The Village of Ossining is deeply concerned that there are insufficient opportunities for individuals and families of modest income to purchase or rent dwelling units in the Village. In order to enhance the public welfare and to promote the well-being of the Village's current and future residents, the Board believes that it is essential that new or substantially rehabilitated residential and mixed-use developments involving the construction or substantial rehabilitation of six or more new dwelling units be required to include 10% of the dwelling units aimed at individuals and families of 80% or less of the Westchester County median income as determined by Housing and Urban Development (HUD) annually in rental or purchase housing or, in the alternative, be required to make payments to an affordable housing fund to assist in the development of housing opportunities for individuals and families of those economic means.
As used in this chapter, the following terms shall have the meanings indicated:
ADDITONAL DENSITY BONUS
The unit count of additional density permitted in a residential development which shall equal 5% of the maximum market rate unit count in such residential development deemed appropriate by the Planning Board that proposes to include 10% low-income housing units, for a total of 15% additional density.
AFFORDABLE HOUSING RULES AND REGULATIONS
Document promulgated, adopted and as amended from time to time by the Village Board that outlines the procedures of the Village of Ossining affordable housing program.
AFFORDABLE HOUSING UNITS
Affordable units created pursuant to the set-aside requirement of 10% shall be marketed to households which meet the criteria of 80% or less of the Westchester County median income as determined by HUD annually and whose combined annual rental cost and tenant-paid utilities do not exceed 30% of said income, or for homeowners (single-family, residential condominium or residential cooperative apartment), the annual total of the sum of secured loan principal and interest, private mortgage insurance, property taxes, home insurance, common charges and homeowner-paid utilities does not exceed 30% of said household income.
DENSITY BONUS
The unit count of additional density permitted in a residential development, which shall equal 10% of the maximum market rate unit count in such residential development which proposes to include 10% affordable housing units.
LOW INCOME
Annual household income which does not exceed 60% of the Westchester County median income as determined by HUD annually and whose combined annual rental cost and tenant-paid utilities do not exceed 30% of said income, or for homeowners (single-family, residential condominium or residential cooperative apartment), the annual total of the sum of secured loan principal and interest, private mortgage insurance, property taxes, home insurance, common charges and homeowner-paid utilities does not exceed 30% of said household income.
MARKET RATE
Dwelling units in single-family, residential condominium and residential cooperative apartment buildings which are purchased or rented for residency by the owner thereof at market rate purchase prices, without governmental or other subsidy to such owner.
MEDIAN INCOME
Annual household income which does not exceed 100% of the Westchester County median annual income for its household size (based on U.S. Census and as updated by HUD).
PURCHASE HOUSING
Dwelling units in single-family, residential condominium and residential cooperative apartment buildings which are purchased for residency by the owner thereof.
RENTAL HOUSING
Dwelling units in single-family, two-family, multifamily, residential condominium and residential cooperative apartment buildings which are rented for residency by the tenant thereof.
RESIDENTIAL DEVELOPMENT
A residential or mixed-use development involving the construction of six or more new dwelling units, including subdivisions.
RESIDENTIAL DEVELOPMENT APPLICATION
An application for final subdivision, site plan or special permit approval which proposes the construction of six or more new dwelling units in the Village.
SUBSTANTIAL REHABILITATION
Any building that is reconstructed or restored or structurally altered, the cost of same equals or exceeds 50% of its assessed value.
A. 
Each residential development application which proposes the construction or substantial rehabilitation of six or more dwelling units of rental housing shall provide a set-aside of 10% affordable housing units, rounded up to the nearest whole number.
B. 
Affordable housing units shall:
(1) 
Be generally distributed throughout the rental housing;
(2) 
Not be distinguished as a class from the Market-Rate rental housing;
(3) 
Be distributed among one-, two- and three-bedroom units, etc., in the same proportion as the dwelling units in the market-rate rental housing; and
(4) 
Each have a floor area of not less than 80% of the average floor area of the dwelling units in the market-rate rental housing.
C. 
Affordable housing units shall only be rerented to individuals or families who qualify for such affordable housing at the time of such rerental, and the rent for such rerental shall not exceed the rent as described in the restrictive covenant.
D. 
