Walden City Zoning Code
ARTICLE X
Administration and Enforcement
§ 305-56 Interpretation.
In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience and the general welfare. The following specific regulations shall apply:
A.
A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
B.
The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter.
C.
The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
§ 305-57 Relationship to other laws, ordinances or agreements.
A.
Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Building Code[1] or any rules or regulations adopted or issued thereunder, or any other provisions of law or ordinance or regulations, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter. Nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that when this chapter imposes a greater restriction upon the use of buildings, structures, premises, lot or land or upon the height of buildings or structures, or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
B.
Wherever the provisions of any other law or ordinance or regulation impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulation shall control.
C.
No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure within any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any state, county or municipal road.
§ 305-58 Enforcement.
A.
It shall be the duty of the Building Inspector to administer and enforce the provisions of this chapter.
B.
Should said Building Inspector be in doubt as to the meaning or intent of any provision of this chapter or as to the location of any district boundary line on the Zoning Map or as to the propriety of issuing a building permit or a certificate of occupancy in a particular case related to the provisions of this chapter, he shall appeal the matter to the Board of Appeals or Planning Board for interpretation and decision.
C.
The Building Inspector shall adopt rules of procedure, consistent with this chapter, for the purpose of assuring efficient and uniform administration of its provisions.
D.
If the Building Inspector should mistakenly issue a building permit which violates the provisions of the chapter, that building permit shall be invalid.
§ 305-59 Building permit procedure.
A.
All procedure with respect to applications for and issuance of building permits shall be in conformity with the provisions of the Building Code Ordinance and the Building Code.[1] All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of this chapter.
B.
No building permit shall be issued for the erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
C.
Where a lot is formed from part of an existing lot, whether already improved or not, the separation must be effected in such a manner that neither of the lots nor any existing or proposed improvements thereon contradict the intent of the provisions of this chapter.
D.
After completion of footing and establishing of the forms on the first course of the foundation walls or equivalent structure, the owner shall cause a survey to be made by a licensed land surveyor, showing the true location of such foundation walls with respect to the lot lines of the lot, and a copy of such survey shall be filed with the Building Inspector before any further construction is commenced.
§ 305-60 Site plan approval.
[Amended 8-10-1976 by L.L. No. 3-1976; 4-22-1986 by L.L. No. 5-1986; 11-23-1993 by L.L. No. 7-1993]
A.
Declaration of authority. Pursuant to § 7-725-a of the Village Law, the Board of Trustees of the Village of Walden hereby delegates to the Village of Walden Planning Board the authority to review and approve all site plans for construction, renovation or use of all regulable structures within the Village of Walden.
B.
Purpose. Site plan approval is intended to secure compliance with the purposes and provisions of this chapter and with appropriate professional design practices for site improvements such as grading, drainage, sidewalks, curbs, parking, landscaping, fences and driveways.
C.
D.
Items to be considered in site plan review. In acting on a proposed site plan, the Planning Board shall consider:
(1)
The proposed location of all main and accessory buildings and the relationship to one another.
(2)
Traffic circulation within the site.
(3)
Safe ingress and egress to the site from public roads.
(4)
The safety of pedestrians on and adjacent to the site.
(5)
The number and location of all off-street parking spaces and their attendant aisles, with dimensions as to angle of parking, size and widths.
(6)
The size, location and frequency of use of any off-street truck loading area.
(7)
The location, size and design of underground telephone, electric, water, sewer and other utilities.
(8)
The location, size and illumination of all signs.
(9)
All applicable dimensional regulations for all buildings.
(10)
Provision of buffer areas, vegetative screening or earth berms to preserve an harmonious relationship with adjacent properties, buildings, neighborhoods and uses.
(11)
A tree saving plan to ensure that land stripping techniques are not used when developing the site.
(12)
Provisions for water supply and sewage disposal, including an estimate of the effect on any existing community systems.
(13)
On-site stormwater detention/retention facilities, depicting that the anticipated peak stormwater runoff from the site after development will not exceed the peak runoff from the site in an unimproved condition.
(14)
The effect of the proposed development on the use, enjoyment and value of adjacent properties.
(15)
The impact of the proposed use on the community's fire protection and public safety departments.
(16)
The danger of flood damage to the site or adjacent properties.
