Village of Tarrytown, NY Article XV Compatible Use Permits

§ 305-119 General provisions.

A. The compatible uses, defined as compatible use permit uses and listed in § 305-11 in the schedule controlling land and buildings, Column 2,[1] for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts as noted in the schedule, subject to the satisfaction of the requirements and standards set forth herein, in addition to compliance with all other requirements and provisions of this chapter. Notwithstanding other provisions of this chapter to the contrary, all such uses are declared to possess characteristics of such unique and special form and impact that each specific use shall be considered as an individual case and shall meet the additional requirements of this section and the particular compatible use permit use standards which follow. Because of their special and unique characteristics, each compatible use permit use must be stringently proved, to the satisfaction of the Board of Trustees and to the Planning Board as noted herein, to be both compatible and beneficial to the neighborhood within which it is proposed to be located and to the zoning district, as well as to the Village in general.

[1] Editor's Note: The schedule is included at the end of this chapter.

B. Application for a required compatible use permit shall be made to the Board of Trustees through the Village Clerk and shall be accompanied by an application to the Code Enforcement Officer for the necessary building permit or certificate of occupancy, as the case may be. Each such application shall be simultaneously referred to the Planning Board for a report, which report shall advise the Village Board of the Planning Board's findings regarding compliance with the provisions of this Article XV and shall set forth its recommendations and decision recommending approval, approval with conditions or denial of the issuance of a compatible use permit, which report shall be rendered prior to the date of public hearing on the application. All applications made to the Board of Trustees shall be in writing, on forms prescribed by the Board. Each application shall specify the provisions of this chapter involved, the full circumstances or conditions involved, a clear written statement of benefits, such as but not limited to open space preservation, affordable housing, preservation of historic or significant structures and places, reduction of traffic and/or other congestion as well as other benefits which the applicant may specifically propose as being in accordance with this Article XV. All applications shall also include the rulings sought from the Board and the use for which a permit is sought and the full details thereof.

C. A plan for the proposed development of a site for a permitted compatible use permit use shall be submitted with an application for a compatible use permit. The plan shall comply with the requirements of § 305-122.

D. The Board of Trustees shall hold a public hearing on every application made to it for a compatible use permit as required in § 305-123.

E. After the public hearing, the Board of Trustees may grant a permit for any compatible use permit use listed in this chapter, provided that such compatible use permit use complies with the general standards herein set forth and the special standards enumerated as applicable to the particular compatible use permit use.

F. The Board of Trustees shall render its decision by resolution, with the vote thereon recorded in the minutes of the Board of Trustees, which minutes shall fully set forth the circumstances of the case and the findings on which the Board's decision is based. A certified copy of each such resolution shall be filed within 10 days after adoption thereof in the office of the Village Clerk and Code Enforcement Officer, together with all documents pertaining thereto.

§ 305-120 General standards for review.

In reaching its decision to approve, approve with conditions or deny the issuance of a compatible use permit, the Board of Trustees shall be guided by but not limited to the following general standards in addition to the purposes and objectives set forth in Article I of this chapter:

A. The location and size of the use, the nature and intensity of the operations and traffic involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to the type, arrangement and capacity of streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

B. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

C. Operations in connection with any compatible use permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights than would be the operations of any permitted use not requiring a compatible use permit.

D. Parking areas will be of adequate size for the particular use, properly located and suitably screened from the adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

E. Operations in connection with any compatible use permit use will not be more objectionable to nearby properties by reason of obnoxious odors, noxious fumes and emissions into the environment than would be the operations of any permitted use not requiring a compatible use permit.

F. The nature, location and intensity or concentration of the use, the nature and intensity or concentration of the operations, the size of the site in relation thereto and the location of the site in relation thereto are such that there is not a materially adverse effect upon the density of the Village as a whole or the district in which it is located or upon the overall tax base of the Village and its ability to furnish required municipal services.

G. Each compatible permit use shall be harmonious with the district in which its location is sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display of signs, noise, fumes or lights that will hinder normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.

H. In the WD and WGBD Districts, if a compatible use permit use which is not waterfront-dependent is proposed for development on a lot having shoreline frontage, the use shall be allowed whenever the owner provides for a waterfront esplanade along the shoreline as defined in § 305-125B(2)(b) and appropriate measures are taken to mitigate to the greatest extent possible against destruction of natural features of the site and pollution of surface waters.

I. In the WD and WGBD Districts, the land shall be developed in such a way as to maximize public views to the Hudson River, provide view opportunities at the river's edge and make view corridors available from public streets and public places across the property. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. Section 305-135R regarding site plan approval shall apply to any application for the erection of a building or structure in the WGBD or WD District.

J. Massing of riverfront buildings in the WGBD and WD Districts. To avoid monotony and provide better physical and visual access to the river, riverfront facades of properties with direct frontage on the Hudson River should not exceed 300 feet in length. When the riverfront facade exceeds 300 feet in length, an opening of at least 50 feet shall be provided to provide a view corridor to the river. This access is to be open to the sky.

§ 305-121 General conditions and safeguards.

Upon finding that such general provisions enumerated in § 305-119, such general standards enumerated in § 305-120 and any special or additional standards provided by § 305-126 of this chapter have been fully met, the Board of Trustees may grant such compatible use permit and in doing so may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of Article XV, and shall be imposed for the purpose of minimizing any adverse impact the granting of such a compatible use permit may have on the neighborhood or community. In addition:

A. The Board of Trustees may deny any application for a compatible use permit which, in its judgment, is not in accordance with said general or individual special standards.

B. The Board of Trustees may require, as a condition of the granting of any compatible use permit, that it shall be periodically renewed, or said Board may grant a temporary compatible use permit, subject to adequate guaranties that the use covered will be terminated at the end of the period specified or such extension thereof as may be granted by said Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original granting of the compatible use permit involved and to conformity with the aforesaid general and special standards.

C. No permit shall be issued for a compatible use permit use for a property upon which there is an existing local law violation.

D. Notwithstanding any general or specific requirements herein to the contrary, each compatible use permit review shall comply with the procedures outlined in the Village's new Environmental Quality Review Act. (See Chapter 147, Article I, Environmental Quality Review Actions.)

E. No permit shall be issued for a compatible use permit use where the proposed land use or development intensity or density or coverage would exceed that for which the property is currently zoned.

F. No permit shall be issued for a compatible use permit use which does not comply with the provisions and requirements of § 305-47B, Obstructions in yards, of this chapter.

G. No compatible use permit shall be approved which proposes an increase in total land coverage of structures, roads, parking or other form of paving or impervious material beyond that maximum permitted for any principal use permitted within the district within which the compatible permit use under review is to be located.

H. Historic districts and landmarks. The following apply to any site proposed, in whole or in part, for a compatible use permit use which contains a structure or place certified by the Village Board of Trustees as being within an historic district or which is designated by said Board of Trustees as an historic landmark pursuant to Chapter 191, Historic Districts and Landmarks.

(1) Where any such site is located in an OB or MU District and the historic landmark is the principal structure on the site, the historic quality of the principal building or structure is particularly adapted to the proposed principal use, and the applicant can demonstrate to the satisfaction of the Board of Trustees that an attempt had been made for at least six months to lease and/or sell the property for a use permitted in the specific zone in which the property is located without success, then the following provisions shall apply:

(a) Any use permitted as a compatible use permit use in any LB District or combination thereof may also be permitted as an adaptive reuse of an historic building or structure in an OB or MU Zone, together with any accessory uses permitted in the district in which the proposed use is located, notwithstanding the compatible use permit uses listed in § 305-11 and in the schedule controlling land and buildings, Column 2.[1]

[1] Editor's Note: The schedule is included at the end of this chapter.

