[L.L. No. 2-2004, § 1; L.L.
No. 1-2005, § 1; L.L.
No. 1-2013, § 2; 9-18-2017]
5-1.1.
Swimming pools.
(a)
General.
1.
A swimming pool may be erected as an accessory structure to a principal
building used for residence purposes, for the exclusive use of the
occupant of said principal building and his guests, provided that
the erection and installation of any aboveground and/or belowground
swimming pool, or any other type of swimming pool, in front and/or
side yard areas shall be prohibited from projecting nearer to the
street or roadway on which the principal building or residence fronts
than such principal building or residence, and further provided that
detailed plans be submitted to the Building Inspector and, after the
submission of detailed plans regarding such pool, such use and the
method of such use is determined by the Building Inspector to be consistent
with the public health, safety, morals and general welfare of the
community.
2.
Any permit granted by the Building Inspector for such use may prescribe
reasonable rules and regulations for the operation.
3.
A "swimming pool" is any body of water or receptacle for water having
a depth at any point greater than two feet, used or intended to be
used for swimming or bathing, and constructed, installed or maintained
in or above the ground outside any building.
(b)
Restrictions and Requirements — Residential Zoning Districts
(A-10, A-5, Residence B, Apartment 3).
1.
Placement on Lots. For all detached swimming pools:
|
Zoning District
|
Distance from Principal Building
(feet)
|
Distance from Each Side and Rear Lot Line
(feet)
|
Maximum Coverage
(percentage of lot area)
| |
|---|---|---|---|---|
|
A-10
|
12
|
6
|
5%
| |
|
A-5
|
10
|
5
|
6%
| |
|
Residence B
|
10
|
6
|
6%
| |
|
Apartment 3
|
18
|
10*
|
5%
|
|
NOTE:
| ||
|---|---|---|
|
*
|
If pool is adjacent to a one- or two-family residence, the application
must be made to the Zoning Board of Appeals.
| |
|
The above distance requirements are to be measured from property
lines to the point at the side of the pool, except where an aboveground
pool deck will be installed; then the outer deck side will be used
as the point of measurement.
|
2.
Fences. For in-ground and aboveground
pools, fences surrounding entire property or pool with self-closing,
self-locking gate.
(a)
In-ground pools must have a fence at least four feet in height.
(b)
Aboveground pools less than four feet in height must be protected
by a fence not less than four feet in height.
(c)
Aboveground pools four feet or higher must have a removable
ladder or a ladder that lifts up and can be locked when not in use.
If the ladder is of permanent type, it must have a four-foot-high
fence enclosure with a self-closing, self-locking gate.
3.
Water Supply to Pool. Water must be supplied to pool through a check
valve and antisyphon valve (vacuum breaker).
4.
Water Discharge From Pools (emptying or backflushing pool filter).
Disposing of water from an in-ground pool must be directly into the
sewer line, by a direct connection to same. Disposing of water from
an aboveground pool could be directly in the sewer line as above,
a slop sink or a laundry sink inside the building. At no time should
the water from the above pools be emptied on the ground or in a storm
drain.
5.
Pool Deck. For aboveground pools, decks around pools are permitted,
provided that they meet the following requirements: deck area not
to exceed 1/4 the area of pool; length not to exceed 1/4 the circumference
of the pool, but could be less than 1/4 the circumference; deck must
conform with distance requirements. A separate building permit is
required.
6.
Electrical Power and Connections to Pools. Filter systems, etc.,
must comply with the most recent National Electrical Code provisions
for swimming and wading pools. Pumps and filters shall be set back
from any property line the same distance as the pool and appropriately
screened.
5-1.2.
Off-Street Parking.
(a)
At least two parking spaces for the parking or garaging of passenger
vehicles shall be provided and maintained on private premises for
each dwelling unit in any building which is hereafter erected for
residence or apartment purposes or which is converted to such use.
(b)
All parking spaces provided pursuant to this section may be in the
open or in private garages, or both, provided that no such parking
spaces in the open shall be in a front yard nor in tiers, and provided
that any such parking spaces in the open in excess of four in number
shall be effectively screened with trees, shrubs or fencing, as required
by the Street Commissioner of the Village, from the view of adjacent
residential or apartment lots or streets.
(c)
All parking spaces provided pursuant to this section shall be paved,
oiled or covered with gravel, shall be suitably drained, shall be
maintained in good condition, shall have adequate means of ingress
and egress and shall have an interior circulation system that is adequate
to provide safe accessibility.
(d)
All parking spaces provided pursuant to this section shall be provided
and maintained on the same lot with the building or premises for which
such spaces are provided, except that, if so permitted by the Zoning
Board of Appeals, all or a part of such parking spaces may be provided
and maintained on another lot or lots owned or controlled by the owner
of such building, provided that such parking spaces are within a reasonable
distance of the main entrance of such building, and provided that
such parking spaces are in the same or a less restricted district.