(17)
The impact of the proposed use on soil erosion and measures which may be taken to minimize soil erosion.
(18)
The impact of the proposed use on federal, state and locally protected wetlands.
(19)
Any other factors or considerations which bear on the public health, safety or welfare.
E.
Application procedure.
(1)
Application for site plan approval shall be made directly to the Building Inspector in the form required by the Planning Board. An application must be submitted at least 14 days prior to the Planning Board meeting at which approval is requested and must consist of:
(a)
A completed, signed application form with any required attachments.
(b)
Eight copies of a detailed site plan as set forth in this section.
(c)
All fees as set forth in a schedule adopted by resolution of the Board of Trustees to cover all review costs, including but not limited to filing fees, engineers' fees, legal fees and hearing notice fees.
(2)
Notwithstanding the above requirements, an applicant may request an informal, nonbinding, presubmission conference with the Planning Board to discuss the proposed site plan.
F.
Site plan contents. The applicant shall cause a site plan map to be prepared by a qualified engineer, surveyor, architect, landscape architect or planner. The site plan shall be drawn to an appropriate scale and shall show:
(1)
The section, block and lot of the property as shown on the most recent Tax Map.
(2)
The name and address of the record owner and of the developer/applicant if different from the record owner.
(3)
The endorsement of the record owner if the developer/applicant is different from the record owner.
(4)
The name and address of the person, firm or organization preparing the map, together with the license number and seal of such person, firm or organization.
(5)
The date the plan was drawn and the dates of all revisions.
(6)
The direction of North, including its origin, i.e., true, magnetic or deed.
(7)
A sufficient description or information to precisely define the boundaries of the property and the dimensions and area of the lot.
(8)
The name, location and width of all streets within 200 feet of the lot.
(9)
The location and owner(s) of all adjoining lands as shown on the most recent Tax Maps.
(10)
The location and width of all easements and/or rights-of-way on the property.
(11)
A complete outline of existing deed restrictions or covenants applying to the property.
(12)
The zoning district, including nearby boundary lines, and any use or dimensional regulations that apply to the district.
(13)
A key map, at a minimum scale of one inch equals 2,000 feet, showing the relationship of the site to municipal boundaries, hamlets, highways and streets, marshes, wetlands, rivers, lakes and other natural features.
(14)
The existing topography of the site and immediately adjacent property, as revealed by contours or key elevations, together with any proposed regrading of the site. All topography shall be at two-foot contour intervals depicting true elevations above mean sea level based on the United States Geological Survey.
(15)
The location of existing on-site watercourses, marshes, regulated wetlands and buffer areas, areas subject to ponding or flooding, wooded areas, rock outcrops, trees with a diameter of eight inches or more (measured at a point four feet above the ground) and other significant existing features.
(16)
The exact dimensions and location on the lot of all existing and proposed buildings, structures and accessory buildings, together with proposed elevations and floor plans, and the gross and net lot area.
(17)
The location and dimensions of all curb cuts, access drives, parking areas, including spaces for the physically disabled, and loading areas.
(18)
The locations, dimensions and grades of existing and proposed culverts and other stormwater drainage facilities, as well as all other underground and aboveground utilities within and adjacent to the property.
(19)
The location and size of all existing and proposed water mains and building services, sanitary sewer mains and building laterals and storm sewer lines.
(20)
The location and dimensions of existing and proposed signs, including cross sections and descriptions of illumination, if any.
(21)
The location, orientation, power, requirement and duration of use for all existing and proposed outdoor lighting systems, including the location of the maximum candela points from the lighting luminaries.
(22)
Any contemplated public improvements on or adjoining the property.
(23)
Erosion control measures to be put in place during the construction phase and as permanent features. A construction schedule shall be provided to indicate the order that environmental measures and construction activities will be commenced as well as the timing that erosion control devices will be inspected and/or maintained.
(24)
If the site plan indicates phased development, a supplementary plan indicating ultimate development and setting out the phasing lines.
(25)
A landscaping plan detailing the number, location and species of vegetation to be planted on the site. Such plan shall also include appropriate performance criteria, specifying minimum plant sizes and the measures to be taken in the event that the proposed vegetation fails to survive, flourish or otherwise meet said performance criteria.