(b) Any use permitted by this subsection that was not previously permitted in any OB Zone prior to enactment of Subsection H(1)(a) shall be subject to the requirements applicable to the specific use in the Village of Tarrytown Zoning Schedule, LB District, contained in the zoning schedule portion of the Village of Tarrytown Code.[2]

[2] Editor's Note: The schedule is included at the end of this chapter.

(2) All other such sites proposed, in whole or in part, for a compatible use permit use shall meet the following standards and criteria, in addition to all standards and criteria in this chapter:

(a) The applicant shall first obtain a certificate of appropriateness pursuant to § 191-3B of said Chapter 191, Historic Districts and Landmarks.[3]

[3] Editor's Note: See also Ch. 9, Architectural Review Board, § 9-6B, Certificates of appropriateness.

(b) As a minimum, an open space area surrounding any structure or place for which a certificate of appropriateness has been issued or, in the opinion of the Planning Board, is reasonably qualified for such issuance of a certificate of appropriateness shall be designated on the site plan and shall not be further encroached upon by proposed land use or development at any point closer than the maximum height of the existing historic building or the maximum height of the nearest adjacent structure, whichever is the greater height, all as determined to be applicable by the Planning Board in accordance with the provisions of this Article XV.

(c) In its deliberations on site plans and subdivisions which contain existing or possible historic buildings or structures, the Planning Board shall first determine whether such buildings or structures may qualify for historic designation and, if such is a possibility, shall ensure that the above provisions of Subsection H(2), ensuring adequate open space adjacent to such structure or building, have been complied with to the extent deemed appropriate by the Planning Board. After such action has been taken, the Planning Board may continue its review of the particular site plan or subdivision in question.

§ 305-122 Plan required; contents.

A plan for the proposed development of a site for a permitted compatible use permit use shall be submitted with an application for a compatible use permit. The plan shall be drawn to some convenient scale and shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties as may be necessary to determine and provide for the enforcement of this chapter. The required plan shall include a proposed site plan for at least one permitted principal use and related accessory or incidental uses permitted in the district and shall be drawn to the same level of detail as the proposed compatible use permit use site plan. The Planning Board shall make a determination as to the adequacy of both plans for comparison purposes and the adequacy of both plans to conceptually indicate both uses and to allow the Planning Board to critically evaluate the possible benefit of the proposed compatible use permit use in its report to the Board of Trustees.

§ 305-123 Public hearing.

The Board of Trustees shall hold a public hearing on every application made to it for a compatible use permit, upon public notice published in the official newspaper designated for that purpose at least 10 days before the date of such hearing and upon such other notice as it, by regulation, may require. The cost of notice or notices shall be borne by the applicant.

A. All applicants, at least 10 days prior to the public hearing, shall send written notice by certified mail, return receipt requested, to all owners within 100 feet of the property and to any other such persons as the applicable board may deem necessary, all at the expense of the applicant. Property owners entitled to notice shall be those listed as owners on the record in the Village of Tarrytown Tax Assessor's office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished prior to the public hearing.

B. Any person making an application is further required to erect a sign facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Building Inspector. Signs are to be displayed for a period of not less than 10 days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line and shall not be less than two feet nor more than six feet above the grade at the property line. Said sign shall be affixed to a suitable frame which will assure visibility from the street at all times.

C. At the commencement of the public hearing, the applicant is required to file an affidavit which states that the aforementioned public notice requirements have been complied with.

(1) The affidavit shall provide the name of the applicant and the location of the property and must state the following:

(a) That he/she has read and is fully familiar with the requirements with § 305-111 of the Tarrytown Zoning Code and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the code and has caused a sign which complies with requirements of the applicable section of the aforesaid Zoning Code to be prominently displayed on the subject property in the required manner, giving notice to the public of the pending application, the date, time and place of the public hearing.

(b) That the sign has been continually displayed on the property for a period of 10 days immediately preceding the public hearing date.

(c) That he/she makes this affidavit knowing that it shall be relied upon by the appropriate officials as proof of compliance with the requirements of the Zoning Code of the Village of Tarrytown.

(2) The applicable board shall not proceed with the applicant's hearing unless the aforementioned affidavit has been filed.

§ 305-124 Expiration of approval.

A compatible use permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than 12 months for any reason.

§ 305-125 Development incentives for properties with direct frontage on Hudson River in WGBD and WD Districts.

A. Purpose. It is recognized that the waterfront encompasses a unique resource within the Village of Tarrytown, containing both a significant opportunity for the achievement of public amenities and a major potential for water-related development. The Village Board of Trustees has determined that, due to their riverfront location, properties within the WGBD and WD Districts encompass a significant portion of the waterfront redevelopment potential and present an opportunity to achieve the public purposes of this chapter. To provide an incentive which will further encourage the most appropriate use and development of the Village's waterfront in a manner designed to achieve adopted planning objectives and to further the policies and purposes of the Tarrytown Local Waterfront Revitalization Program, the Village Board of Trustees may allow, by application for a compatible use permit and following a public hearing held on notice duly given in the same manner as required by law for zoning amendments, an increase in zoning density and/or building height, as set forth below. An advisory report from the Planning Board shall be provided to the Village Board of Trustees for its consideration prior to the approval or rejection of any application. Any such approval shall be in a form acceptable to the Village Attorney.

B. Public benefit features.

(1) The specific public benefit features for which incentive bulk increases may be granted include the provision of funds or services, toward the following objectives. The specific public benefit feature for which an incentive density increase is being sought must be on, adjacent to or near the project site. Further, the Village Board of Trustees shall make the decision as to whether to accept any particular incentive feature being proposed and shall have the authority to impose any and all conditions on the acceptance of the incentive feature as deemed appropriate and in the best interest of the Village of Tarrytown.

(2) The public benefit features for which incentive density increases may be granted in a WGBD or WD District are set forth below:

(a) Public dock. A public dock usable as a fishing pier or as dockage for passenger ferries, educational vessels and tour boats may be constructed by the applicant. The site of such facility shall be in the vicinity of West Main Street or other site deemed appropriate by the Board of Trustees. The public dock shall include vehicular and pedestrian routes to and from the facility, landscaped areas and parking spaces sufficient to serve such facility. In performing such work, the pile of concrete at the end of the cul-de-sac at the foot of the Main Street shall be removed. After completion, the dock shall be dedicated at no cost to the Village.

(b) Waterfront esplanade.

[1] A public esplanade, designed to accommodate a pedestrian walkway or pathway having a width of at least 20 feet along the length of and abutting the Hudson River shoreline, may be constructed by the applicant. The esplanade may include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities.

[2] On or before the approval date of the density increase, there shall be dedicated to the Village, at no cost, a perpetual surface easement, duly executed and in a proper form for recording in the Westchester County Clerk's office, Land Records Division, and in a form satisfactory to the Village Attorney, for the purpose of assuring public access to and public use and enjoyment of the waterfront esplanade in its entirety. In such instrument, the owner of the subject property, its successors or assigns shall assume responsibility for maintenance and repair of the waterfront esplanade. The easement shall also require the connection of the waterfront esplanade area and any esplanade improvements thereon to any similar abutting easement area and improvements thereon, then exhibiting or subsequently created in any abutting property in the WGBD or WD District. The terms of such easement and detailed conditions of such dedication shall be subject to approval by the Village Board of Trustees.