In lieu of providing all or a part of on-site affordable housing units in the rental housing as provided herein, the residential development application 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 affordable housing units at another location in the Village or contribute to the affordable housing fund buyout fee. Amounts of such buyout fee and uses for same will be as determined by the Village Board and shall be set forth in the affordable housing rules and reguslations.
E. 
Density bonus and additional density bonus.
(1) 
Those residential developments that will contain affordable housing units in the rental housing pursuant to this section shall qualify for increased density, permitting the maximum unit count of the rental housing in the residential development, as permitted under its zoning district, to be adjusted as follows:
(a) 
For rental housing in which at least 10% of the market-rate unit count, rounded up to the nearest whole number, is devoted to affordable housing units, applicants may have a density bonus of a unit count which equals the number of units of affordable housing being proposed and agreed upon by the Planning Board.
(b) 
For rental housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to low-income housing units, applicants may have an additional density bonus of a unit count which equals 5% of the market-rate residential units being proposed and agreed upon by the Planning Board, rounded up to the nearest whole number. If the applicant is proposing the inclusion of low-income housing units, those units shall follow the general requirements as set forth in this section for affordable housing units.
(2) 
The addition of density bonus or additional density bonus unit count to a residential development involved in a subdivision of single- or two-family dwellings shall not be permitted to increase the height or lot coverage as defined in Appendix B of Chapter 270, Zoning, beyond that permitted in such district.
F. 
Each residential development application for rental housing containing affordable housing units and low-income housing units shall include a draft declaration of restrictive covenants in recordable form acceptable to the Corporation Counsel of the Village 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 affordable housing rules and reguslations.
A. 
Each residential development application which proposes the construction or substantial rehabilitation of six or more dwelling units of purchase housing shall provide a set aside of 10% affordable housing units rounded up to the nearest whole number.
B. 
Affordable housing units shall:
(1) 
Be generally distributed throughout the purchase housing;
(2) 
Not be distinguished as a class from the market-rate purchase housing;
(3) 
Be distributed among one-, two- and three-bedroom units, etc., in the same proportion as the dwelling units in the market-rate purchase housing; and
(4) 
Each have a floor area of not less than 80% of the average floor area of the dwelling units in the market-rate purchase housing.
C. 
Affordable housing units shall only be resold to individuals or families who qualify for such affordable housing at the time of such resale, and the purchase price for such resale shall not exceed the purchase price as described in the restrictive covenant.
D. 
In lieu of providing all or a part of on-site affordable housing units in the purchase housing as provided herein, the residential development application 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 affordable housing units at another location in the Village or contribute to the affordable housing fund buyout fee. Amounts of such buyout fee, and uses for same, will be as determined by the Village and shall be set forth in the affordable housing rules and reguslations.
E. 
Density bonus and additional density bonus.
(1) 
Those residential developments that will contain affordable housing units in the purchase housing pursuant to this section shall qualify for increased density, permitting the maximum unit count of the purchase housing in the residential development, as permitted under its zoning district, to be adjusted as follows:
(a) 
For purchase housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to affordable housing units, applicants may have a density bonus of a unit count which equals the number of units of affordable housing being proposed.
(b) 
For purchase housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to low-income housing units, applicants may have an additional density bonus of a unit count which equals 5% of the market-rate residential units being proposed, rounded up to the nearest whole number. If the applicant is proposing the inclusion of low-income units, those units must follow the general requirements as set forth in this section for affordable housing units.
(2) 
The addition of density bonus or additional density bonus unit count to a residential development involved in a subdivision of single- or two-family dwellings shall not be permitted to increase the height or lot coverage as defined in Appendix B of Chapter 270, Zoning, beyond that permitted in such district. However, in the case of a subdivision which as a result of the applied density bonus or additional density bonus which results in lot configurations less than the minimum square footage or required setbacks, variances for some shall not be required, provided that the Planning Board deems the proposed subdivision not to adversely affect the character of the surrounding neighborhood.
F. 
Each residential development application for purchase housing containing affordable housing units and low-income housing units shall include a draft declaration of restrictive covenants in recordable form, acceptable to the Corporation Counsel of the Village of Ossining 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 affordable housing rules and reguslations.