(26)
Any other information deemed appropriate or necessary by the Planning Board.
G.
Waiver of information requirement. Upon findings by the Planning Board that, due to special conditions peculiar to a site, certain of the information normally required as part of the site plan is inappropriate or unnecessary or that strict compliance with said requirements may cause extraordinary and unnecessary hardships, the Board may vary or waive the provisions of such information, provided that such variance or waiver will not have detrimental effects on the public health, safety or general welfare or have the effect of nullifying the intent of the site plan submission, the Comprehensive Plan or this section.
H.
Environmental review. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617. No application for site plan approval shall be complete until a negative declaration has been filed or until a draft environmental impact statement (EIS) has been accepted by the Planning Board as lead agency with respect to scope, content and adequacy pursuant to 6 NYCRR 617.3(f).
I.
Site plan approval procedures. Upon receipt of a completed application, the Planning Board shall review and approve, approve with modifications or disapprove the site plan. In appropriate cases, the Planning Board may, in its discretion, require a public hearing on the proposed site plan, which hearing shall be held within 62 days from the date the complete application is received by the Board. If a public hearing is held, notice of such hearing shall be prepared, addressed and mailed by first-class mail by the Board Secretary or other employee or officer of the Village who shall complete and file an affidavit of mailing with the Board certifying the date of the mailing and the address to which the notice was sent. All costs associated with the mailing shall be set forth in the Village Fee Schedule, as may be amended from time to time, and shall be borne by the applicant. Said notice is to be mailed to all property owners within 200 feet of the boundaries of the property to be developed according to the proposed site plan not less than 15 days prior to the hearing and notice of same shall also be given by the planning board by publication in the official newspaper of the Village. The Planning Board shall make a decision on the application within 62 days of the close of said public hearing, unless the applicant and the Board mutually consent to the extension of such time. The decision of the Planning Board shall immediately be filed in the office of the Village Clerk and a copy thereof mailed to the applicant.
[Amended 1-15-2019 by L.L. No. 1-2019]
J.
Notice to County Planning Department. Unless otherwise agreed to by the Orange County Planning Department and the Village of Walden, the Planning Board shall refer all site plan applications specified in § 239-m of the General Municipal Law to the County Planning Department for comment before final action is taken thereon. In the event that the Planning Board requires a public hearing on a site plan application, such referral to the County Planning Department shall be made at least 10 days prior to such hearing. Such referral shall be accompanied by a full statement of the matter under consideration as defined in Subdivision 1 of § 239-m of the General Municipal Law.
K.
Effect of site plan approval.
(1)
No building permit shall be issued for any structure or use covered by this section until an approved site plan or approved amendment to any such plan has been secured by the applicant from the approval authority and presented to the Building Inspector. In the event that a site plan is approved with conditions, no building permit shall be issued until any such conditions have been met.
(2)
The Planning Board shall require, as a condition of final approval, that an improvement cost estimate be submitted for all site-plan-related improvements shown on the final site plan and as otherwise required by the Village Code. The cost estimate must be based on current and prevailing wage rates and the cost of materials for the completion of such improvements. Cost estimates should include a statement that the applicant agrees to the improvement cost contained in the statement. The cost estimate shall be reviewed by the Village Engineer; when he is satisfied with the cost estimate, the cost estimate shall be submitted to the Board for its review and acceptance. At such time that a building permit is requested for any improvement on the final site plan, performance security shall be filed with the Village to guarantee the completion of any site improvements. The amount of the performance security shall be based upon the cost estimates submitted to and accepted by the Board for the site plan. The form of the performance security shall be subject to review and approval by the Village Attorney. Upon completion of the improvements covered by the performance security and upon recommendation of the Village Engineer and approval by the Planning Board, the performance security shall be released to the applicant.
L.
Expiration of site plan approval.
(1)
Following the approval of a site plan by the Planning Board, the applicant shall have a period of 180 days from the date of the adoption of the Board resolution approving the plan to satisfy all conditions and to secure the stamp and signature of the Planning Board Chairperson. In the event that the applicant does not satisfy the conditions and secure the stamp and signature within the one-hundred-eighty-day period, except as hereinafter set forth, the approval shall automatically expire. The applicant may apply to the Board for two ninety-day extensions of the original one-hundred-eighty-day period to satisfy all conditions for approval and to secure the stamp and signature of the Planning Board Chairperson. Any application for an extension must be in writing and set forth the basis for the request and must be received by the Planning Board during the time period within which the approval is still valid and in force.