(c) Improvements at Losee and Pierson Parks. Improvements and/or repairs may be made by the applicant at either of the parks, as specified by the Village Board of Trustees, at no cost to the Village. Installation of bulkheads and support piling along the entire Hudson River waterfront of the park may be made by the applicant. Improvements may also be made to any other Village waterfront parks, as specified by the Village Board of Trustees, at no cost to the Village.

(d) Construction of a pedestrian bridge to the small beach at the foot of Paulding Avenue and Van Wart Street, at no cost to the Village.

(e) Upgrades to the railroad station and surrounding area (Depot Plaza) by establishing flower and shrub plantings to improve the attractiveness of the area, at no cost to the Village.

(f) Upgrades to West Main Street by creating a public avenue which would terminate at the river, at no cost to the Village; provision of plantings in the public right-of-way to screen the industrial sites, at no cost to the Village.

(g) Provision of improvements in the area west of the Metro North Railroad tracks, including public boat launches, streetlighting, plantings and reconstruction, which are not otherwise within the Village's authority to require by law, at no cost to the Village.

(h) Acquisition, creation and/or development of a Waterfront Gateway Area in order to recreate the historic link between Tarrytown and its waterfront, together with construction of a pedestrian accessway between the riverfront and the downtown commercial district, at no cost to the Village.

(i) Building of sidewalks to link the pier, Main Street, the Promenade, Losee Park, Pierson Park and any other riverfront park created by the Village. Any such upgrades shall be at no cost to the Village.

(j) Hudson River Ecosystem Museum and Environment Center. Proposals will be considered to establish a Hudson River Ecosystem Museum and Environment Center in an addition constructed at the Recreation Department office at Pierson Park or at another waterfront location, at no cost to the Village.

(k) Small bridge and parking along parking lot and road along marina. Provide a path along the edge of the marina and returning to the river edge along the present site of the Fire Training Center and Losee Park; the path should return inland between the railroad and Washington Irving Boat Club.

(l) Riverfront trust fund. In lieu of a specific public benefit improvement, funds based on the value of the development incentive bonus granted may be provided to a riverfront trust fund to be administered by the Village of Tarrytown. This trust fund shall be restricted to the use of such funds only for the specific purposes listed in Subsection B(2)(a) through (k) above, or for other Village waterfront, park or recreation purposes.

(m) Any other amenity which the Village Board determines will promote the use of the riverfront for public water-related recreational uses.

C. Performance guaranty for improvements.

(1) On or before the approval of the incentive bulk increase, the owner of the subject property shall deliver to the Village an instrument, duly executed and in a proper form for recording in the Westchester County Clerk's office, Lands Records Division, and in a form satisfactory to the Village Attorney, granting to the Village the right to perform and complete the construction, maintenance and/or repair work undertaken pursuant to Subsection B above in the event that the owner, its successors or assigns fail to construct or complete such work within the time set forth in the instrument or, if no time is set forth, within a reasonable time, and to recover its costs for such work from the owner, its successors or assigns.

(2) At the time of dedication, the Village may require the owner to provide bonds, letters of credit or other security for the performance of the foregoing obligations.

D. Development incentives. In order to encourage development which promotes the purposes of the WGBD and WD Districts,[1] the following exceptions to the bulk requirements or additional uses for these zoning districts may be permitted by the Village Board. One or more such exceptions or additional uses may be granted for each property for each of the following categories, depending upon the nature and extent of the public benefits to be provided:

(1) Amount of increase.

(a) Building coverage. Building coverage, excluding any parking structures, may be increased by an aggregate amount of not more than an additional 20% above the base building coverage of 35%, for a total maximum building coverage of 55%, for the provision of those public benefits described in Subsection B above.

(b) Building and structural height. Building height may be increased to four stories, but not more than 45 feet, for provision of public benefits described in Subsection B above, provided that the proposed development maximizes public views to the Hudson River, provides view opportunities at the river's edge and makes view corridors available from public streets and places across the property. Site layout and design shall also consider the importance of views of the Village from the Hudson River.

(c) Building width. Building width may be increased to a maximum of 60% of the width of a parcel for provision of public benefits described in Subsection B above, provided that the proposed development maximizes public views to the Hudson River, provides view opportunities at the river's edge, and makes view corridors available from public streets and places across the property. Site layout and design shall also consider the importance of views of the Village from the Hudson River.

(d) Lot width, lot depth, lot frontage, front yard setback, rear yard setback and side yard setback. The lot width, lot depth, lot frontage, front yard setback, rear yard setback or side yard setback (but not shoreline setback) requirements applicable to a lot may be reduced by up to 20% for provision of public benefits described in Subsection B above.

(2) Additional uses. Subject to review and issuance of a compatible use permit pursuant to Article XV, the following existing industrial uses may be expanded on a lot or onto an adjoining parcel, provided that the use shall be so operated as to conform to §§ 305-42 and 305-43:

(a) Light manufacturing, assembling, converting, finishing or other processing of products which require a waterfront location for the transport of the products by ship.

(b) Motor fuel and oil storage and distribution, including retail gasoline filling stations.

(c) Electrical small parts manufacturing.

(3) General criteria for development incentives. In determining the specific amount of incentive bulk or additional use bonus that may be granted, the Village Board of Trustees shall take into account the following conditions and standards:

(a) The number, extent and combination of public benefit features to be provided.

(b) The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted. The cost of the improvements need not equal the value of the benefits granted.

(c) The need for the provision of such public benefits by the applicant, at the time, and the relative merits of the alternative means of obtaining such benefits then available to the Village.

(d) The degree of compatibility of such public benefit features with other goals.

(e) The quality and variety of design of the proposed public benefit features.

(f) The amount of incentive bulk increase necessary to more than offset the cost of providing the public benefit features, thereby creating the incentive for providing such features.

(g) No incentive bulk increase will be granted for the construction of any improvement which would otherwise be required by law.

(h) In addition to the foregoing guidelines, the Planning Board and the Village Board of Trustees may take into account other considerations bearing upon the purposes and objectives of any incentive bulk increase.

(i) For projects providing significant infrastructure improvements or major amenities, as described in the foregoing guidelines, the Village may enter into creative financing arrangements with project sponsors.

[1] Editor's Note: See Art. IX, Special Waterfront Zones.

§ 305-126 Individual standards.

A compatible use permit use shall conform in all respects to the regulations of this chapter, particularly those regulations in the schedule of regulations[1] for the zoning district in which the compatible use permit use is located and the general provisions of Article XVI, except that the regulations in the following sections shall apply when they are more restrictive. In no case shall the intensity of land use in any compatible use permit use be greater than the maximum intensity of land use for any use permitted in the district in which the compatible use permit use is located, as measured by any or all of the parameters or standards in the schedule of regulations.

[1] Editor's Note: The schedule is included at the end of this chapter.

§ 305-127 Institutional housing.

