arrange distribution on all municipal outlets and websites.
(1)
Absent any necessary repairs to the unit, the landlord shall employ reasonable efforts to ensure that the vacant unit is rented within six weeks of vacancy.