(2)
The applicant shall have not more than 180 days from the date of the Planning Board Chairperson's signature on the site plan to secure a building permit for the construction of improvements on the site. In the event that the applicant fails to secure a building permit within the one-hundred-eighty-day period, the site plan approval shall expire. The applicant may apply, in writing, to the Planning Board for two ninety-day extensions of the original one-hundred-eighty-day period to secure a building permit. The application must include the basis for the request. Any application for an extension must be received by the Planning Board during the time period within which the approval is still valid and in force.
(3)
Any site plan which has received final approval from the Planning Board on or before the effective date of this section of the chapter shall be deemed to have been approved as of the effective date of this amendment to the chapter for all time periods set forth in this section.
M.
Site plan amendments. Any amendments to an approved site plan shall require submission of an application in accordance with the procedures and provisions of this section.
N.
Reservation of parkland on site plans containing residential units. Before the Planning Board may approve a site plan containing residential units, such site plan shall also show, as required by the Board, a park or parks suitably located for playground or other recreational purposes. Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. In the event that the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require payment to the Village of a sum of money in lieu thereof to be established by the Village Board of Trustees. Any moneys so required by the Planning Board shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
O.
Site plan waiver authority.
[Added 3-14-2000 by L.L. No. 1-2000]
(1)
The requirements of Subsection C(5) of this section for site plan approval for changes in use from one of the enumerated permitted uses to another enumerated permitted use may be waived by the Building Inspector, after consultation with the Village Attorney, provided that all of the following conditions exist:
(a)
The prior use obtained a site plan approval and was not otherwise exempt from a complete review by virtue of having been in existence prior to the site plan review requirement.
(b)
The off-street parking requirement of the proposed use is the same or less than that of the prior use.
(c)
The hours of operation of the proposed use are the same or not materially different from the prior use.
(d)
There is no anticipated change in peak traffic hours or volumes from those of the prior use.
(e)
There is no change in the footprint or the location of the structure(s) upon the lot.
(f)
There is no change in the height of the structure(s) upon the lot.
(2)
The Building Inspector shall notify the Planning Board and the Board of Trustees each time such a waiver is granted and shall provide such boards with the name of the applicant, the address or location of the premises affected and the type of use proposed for such premises. Such notice shall be given within 72 hours of the granting of the waiver.
§ 305-61 Townhouse regulations.
[Added 6-12-2007 by L.L. No. 4-2007]
The following standards shall be required for all townhouse developments proposed within the TH Townhouse District.
A.
General requirements.
(1)
Subdivision of individual townhouse unit lots shall be required in accordance with Chapter 260 of the Village Code. Property lines shall run from the front lot line through the center of the common party walls of attached interior units and continue to the rear lot line. Each townhouse lot shall be configured in a manner that allows for separate ownership of the lot and dwelling unit thereon.
(2)
Site plan review. A site plan in accordance with § 305-60 of the Village Code shall be required for any proposed townhouse project.
(3)
A townhouse building must contain at least three attached single-family dwelling units and may not contain more than six townhouse units.
B.
Size of lot and density of development.
(1)
A townhouse lot shall be a minimum of 2,000 square feet.
(2)
The minimum lot width of an affordable townhouse unit shall be 20 feet. For all other units not designated as affordable units, the following minimum widths shall apply:
[Amended 2-14-2012 by L.L. No. 1-2012]
(3)
A minimum of 4,500 square feet of lot area shall be provided per dwelling unit for the proposed townhouse project.
(4)
The maximum percentage of lot coverage for main and accessory buildings shall not exceed 30% of the townhouse project site.
C.
Yard requirements.
(1)
Front yard (units with no garages or garage entrances to the rear). An average front yard setback of 20 feet shall be required for townhouse buildings, but in no case shall the front yard setback for individual units be less than 16 feet between the building wall closest to the street and the nearest edge of the sidewalk facing the townhouse building. [See also § 305-61E(1).]