A. Declaration of policy. The Board of Trustees finds that all areas of the Village now zoned residential should be stabilized at currently legislated densities in accordance with existing residential land use recommendations which are hereby accepted and approved. It further finds that socioeconomic and demographic phenomena, conditions and changes are such that it is appropriate for the Village of Tarrytown to accommodate certain institutionally related housing designed and constructed to care for and accommodate the aged and the mentally and physically infirm. Such institutional housing facilities shall be limited to the following housing types, each as defined in § 305-5: assisted-living facilities, congregate housing, adult homes and group homes.

B. Standards and requirements. Notwithstanding other provisions of this chapter to the contrary and in addition to the general provisions for compatible use permits as set forth in Article XV, the following standards and conditions shall be required:

(1) State authorization: The particular institutional housing unit shall be operated or sponsored by a public social service agency or nonprofit agency authorized by the New York State Department of Social Services.

(2) Density: Dwelling unit density shall not exceed one bedroom accommodating a maximum of three persons per lot area equal to the minimum lot size of the particular district within which the institutional housing is located.

(3) Maximum occupancy: The maximum number of individuals housed in a particular institutional housing building shall not exceed nine persons, exclusive of employees.

(4) Facility locational density: No more than one institutional house of any type shall be permitted in any circular area having a radius of 1/2 mile within the Village as measured from the property line of the particular institution(s).

(5) Off-street parking shall be provided at a ratio of one parking space per defined bedroom.

(6) Setbacks of buildings, uses and activities and screening shall be established as considered appropriate by the Planning Board.

(7) The design of the facility shall be architecturally compatible with the surrounding neighborhood, as determined by the Planning Board.

(8) Site plan approval by the Planning Board shall be a requirement.

§ 305-128 Educational institutions.

In all residential districts, subject to the granting of a compatible use permit, a public, sectarian or private elementary or secondary school, college, university, theological, trade or industrial school with or without assembly and residence halls with customary incidental facilities may be permitted, whether or not operated for gain or profit, subject to compliance with this section and the following specific requirements. The Board of Trustees may impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to protect the health, safety, morals and general welfare of the Village.

A. Off-street parking: as required by § 305-63D, except that there shall be at least one space for every three students plus one space for each faculty member or employee attending or on duty at any particular time in addition to parking requirements for other uses specified in § 305-63D. In the course of site plan approval, the Planning Board may permit dual usage of parking areas or other techniques for reducing paved parking area in the interest of lessening adverse environmental impact.

B. Lot limitations pertaining to § 305-11, the schedule controlling land and buildings,[1] for compatible use permit educational use:

	Bulk Regulation	Limitations
	Minimum lot size	10 acres
	Width at front of building	135 feet (same as R-30)
	Principal building coverage	15%
	Accessory building coverage	15%
	Total coverage (for all buildings)	30%
	Minimum front yard	35 feet
	Minimum for each side yard	18 feet
	Minimum 2 side yards	38 feet
	Minimum rear yard	34 feet
	Minimum distance from accessory building to principal building	18 feet
	Minimum distance from accessory building to side lot line	18 feet
	Minimum distance from accessory building to rear lot line	18 feet
	NOTE: All buildings and structures shall be located at such distance from any lot line and from any other building or structure as the Planning Board shall find to be necessary or advisable in a particular case, but in any event not less than 100 feet from any such lot line.

[1] Editor's Note: The schedule is included at the end of this chapter.

C. Miscellaneous standards pertaining to § 305-11, the schedule controlling land and buildings,[2] parking and other criteria:

(1) Maximum height for indoor recreational and athletic facilities: 50 feet (2 1/2 stories).

(2) Residential and instructional and all other structures: as in R-30.

(3) Minimum livable floor area, etc.: as in R-30.

(4) Park and waterfront access: In the course of site plan review, the Planning Board shall ensure adequate public access to waterfronts and public parkland adjacent or in close proximity to the compatible use permit use by the establishment of access or sight easements, land donations or dedications and other techniques.

(5) All land defined as wetlands or having a slope equal to or greater than 25% as defined by the Planning Board as being within the confines of a particular educational institution compatible use permit use shall be excluded from use or development, and 50% of such wetlands and steep slope areas shall be excluded from consideration in the calculation of building coverage and floor space.

[2] Editor's Note: The schedule is included at the end of this chapter.

§ 305-129 Mixed-use development.

A. Declaration of policy. The MU District, allowing mixed-use-type development on qualifying parcels of land in the OB Zone, furthers the following Village goals and objectives:

(1) To encourage such forms of land development which will promote conservation of remaining open space in the Village and will preserve and enhance natural beauty and resources.

(2) To permit suitable development of large parcels of land that may not be topographically or ecologically suitable for development under current zoning.

(3) To minimize visual impact on properties adjacent to OB Zones, especially single-family residential zones.

(4) To promote sound developments that will not overload Village streets or services and will also broaden the tax base in the Village.

B. Applicability. The provisions of this section shall be applicable to such parcels as may be so designated by the Board of Trustees on the Official Zoning Map of the Village[1] and in addition parcels that:

(1) Were zoned OB on the Official Zoning Map of the Village on June 1, 1979

(2) Are at least 50 acres in total size, all such acres being contiguous and sited entirely in the Village;

(3) Are under a single ownership; and

(4) Have no less than 20% of the perimeter fronting on a state highway and no less than 20% of the perimeter bordering on the New York State Thruway.

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

C. Uses and standards.

(1) Principal uses.

(a) All uses in the MU District require a compatible use permit. (See Article XV.)

(b) Permitted principal uses shall be as follows:

[1] Municipal uses.

[2] Private or cooperative limited-membership community centers, recreation centers or clubhouses.

[3] Executive business sales, accounting and general offices and research laboratories, provided that:

[a] They shall be subject to site plan approval by the Planning Board and the concurrence of the Board of Trustees as set forth in Article XVI.

[b] There shall be no display or sale of goods at retail except as related to permitted accessory uses.

[c] Machinery or equipment shall be installed and labor engaged for manufacturing purposes only as provided under permitted accessory uses. All mechanical and other apparatus and manual services employed in such use shall be devoted to scientific research, experimentation and development.

[d] Commercial manufacture on the premises of articles for sale shall only be permitted as follows:

[i] Small quantities of test, experimental or trial products, models or prototypes may be produced in accordance with the provisions of this chapter related to accessory uses.

[ii] Prototype items which are called for specifically in development contracts undertaken for government or commercial agencies to confirm or exhibit the development work conducted may be produced.

[iii] No offensive noises, gases, fumes, odors, vibrations or radio, electric or electronic emanations shall emanate from such use.

[iv] No waste products of a character which would create a nuisance shall be discharged from the site.

[v] Only experimental quantities of radioactive materials shall be kept or used on the premises, the keeping and use of which shall be licensed by and shall conform to all applicable governmental regulations.

[vi] The treatment of animals or the business of embalming and interring or cremating the dead is prohibited.

[4] Multifamily residential facilities.

[5] Television and radio stations, commercial athletic recreation facilities, clubs, fraternal societies, banks and motion-picture theaters.

[6] Restaurants.

(2) Accessory uses.

(a) All accessory uses permitted in the MU Zone shall be located in the principal buildings, except that parking and utilities may be housed or enclosed in separate accessory buildings. All accessory uses may serve the public at large.

(b) Permitted accessory uses shall be as follows:

[1] Restaurants, barbershops, beauty parlors and newsstands.

[2] Overnight lodgings. Where provided, not more than two persons shall be accommodated in any bedroom.

[3] Recreation facilities.

[4] Garage space.

[5] Maintenance and utility shops and storage facilities incidental to the principal use.

[6] Parking lots.

[7] Assembly halls for meetings incidental to the business of the principal use or for civic meetings, provided that:

[a] No rental charge is made.

[b] At the time of such use for any meeting, there shall be parking spaces available for all persons in attendance.

[8] Restaurants and cafeterias.

[9] Research laboratories and pilot experimental facilities for processing or assembling units or products resulting from research, experimental and developmental work on one premises of such laboratory and for the assembly of other related units, equipment or tools incidental thereto, provided that:

[a] The processing or assembling requires the participation primarily of the technical staff of such laboratory.

[b] Such assembled or processed experimental units shall consist only of small quantities of test or trial products, models or prototypes of newly developed or redesigned products for the following purposes:

[i] Testing the characteristics and qualities of such products and/or their consumer acceptance.

[ii] Determining the technical feasibility of using the product design or assembly process on a full-scale repetitive production basis.

[c] Such pilot assembly or processing facilities shall not occupy an area greater than 10% of the total area of the lot.

(3) Setbacks.

(a) Building setbacks.

[1] All buildings shall be at least the following distances from the site's property lines:

[a] Where the property line adjoins the New York State Thruway: 50 feet.

[b] Where the property line adjoins New York State Route 119: 100 feet.

[c] For all other property lines: 75 feet.

[2] No one building shall be closer than 50 feet to another building at any point.

[3] There shall be no other side, front or rear yard requirements.

(b) Parking and internal roadway setbacks. Parking and loading spaces and all paved internal roads shall be at least the following distances from the site's property lines:

[1] Where the property line adjoins the New York State Thruway: 25 feet.

[2] Where the property line adjoins New York State Route 119: 50 feet.

[3] Where the property line adjoins a single-family residence zone: 75 feet.

[4] Where the property line adjoins any other zone and does not adjoin the New York State Thruway: 50 feet.

(4) Coverage requirements. Maximum permitted coverage shall be obtained by applying the following percentages to the area of the overall development site, excluding the areas designated as wetlands by Village or other governmental regulations:

(a) Maximum coverage of all buildings and/or structures: 12%, except that building coverage may be increased to a maximum of 17% as provided in § 305-34B(2)(b).

(b) Maximum coverage of land with paving, parking, walks, patios and other impervious surfaces: 33%.

(c) Total coverage of land with buildings, structures or any form of impervious surface: 45%.

(5) Building height. All buildings shall contain no more than six stories.

(6) Floor area.

(a) The permitted total gross floor area shall be calculated as follows: the area of the entire lot multiplied by 12% maximum permitted coverage multiplied by the number of stories permitted by the height regulation for the MU District.

(b) A minimum of 40% of the allowable floor area shall be retained for office use. A minimum of 40% and a maximum of 55% shall be retained for residential use.

(7) Wetlands protection. No buildings, structures or impervious materials of any sort shall be placed within or upon or within 75 feet of areas designated as wetlands by Village or other governmental regulations defined and designated in this chapter and in the Village and other governmental regulations, if any.

(8) Off-street parking and loading spaces.

(a) Parking space requirements.

[1] Parking space requirements shall be as follows:

	Use	Space Requirement
	Commercial athletic recreation facilities	1.5 spaces per 1,000 square feet of gross floor area
	Multifamily residential	2.5 spaces per dwelling unit
	All other uses	2.5 spaces per 1,000 square feet of gross floor area

[2] If approved by the Planning Board, parking spaces for adjacent buildings may be shared if the buildings are ordinarily not used and occupied simultaneously. For example, an office building and an adjacent theater which does not normally have weekday matinees may only be required to provide the amount of parking needed to meet the minimum requirement for the use requiring the most parking.

(b) Loading space requirements. One loading space shall be provided for the first 50,000 square feet of gross floor area of the principal use plus one for each additional 100,000 square feet of gross floor area or any part thereof.

(c) Dimensional requirements for off-street parking spaces. Each parking space shall be at least nine feet wide and 18 feet in length.

(9) Signs. The size, location, design and illumination of all signs attached to buildings shall be recommended by the Planning Board to the Board of Trustees for action pursuant to the provisions of the Village's Sign Ordinance.[2]

[2] Editor's Note: See Ch. 251, Signs.

(10) Discretionary requirements. During the course of site plan review, the Planning Board may require additional setbacks consistent with the demands of topography and compatible use permit uses of contiguous property. The Planning Board may also require the provision of suitable screening and the preservation of natural rock outcroppings and major trees. Suitable islands of landscaping at appropriate space intervals may also be required to prevent having large areas of unrelieved blacktop.

D. Procedure.

(1) General development plan. The applicant shall submit and the Planning Board shall consider a general development plan (GDP) for the site. The GDP shall set forth the following in map or report form, as appropriate:

(a) The general location of all existing and proposed structures; the general type of proposed uses; existing topography and general grading and drainage proposals; access, major parking and loading areas; major landscaped areas and proposed screening treatments; major proposed and existing public utility lines and facilities; and the proposed location of major signs.

(b) A chart of pertinent data demonstrating compliance with the mixed-use zoning requirements of this section and other provisions of this chapter, as appropriate.

(c) A written statement describing various aspects of the plan, indicating any proposed phasing of development activities.

(2) Referrals. Promptly upon receipt of the general development plan, the Planning Board shall refer said plan to applicable government agencies or departments deemed appropriate. Within 60 days after receipt of the general development plan, all departments shall submit detailed reports to the Planning Board. Lack of submission of such report or reports shall indicate general approval of the GDP.

(3) Planning Board action. Within 60 days after receipt of the general development plan, the Planning Board shall schedule a public hearing on said plan. Within 60 days of the close of said hearing, the Planning Board shall act by either approving, approving with modification or rejecting said plan, and the Board shall promptly notify the applicant, in writing, of its action. If the Board fails to act within the above-required period, the general development plan shall be deemed to have been approved. Notwithstanding any provisions herein to the contrary, the Planning Board shall coordinate and conduct its review so as to coordinate and comply to the best of its ability with the administrative procedures of the Village's new Environmental Quality Review Law set forth in Chapter 147, Article I, Environmental Quality Review Actions, herein. Further, in the event that any aspects of the proposed development require approval by a county, state or federal agency or department, the Planning Board shall render its decision without reference to whether such approval has been obtained by the applicant but shall note in its action that such other approval may be required prior to the issuance of a building permit to the applicant.

(4) Amendments to a GDP. The applicant may, from time to time, submit amendments to the approved general development plan to the Planning Board, which shall process them in the same manner as the original general development plan submission by the applicant. In the event that the applicant considers such changes or modifications to be minor, he may request the Chairman of the Planning Board to have the Village Clerk poll the Board by telephone preliminary to ratification at the next Planning Board meeting or to waive any or all parts of the process noted above in this subsection.

E. Site plan approval. Following approval of a general development plan, the applicant shall submit to the Planning Board a site plan for each and every structure drawn in accordance with the approved general development plan. As an alternative, the applicant may submit a site plan or amended site plan simultaneously with the GDP or amended GDP, and in such event the Planning Board shall process both according to the time schedule provided for the GDP.

(1) A site plan shall set forth the following:

(a) A list of uses to be made of the site. Said uses shall be only those listed as permitted uses under the particular GDP under review.

(b) Proposed property lines and related street, right-of-way and easement lines as determined by survey.