(2)
Front yard (units with garage facing front yard). An average front yard setback of 25 feet shall be required for townhouse buildings, and a minimum distance of 20 feet shall be provided between the garage door and the nearest edge of the sidewalk facing the townhouse building. [See also § 305-61E(1).]
(3)
Rear yard. Each townhouse unit shall have a minimum rear yard setback of not less than 25 feet.
(4)
Side yards. Each townhouse building shall have two side yards totaling not less than 30 feet, with one side not less than 10 feet.
D.
Minimum floor area per dwelling unit.
E.
Architectural design.
(1)
The front yard setback for individual townhouse units shall be varied so that no more than two abutting units have the same setback in order to break up the mass of the horizontal building wall of the townhouse building.
(2)
Variations in the design and materials of individual townhouse units shall be incorporated into the townhouse building so that no more than two abutting units have the same total facade details or architectural appearance.
(3)
Rooflines of individual units, including such elements as porticos, dormers, etc., shall be varied to provide visual interest to the townhouse building.
(4)
Townhouse units shall be separated by a common party wall that is designed to meet the uniform building code.
(5)
Garages shall be designed so as to use offsets, fenestration, change in building materials and the use of architecturally detailed doors so that the garages do not dominate the building facade.
(6)
Mailboxes shall be placed within a common mailbox building that is complementary to the overall design of the development.
F.
Access, circulation and parking.
(1)
A circulation system shall be designed to provide safe and convenient access to townhouse units and community facilities. The internal circulation system shall be sufficient for vehicular, bicycle and pedestrian movement and must accommodate fire and emergency access needs.
(2)
The minimum road right-of-way for a private road shall be 35 feet, with a paved street width of 24 feet; a six-inch curb on each side; a six-foot grass median between the sidewalk and curb; and a four-foot sidewalk on at least one side of the street. Such sidewalks must be part of a pedestrian circulation system within the proposed townhouse project.
(3)
A minimum of two off-street parking spaces shall be provided for each townhouse unit on each townhouse lot or within common parking areas. An additional 1/2 space per townhouse unit shall be provided within common parking areas for visitors. Developers must prepare construction drawings that show all required parking on the approved plan but may elect to defer full improvement of up to 10% of the required parking when there is some uncertainty as to the parking demand for the proposed development. If demand is needed in the future, the developer must construct the reserved spaces. The Planning Board may approve an area designated for the parking of commercial vehicles used by residents within a supplemental parking area.
(4)
Sidewalks. Sidewalks shall be provided within all townhouse projects that are a minimum of four feet in width in order to provide for the safe movement of pedestrians between townhouse units and to and from all common recreation facilities. Said sidewalks shall be separated from the edge of the road by a six-foot median planting strip that shall be provided for the planting of street trees or grasses.
G.
Landscaping.
(1)
A landscaping plan designed by a professional landscape architect who understands the local climate and growing patterns shall be submitted to the Planning Board for its review and approval. The following minimum standards shall apply:
(a)
Lawns of all townhouse units shall be properly graded and seeded to provide for grass lawns.
(b)
Street trees shall be provided in a quantity that is equivalent to that of spacing the trees 30 feet on center. Such trees shall then be grouped into groves in order to simulate a more natural stand of trees, rather then repetitive rows. Groves of street trees shall be a minimum height of six feet to eight feet with a caliper of 2 1/2 inches at breast height at the time of planting and a dripline diameter of 20 feet to 40 feet at full growth.
(c)
Front lawn trees shall have a height of three feet to four feet with a caliper of 1 1/2 inches at breast height at the time of planting and a dripline diameter of eight feet to 15 feet at full growth. Species shall be consistent with the flowering type.
(d)
Rear and side yard trees should include a mix of deciduous and evergreen trees. Evergreens shall be a minimum height of six feet at the time of planting and be used to provide visual separation (buffer). Deciduous trees shall be four feet to six feet with a two-inch caliper at breast height at the time of planting and a dripline diameter of 15 feet to 30 feet at full growth and shall be located in a manner that provides shade in the summer and sun in the winter.
(e)
Shrubs and ground plantings shall be shown on the landscaping plan.
(2)
Maintenance of landscaping. All landscaping within common areas owned by the townhouse association shall be well-maintained and kept in a healthy condition. When plantings die, they shall be replaced.