(c) The location of existing and/or proposed buildings and structures.

(d) The proposed off-street parking area, showing the details of aisles, driveways and each parking space.

(e) The proposed grading of the site, showing ten-foot contours of the site and abutting properties.

(f) Proposed stormwater drainage facilities, sidewalks, curbs, curb cuts and driveway aprons and similar structures.

(g) Proposed outdoor lighting and sign locations.

(h) The proposed landscape plan.

(i) All information as noted and required in § 305-134B for site plan review.

(2) The Planning Board shall not approve any site plan unless and until it determines that the site plan is in conformity with the approved general development plan.

(3) The procedures applicable and the rights and duties of the Planning Board in the consideration of the site plan shall be those set forth in Article XVI of this chapter.

(4) The applicant may, from time to time, submit amendments to the approved site plan to the Planning Board. The Planning Board shall process these modifications in the same manner as the original site plan submission by the applicant.

F. Division of property. All or portions of an area designated as mixed use may be divided for the purposes of sale, lease or mortgage with the approval of the Planning Board. Unless, in the reasonable opinion of the Planning Board, approval of such sale, lease or mortgage requires to the contrary, the submission of a new site plan or general development plan shall not be a condition precedent to such approval. However, no development of the area may take place except in accordance with the general development plan and site plan approved by the Planning Board. Insofar as buildings or other structures are concerned, the word "lease" as used herein shall apply only to the rental of an entire structure or a major portion thereof and shall not be deemed applicable to the rental of floor space, wall space, rooms, offices, floors, licenses, franchises or other hereditaments within such building.

G. Illustrative procedure. The following flow chart illustrates the procedure for mixed-use development review as stated in Subsection D. It should be used only as a guide.[3]

[3] Editor's Note: The flow chart is located at the end of the chapter.

§ 305-130 Affordable housing.

[Amended 12-5-2011 by L.L. No. 13-2011]

A. Effect, purpose and intent.

[Amended 5-5-2014 by L.L. No. 4-2014]

(1) In any district created under this chapter in which residential uses are allowed, the following provisions shall apply for the development of both single-family and multifamily housing to provide for the creation of affordable housing in the Village of Tarrytown.

(2) In any district created under this chapter in which residential uses are allowed, the Village Board may grant a compatible use permit to waive provisions of this chapter for the creation of additional affordable as defined herein.

(3) It is the further purpose and intent of this section to provide the Village Board with sufficient discretion and flexibility to balance the provision of affordable housing with other objectives of the Comprehensive Plan of the Village, particularly those providing for environmental protection.

(4) Any units developed, purchased and/or subsidized for affordable housing, pursuant to this section shall be in compliance with the Westchester County Affordable Housing Program.

B. Relevant definitions. As used in this section, the following terms shall have the meanings indicated:

AFFORDABILITY (FOR-SALE UNIT)

A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester County as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

AFFORDABILITY (RENTAL UNIT)

A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% to 60% AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

AFFORDABLE HOUSING

One or more residential dwelling units made available for sale or rent at a price established in conformance with the definition of "affordability (for-sale unit)" or "affordability (rental unit)."

AMI

Area median income for Westchester County as defined annually by the U.S. Department of Housing and Urban Development (HUD).

DENSITY BONUS

The amount of additional density allowed in a development by the Village Board pursuant to Subsection E below.

DEVELOPMENT

A parcel of land on which shall be erected or improved one or more buildings that contain affordable housing.

C. Maximum rent and sales prices. The maximum monthly rent for an affordable unit and the maximum gross sales price shall be established in accordance with U.S. Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limit," available from the County of Westchester.

D. Required affordable unit component.

(1) Payments.

[Amended 6-18-2012 by L.L. No. 4-2012; 5-5-2014 by L.L. No. 4-2014]

(a) Within all residential developments of 10 or more units created by subdivision or site plan, no less than 10% of the total number of units must be created as affordable units. In residential developments of five to nine units, at least one affordable unit shall be created or the developer may make payments in accordance with the payment schedule below. In residential developments of five to seven units, the following payment schedule shall apply, with said payments made to either the Village's dedicated affordable housing fund or to another affordable housing organization approved by the Village and conforming with the Westchester County Affordable Housing Program for development or purchase of an affordable unit in Tarrytown.

	Number of Units	Payment
	9	$300,000
	8	$250,000
	7	$200,000
	6	$150,000
	5	$100,000

(b) Payment shall be made prior to the issuance of the first certificate of occupancy for the subdivision or site plan and will be deposited in a separate account maintained by the Village for the development and/or purchase of affordable housing.

(2) No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable units created pursuant to this section. All such affordable units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

E. Incentives for creation of additional affordable housing; authority and standards. The Village Board shall have the authority to apply the following standards in exercising its discretion to review and grant a compatible use permit for density bonuses associated with the creation of affordable housing beyond the number of units that can be created pursuant to the provisions of Chapter 305, Zoning.

(1) Waiver of land and building requirements. With respect to an application for a development under this section, the Village Board has the authority to waive all use, area, volume, bulk, land and building requirements to the full extent authorized by § 7-738 of the Village Law of the State of New York, which permits the clustering of permitted density.

(2) Development density. A development's density may not exceed the sum of the maximum allowable density of the zoning district in which the development is located plus a density bonus not to exceed 50% of the maximum allowable density of that district. The density bonus shall be fixed by the Village Board, in its discretion, taking into consideration:

(a) The percentage of total residential units in the development that are designated as affordable.

(b) The appropriateness of the proposed density in the neighborhood.

(c) The aesthetic impact of the proposed development on the neighborhood.

(d) The effect of the development on the environment as defined in the New York Environmental Conservation Law § 8-0105, Subdivision 6.

(3) When considering an application for a compatible use permit for moderate-income housing, the Village Board shall take into account the effect of the development on:

(a) Neighboring property values.

(b) Traffic.

(c) The health, safety and general welfare of the neighborhood and the community.

F. Perpetuating affordability.

(1) Units designated as affordable units must remain affordable for a minimum of 50 years from the date of initial certificate of occupancy, regardless of whether the affordable units are ownership units or rental units.

(2) A property containing any affordable unit(s) must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Village Attorney which shall ensure that the affordable unit(s) shall remain subject to affordable regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the affordable unit(s) prior to the issuance of a certificate of occupancy for the development.

G. Unit appearance and integration.

[Amended 6-18-2012 by L.L. No. 4-2012; 5-5-2014 by L.L. No. 4-2014]

(1) Single-family units.

(a) Units designated as affordable units and constructed on the development site shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of the development of the affordable units. The affordable units within single-family zoning districts may be developed as single-family homes on a lot meeting 75% of the minimum lot size in that respective zone or as one two-family home on a lot meeting the minimum lot size in that respective zone. The developer may request that the units to be created per this section be: 1) developed as multifamily units and may be developed at another location within the Village, the location to be subject to approval of the Board of Trustees; or 2) single-family, multifamily, condominium or cooperative units purchased in existing buildings within the Village. Affordable units purchased shall be subject to the requirements of Subsection G(1)(b). Should the developer be interested in pursuing either Items 1) or 2), the developer shall first submit a request to the Board of Trustees to accept the unit(s) as meeting the requirements of this section. The unit(s) shall be developed and the declaration of restrictive covenants as approved by Westchester County shall be filed thereon prior to the issuance of the first certificate of occupancy. A developer may petition the Board of Trustees to adjust the timing of providing the affordable unit(s). The developer shall prove, to the satisfaction of the Board of Trustees that compliance with the timing requirement in this subsection is not in the best interest of the affordable housing program in the Village. Should the Board of Trustees grant permission to delay the construction or purchase of the affordable unit(s), the developer shall provide a bond in an amount equal to the cost of the construction or purchase of the affordable unit(s). The unit(s) shall be sold or rented to an income-eligible household as defined by the Westchester County affordable housing policy or sold to an affordable housing organization recognized by Westchester County. The proposed average size of the units to be constructed in the subdivision or site plan shall control the number of bedrooms in the unit(s) to be developed pursuant to this section.