H.
Common areas and recreational facilities. Every townhouse project shall provide for common open space and recreational amenities for project residents that are maintained by a not-for-profit townhouse association in accordance with the following standards:
(1)
The minimum lot area for a common recreational facility shall be 20,000 square feet.
(2)
For a townhouse project that includes more than 25 townhouse units, a common recreation clubhouse shall be provided that is at least 2,000 square feet in size. Such structure shall provide off-street parking for each three persons based upon maximum permitted occupancy and shall be maintained by the not-for-profit townhouse association.
I.
Utilities.
(1)
All electric, telephone, and cable shall be located underground within the proposed townhouse project.
(2)
All utility junction boxes shall be contained within a vault that is placed underground in a manner where the top of the vault is flush with the grade of the finished lawn.
(3)
All transformers shall be screened with shrubs on three sides.
J.
Affordable housing.
(1)
Affordable units. At least 10% of the townhouse units shall be affordable. Such units shall be disbursed throughout the townhouse project and shall be indistinguishable from the market rate units in terms of their exterior appearance.
[Amended 10-17-2017 by L.L. No. 9-2017]
(2)
Selection priorities. A family earning between 101% and 120% of the Orange County median family income shall be deemed eligible to apply for an affordable housing unit in the Village of Walden. Priority preference will be given to applicants based upon the following factors:
Current Residency (points) | ||||
|---|---|---|---|---|
Preferences | Village of Walden | Town of Montgomery | Orange County | |
Residents who reside in the Village of Walden for a minimum of 2 consecutive years | 3 | 0 | 0 | |
Volunteer fire department or ambulance corps members with 2 years of consecutive service | 3 | 2 | 1 | |
Municipal employees with 2 years of consecutive employment | 3 | 2 | 1 | |
School district employees with 2 years of consecutive employment | 3 | 2 | 1 | |
Veterans of the U.S. armed services, honorably discharged | 2 | 1 | 0 | |
Health-care workers with a minimum of 2 years of employment | 2 | 1 | 0 | |
Persons 60 years of age or over | 2 | 1 | 0 | |
Person with disabilities | 2 | 1 | 0 | |
(3)
Percentage of affordable units by income range. Twenty-five percent of the required number of affordable housing units within a townhouse project shall be made available to households in each of the following income ranges that are based upon the Orange County median family income:
Income Ranges | |
|---|---|
101% to 105% | |
106% to 110% | |
111% to 115% | |
116% to 120% |
(4)
Occupancy requirements. All affordable housing units shall be the primary residence of their owners. Owners may not rent their unit or any portion thereof to others.
(5)
Initial sale and resale of affordable housing units.
(a)
Calculation of initial sales price. Maximum sale price shall be set by resolution of the Village Board and amended from time to time after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The initial sales price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, townhouse association common charges and private mortgage insurance (PMI) shall not exceed 32% of the Orange County median family income allowed for such unit for a family of four.
(b)
Resale of affordable housing units. Affordable housing units shall only be sold to eligible income households. The owner of an affordable unit shall notify the Village Board of his/her intent to sell prior so that persons on the Village affordable housing waiting list can be contacted to advise them of their eligibility to purchase the affordable housing unit. The maximum base resale price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, townhouse association common charges and private mortgage insurance (PMI) shall not exceed 32% of the Orange County median family income allowed for such unit for a family of four.
(c)
Maintenance and upkeep. The exterior of all affordable units within a townhouse development shall be maintained at the original builder's specifications.
(d)
Tax assessment. The assessor shall consider the limited increase in the resale value of an affordable housing unit when determining the appropriate assessment on such units.
(e)
Deed restrictions. The original deed and any subsequent deeds or instruments used to transfer title to an affordable housing unit shall include a provision indicating that the unit is an affordable housing unit subject to restrictions on occupancy and resale. Evidence of the inclusion of such restrictions on the filed subdivision map shall be made prior to issuing a certificate of occupancy for any unit in the subdivision. The following language shall be recorded in the deed: "This dwelling unit has been constructed for use by moderate-income families pursuant to a special housing program established by the Village of Walden and must be the principal dwelling of the homeowner. All future sales or resale of this dwelling unit must be to a person who is determined to be eligible pursuant to the income limitations set forth by the Village Board and at a price determined to be in accordance with the Village's affordable housing program."