	Size of Unit To Be Constructed	Number of Bedrooms
	Up to 1,500 square feet	1
	1,501 square feet to 3,499 square feet	2
	3,500 square feet or larger	3

(b) The minimum gross floor area per affordable unit purchased pursuant to Subsection G(1)(a) shall be no less than the square footage provided in § 305-130H(1). The unit(s) shall be purchased and the declaration of restrictive covenants as approved by Westchester County shall be filed thereon prior to the issuance of the first certificate of occupancy. Units purchased shall not be already designated as affordable income, moderate income or low income pursuant to any federal, state, county or local program. The unit(s) shall be sold or rented to an income-eligible household as defined by the Westchester County affordable housing policy or sold to an affordable housing organization recognized by Westchester County. The proposed average size of the units to be constructed in the subdivision or site plan shall control the number of bedrooms in the unit(s) to be purchased pursuant to this section.

	Size of Units To Be Constructed	Number of Bedrooms
	Up to 1,500 square feet	1
	1,501 square feet to 3,499 square feet	2
	3,500 square feet or larger	3

(c) A developer may purchase more than one unit to meet the minimum floor area requirement of this section. Should the Board provide a conditional approval, the developer shall thereafter provide proof that the Board of the condominium or cooperative will accept, without reservation, the use of the unit(s) as affordable housing. The developer may purchase a single-family unit to meet the requirements of this section. The unit(s) purchased shall, at a minimum, be in full compliance with the New York State Building Code and the New York State Property Maintenance Code. The Building Inspector shall inspect the units proposed for purchase by the developer in order to assure compliance with said state codes. Permission shall be requested from the Board of Trustees, and the Board shall have no obligation to allow for the creation of the units as multifamily in another location in the Village or for the purchase of other units and/or buildings.

H. Minimum floor area.

(1) The minimum gross floor area for the nonpurchased affordable unit(s) shall not be less than 65% of the average floor area of nonrestricted housing units in the development and no less than provided in the chart below. A developer may petition the Board of Trustees to reduce the size of the nonpurchased affordable unit. The developer shall prove, to the satisfaction of the Board of Trustees, that compliance with the 65% size requirement in this subsection is not in the best interest of the affordable housing program in the Village.

[Amended 5-5-2014 by L.L. No. 4-2014]

(a) The minimum gross floor area for the purchased affordable unit(s) shall not be less than provided in the chart below.

	Dwelling Unit	Minimum Gross Floor Area (square feet)
	Efficiency	450
	1-Bedroom	675
	2-Bedroom	750
	3-Bedroom	1,100 (including at least 1.5 baths)
	4-Bedroom	1,200 (including at least 1.5 baths)

(b) All affordable units shall have a declaration of restrictive covenants approved by Westchester County filed prior to the issuance of the first certificate of occupancy.

(2) For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.

(3) As an alternative or supplemental standard, the minimum gross floor area per affordable unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in § 4.03.03 of the most recent edition of its joint design manual.

I. Occupancy standards. For the sale or rental of affordable units, the following occupancy schedule shall apply:

	Number of Bedrooms	Number of Persons in Unit
	Efficiency	Minimum: 1; Maximum: 1
	1-Bedroom	Minimum: 1; Maximum: 3
	2-Bedroom	Minimum: 2; Maximum: 5
	3-Bedroom	Minimum: 3; Maximum: 7
	4-Bedroom	Minimum: 4; Maximum: 9

J. Affirmative marketing. The affordable units created pursuant to this section shall be sold or rented, and resold and rerented during the required period of affordability, to only qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.

K. Resale requirements.

(1) In the case of owner-occupied affordable units, the title to the said property 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 then maximum sales price for said unit, as determined in this section.

(2) In the alternative, the resale price shall not exceed the sum of:

(a) The net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between the month that was two months earlier than the month in which the seller acquired the unit and the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index, and fails to designate a successor index, the Village will designate a substitute index.

(b) The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price.

(3) Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of the AMI at the time of the resale.

L. Lease renewal requirements.

(1) Applicants for rental affordable units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. 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.

(2) If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum annual gross income then allowable, as defined in this section, then said resident shall pay the greater of:

(a) The rent amount payable under the provisions of this section; or

(b) Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms for a term of not more than five consecutive years.

M. Expedited project review process.

(1) Preapplication meeting. The applicant for a development including affordable unit(s) shall be entitled to attend at least one preapplication meeting at which representatives will be in attendance from each Village Board and staff member expected to play a role in the review and approval of the development application and construction. The purpose of the preapplication meeting will be to expedite the development application review process through the early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process and to establish a comprehensive review process outline, proposed meeting schedule and conceptual timeline.

(2) Meeting schedule and timeline. Municipal departments, boards and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to the schedule and timeline. Should the approval process extend beyond one year, an applicant for a development that includes affordable housing units shall be entitled to at least one additional meeting per year with the same departments, Boards and staff to review any and all items discussed at previous preapplication meetings.

(3) Calendar/agenda priority. Municipal departments, boards and staff with review or approval authority over applications for developments including affordable housing units shall give priority to such applications by placing applications for developments including affordable units first on all meeting and work session calendars and agendas and when feasible, based upon the ability to conduct required reviews and provide sufficient public notice, shorten minimum advance submission deadlines to the extent practicable.

N. Affordable Housing Committee.

(1) Pursuant to the previous § 130, Moderate-income housing, of Chapter 305, Zoning, the Board of Trustees established a Moderate-Income Housing Board. The Moderate-Income Housing Board shall become the Affordable Housing Committee for the Village of Tarrytown. Members shall serve for a term of five years and the terms shall be staggered as follows upon the appointment of members pursuant to this amendment: two members to three-year terms; two members to four-year terms; and three members to five-year terms.

(2) The Affordable Housing Committee shall have the following responsibilities:

(a) Annually review of the implementation of this section and the recommendation of changes in these provisions, where necessary.

(b) Provide guidance and assistance to the Board of Trustees, the Planning Board and Village staff in regards to the creation of affordable housing in the Village.

(c) Provide guidance and assistance to the Board of Trustees, the Planning Board and Village staff in regards to proposed development concepts for the creation of affordable housing.

(d) Provide guidance and assistance to the Board of Trustees and Village staff in regards to amendments to this section, should amendments be proposed by the Village or another governmental entity.

§ 305-130.1 Affordable housing constructed prior to December 5, 2011.

[Added 12-5-2011 by L.L. No. 13-2011]

For affordable housing, previously known as moderate income housing, constructed prior to the date of this section, the following provisions definitions, standards and responsibilities shall apply which are separate and distinct from the provisions of Subsections A through N of § 305-130.