(f)
Transfer of affordable housing units through estate. There shall be no restriction to the right to inherit an affordable housing unit; however, any subsequent resale of the unit must be to an eligible person.
(g)
Administration. The Village Board shall oversee the administration of the affordable housing program.
[1]
The Village Board shall set annual income limits and resale values.
[2]
The Village Manager and/or Affordable Housing Committee appointed by the Village Board shall accept and review applications for affordable housing units. Applications shall be scored and ranked with an eligibility list maintained on file.
[3]
A lottery procedure to select applicants that have equal priority points shall be created, when needed.
[4]
The Village Manager or designee shall maintain a list of all affordable units in the Village.
[5]
The Village Manager or designee shall review all deed restrictions for affordable housing units to ensure compliance with this section.
[6]
The Village Manager or designee shall prepare an annual report to the Village Board on the status of its affordable housing units.
(h)
Fees. To offset the cost of administering the affordable housing program, the following shall apply:
[1]
The developer shall pay 1/4 of 1% of the sale price of the affordable housing unit.
[2]
On resale, the homeowner shall pay 1/4 of 1% of the sales price of the affordable housing unit.
[3]
Each owner of an affordable housing unit shall provide proof of residency in a form acceptable to the Village Attorney.
§ 305-62 Existing building permits.
A.
Nothing in this chapter shall require any change in the plans, construction or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this chapter or any amendment thereto affecting such building or structure or the use thereof, provided that:
(1)
The construction of such building or structure shall have been begun and diligently prosecuted within three months from the date of such permit.
(2)
The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within one year from the effective date of the chapter or any such amendment thereof.
§ 305-63 Certificates of occupancy.
A.
It shall be unlawful to use or to permit the use of any building, structure, premises, lot or land or part thereof hereafter erected or altered, enlarged or moved or put into use, in whole or in part, after the effective date of this chapter, or any building, structure, premises, lot or land or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner as provided under the Building Code.[1]
B.
No certificate of occupancy shall be issued for any building, structure, premises, lot or land unless erection, construction, reconstruction, structural alteration, restoration, repair or moving of any building or structure or part thereof and the intended use thereof are in conformity in all respects with the provisions of this chapter.
§ 305-64 Fees.
[Amended 4-22-1986 by L.L. No. 5-1986]
Fees for building permit applications and for issuance of building permits and certificates of occupancy shall be determined by the Board of Trustees.
§ 305-65 Violations, penalties for offenses and remedies.
A.
Where a violation of this chapter is determined to exist, the Building Inspector shall serve notice either by certified mail or personally on the owner, agent or contractor of a building, structure or lot where such violation has been committed or shall exist, and on the lessee or tenant of a part of or of an entire building, structure or lot where such violation has been committed or shall exist, and on the agent, architect, engineer, contractor or any other such person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist. Failure to serve any of the persons specified shall not invalidate the proceedings commenced against those served notice.
B.
Such notice shall require the removal of the violation within 10 days after service of the notice.
C.
In cases where the removal of the violation within 10 days would be manifestly impossible, the Building Inspector shall apply to the governing body of the municipality for a determination as to a reasonable period of time within which the violation shall be removed.
D.
If those persons notified shall fail to remove such violation within the allotted time period, the Building Inspector shall charge them with such violation of this chapter before the appropriate court of law.
E.
Persons found guilty of such violation shall be subject to a fine not exceeding $1,000 or to imprisonment for not more than 15 days, or both, for each violation. Each and every week such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation.
[Amended 12-14-1982 by L.L. No. 6-1982; 5-28-1996 by L.L. No. 3-1996]
F.
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate such violation, or to prevent the occupancy of such building, structure or lot, or to prevent any illegal act, conduct, business or use in or about such premises.
G.
Notwithstanding the provisions of Subsection B of this section, nothing shall preclude the Building Inspector from requiring the removal of a violation immediately upon service of the notice, where the violation involves the use or occupancy of a building or structure in contravention of the site plan, special exception use permit, variance, building permit or certificate of occupancy provisions of this chapter.
[Added 5-28-1996 by L.L. No. 3-1996]