A. Relevant definitions. As used in this § 305-130.1, the following terms shall have the meanings indicated:

AFFORDABILITY INDEX

One hundred twenty-five percent of the median income of all Village paid workers for the calendar year prior to the issuance of a certificate of occupancy for a development permitted under this section.

AGGREGATE INCOME

The total of all current annual incomes of all members of a household from any source whatsoever for the last full calendar year, excluding the earnings of working minors attending school full time.

CEILING RATE

Prices for ownership and rental housing which, if exceeded, shall not qualify a housing unit as moderate-income housing.

DEVELOPMENT

A parcel of land on which shall be erected or improved one or more buildings that contain moderate-income housing.

QUALIFYING INCOME

The income needed to pay the principal and interest payments on a fixed-rate, thirty-year mortgage for 80% of the sales price of moderate-income housing using mortgage rates selected by the Village Board or its designee.

SEMIDETACHED DWELLING

A one-family dwelling having one party wall and one side yard.

TARGET RATES

Prices for ownership and rental moderate-income housing which are to be used to guide the Village Board in determining the amount of density bonus to be granted.

B. Standards for for-sale of affordable housing subject to § 305-130.1. The Village Board shall apply the following standards to moderate-income housing that is to be sold to income-eligible households:

(1) Affordability rates.

(a) Purchase target rate. The purchase target rate for moderate-income housing sold to income-eligible households shall be established by multiplying the affordability index by a factor of 2.75. To determine a purchase target rate for a dwelling unit of a particular size, the purchase target rate shall be multiplied by the following factors:

	Size of Unit	Factor
	0-bedroom	0.8
	1-bedroom	0.9
	2-bedroom	1.0
	3-bedroom	1.1
	4-bedroom	1.2
	5-bedroom	1.3

(b) Purchase ceiling rate. The purchase ceiling rate for various unit sizes shall be 150% of the purchase target rate.

(2) Income eligibility. To be eligible to purchase affordable housing subject to the provisions of this section, a household's aggregate income shall not exceed 120% of the qualifying income required for the purchase of moderate-income housing sold at the unit's purchase ceiling rate.

C. Standards for rental affordable housing subject to § 305-130.1. The Village Board shall apply the following standards for moderate-income housing rented to income-eligible households:

(1) Affordability rates.

(a) Rental index rate. The rental index rate shall be 25% of the affordability index.

(b) Rental target rate. The rental target rate for specific moderate-income housing units 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 Unit	Factor
	0-bedroom	0.8
	1-bedroom	0.9
	2-bedroom	1.0
	3-bedroom	1.1
	4-bedroom	1.2
	5-bedroom	1.3

(c) Rental ceiling rate. The rental ceiling rate for various unit sizes shall be 150% of the rental target rate.

(2) Income eligibility. To be eligible to rent affordable housing subject to the provisions of this section, a household's aggregate income shall not exceed four times the unit's rental ceiling rate.

D. Occupant selection standards. When affordable housing subject to the provisions of this section is sold or rented, the following standards shall be used to determine occupancy:

(1) A household must be income-eligible in accordance with the requirements of Subsections B and C above.

(2) Preference categories. Among income-eligible households, preference to purchase or rent moderate-income housing shall be given to those which contain an individual in one of the following categories:

(a) Village employees who have worked for the Village for at least one year.

(b) Volunteer fire company and ambulance corps members living in and serving Tarrytown for at least one year.

(c) Households whose head of household or spouse is 62 years of age or older and has lived in the Village for at least five years.

(d) Households whose head of household or spouse is 30 years of age or younger and has lived in the Village for at least 10 years at any given time.

(3) Priority among income-eligible households. Income-eligible households with the least financial resources, with consideration given to preference categories listed above, shall be given a priority for occupancy so long as:

(a) For ownership purchase affordable housing subject to the provisions of this section, the household is eligible for available market financing; or

(b) For rental purchase affordable housing subject to the provisions of this section, the rent does not exceed 25% of the household's aggregate income.

E. Perpetuating affordability.

(1) Use limitations. The owner or occupant of affordable housing subject to the provisions of this section shall not lease or sublet the unit without the prior authorization of the Affordable Housing Committee established in § 305-130N hereinabove. The Affordable Housing Committee shall not permit such housing to be leased or sublet, and then only for a period of up to six months, unless the following conditions are met:

(a) The owner or occupant intends in good faith to use the unit as his/her principal residence but is temporarily prevented from doing so because of illness, illness of a family member, requirements of employment or other appropriate reason;

(b) The lessee or sublessee meets the conditions established herein for initial occupancy of such housing; and

(c) The rent charged is in accordance with the provisions and intent of this section.

(2) Deed restrictions.

(a) Ownership units. The title to purchase affordable housing subject to the provisions of this section shall be restricted so that in the event of resale by the owner or any successor, the resale provisions set forth in Subsection E(3) below will apply.

(b) Rental units. The title to a development containing purchase affordable housing subject to the provisions of this section shall be restricted so that, in the event of resale by the owner, the purchaser will maintain the provisions of the rent regulations agreement in accordance with Subsection E(4) below.

(3) Resale.

(a) The resale price of such housing shall be the original purchase price paid by the owner plus the costs of purchasing and selling the unit, which sum shall be increased by a percentage equivalent to the increase in the consumer price index from the date of the original purchase to the date of the sale.

(b) Resale procedure. The owner of such housing shall first offer to sell the unit to the Affordable Housing Committee or its designee. Upon notification of the owner's intent to sell, the Affordable Housing Committee shall calculate the resale price as set forth in Subsection E(3)(a) above.

(4) Rent regulation and lease renewal.

(a) A rent regulation agreement shall be entered into by the owner of a development containing rental affordable housing subject to the provisions of this section prior to receiving a certificate of occupancy. This agreement shall be incorporated into the deed of the property containing rental of such housing. This agreement shall establish the amount of initial rents, procedures for determining rent increases for leases of various terms using reliable indices, procedures for leasing to eligible tenants, procedures for renewing leases and other conditions necessary to effectuate the purposes of this section.

(b) Continued eligibility. An occupant of such rental housing 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.

F. The Affordable Housing Committee, established pursuant to § 305-130N shall have the following responsibilities in relation to the provisions of this § 305-130.1:

(1) The annual review of the implementation of this section and the recommendation of changes in these provisions, where necessary.

(2) The calculation of the affordability index rates, target rates, ceiling rates and eligible incomes for each calendar year.

(3) The certification of the eligibility of all households applying for the purchase or rental of affordable housing pursuant to § 305-130.1 and the annual recertification of each applicant.

(4) The maintenance of a list of eligible households for each size and type of affordable housing pursuant to § 305-130.1.

(5) The establishment of an orderly and fair process for selecting income-eligible households for occupancy of affordable housing pursuant to § 305-130.1.

(6) The promulgation of such rules and regulations necessary to implement the requirements, intent and purpose of this section.

(7) The authority to take any other actions necessary to effectuate the purpose and intent of this section.

G. The grant of any permit under this section shall be subject to site plan approval by the Planning Board.

H. The plan to be submitted as part of the application for the permit, as required under §§ 305-119C and 305-122 of this article, shall be reviewed by the Planning Board not only for its recommendations and findings but also as lead agency under the environmental review requirements of § 305-121D of this article, the State Environmental Quality Review Act[1] and the Village's regulations thereunder.

[1] Editor's Note: See Art. 8 of the Environmental Conservation Law.