(e)
Parking spaces shall not be considered as provided pursuant to this
section unless reasonable precautions are taken to assure that such
parking spaces are used only by persons who are at the time residing
in or visiting the building for which such parking spaces are provided.
(f)
Parking spaces required by this section shall be
maintained, in accordance with the provisions of this section, as
long as such buildings are used for residential or apartment purposes.
5-1.2.1.
Off-Street Parking Requirements.
5-1.2.1.1.
Intent of Requirements. It is the intention
of this chapter that all structures and land uses shall have a sufficient
amount of off-street automobile parking to meet the needs of persons
employed at, or making use of, such structures or land uses. No permit
for the erection or substantial alteration of a structure, or for
the development of a land use, shall be issued unless off-street automobile
parking facilities shall have been laid out in plan, in accordance
with the appropriate requirements for structures and uses set forth
in this section and approved by the Building Inspector.
5-1.2.1.2.
Effect on Existing Uses. Structures and
land uses in existence at the time this section becomes effective
or structures and uses for which building permits have been approved
at the time this section becomes effective shall not be subject to
the requirements set forth in this section, provided that any parking
facilities now existing to serve such structures or uses shall not
in the future be reduced, except where they exceed such requirements,
in which case they may not be reduced below such requirements. Required
parking facilities for such structures or uses, as well as for any
enlargement or extension, shall, however, be provided as a condition
for the issuance of any building permit for such enlargement or extension
in the future. In case of practical difficulty or unnecessary hardship
to such properties arising out of this requirement, appeal may be
made to the Zoning Board of Appeals, which shall require only such
degree of compliance as it may deem reasonable for that part of the
structure or use that is legally nonconforming, but may not waive
any part of the requirement for that part of the structure or use
that constitutes an enlargement or extension and may not permit reduction
or elimination of whatever quantity of parking may already be in existence
unless it is in excess of such requirements. Required off-street parking
facilities which, after development, are later dedicated to and accepted
by the Village shall be deemed to continue to serve the uses and structures
to meet the requirements for which they were originally provided.
5-1.2.1.3.
Schedule of Requirements. Unless modified
by other provisions of this chapter, off-street parking facilities
shall be provided in an amount as required by the list below. Reasonable
and appropriate off-street parking requirements for structures and
land uses which do not fall within the categories listed below shall
be determined in each case by the Planning Board. The off-street parking
requirements provided below may be reduced by the Planning Board in
the course of site plan review, if the applicant demonstrates and
the Planning Board finds that the capacity of such off-street parking
is sufficient to meet the demands of such use or uses such as the
case of shared parking by two or more different land uses or proximity
to a train station. In no case shall such reduction be greater than
15% of that required by the list below. Any such reduction in parking
granted by the Planning Board shall be provided in land-banked areas
indicated on an approved site plan. If land banking is utilized, the
land-banked spaces may be landscaped or otherwise kept as open space.
Within one year after a certificate of occupancy is granted, the Building
Department shall have the right to visit such areas and certify that
enough parking exists. If sufficient parking does not exist, the land-banked
spaces must be paved as parking spaces in the quantity determined
by the Building Department. Off-street automobile parking facilities
shall be provided as follows; all spaces nine feet wide by 18 feet
long:
|
Use
|
Number of Spaces per Unit
|
Unit of Measurement and Conditions or Exceptions
| ||
|---|---|---|---|---|
|
(a)
|
A-5 and A-10
|
2
|
Dwelling unit (directly accessible to Street)
| |
|
(b)
|
Residence B
|
2
|
Two-family dwelling (directly accessible to a Street)
| |
|
(c)
|
Structures for 3 or more families on same lot
|
2
|
Dwelling unit
| |
|
(d)
|
Doctor or dentist permitted in residence district as accessory
use
|
3
|
Doctor or dentist, in addition to resident requirements
| |
|
(e)
|
Professional office (other than doctor or dentist) or home occupation
permitted in residence district as accessory use
|
1
|
Professional office or home occupation, in addition to residence
requirements
| |
|
(f)
|
Hotels, boarders or lodgers
|
1
|
Guest sleeping room in addition to residence requirements
| |
|
(g)
|
Retail business or consumer service; business or professional
office:
| |||
|
1.
|
Ground floor
|
1
|
200 square feet of gross floor area; may be reduced to no less
than 1 space per 300 square feet of gross floor area upon finding
by the Planning Board that a lesser requirement is in accordance with
good standard practice for the size and type of activity
| |
|
2.
|
Other floors
|
1
|
200 square feet of gross floor area; may be reduced to no less
than 1 space per 400 square feet of gross floor area in accordance
with provision in the ground floor provisions above
| |
|
3.
|
Offices for doctors and dentists
|
At least 4
|
Each doctor in practice on site
| |
|
(h)
|
Public building other than school
|
1
|
200 square feet of gross floor area; may be reduced to no less
than 1 space per 400 square feet of gross floor area in accordance
with provision in Paragraph (g) above
| |
|
(i)
|
Restaurant or similar use
|
1
|
100 square feet of floor area devoted to patron use
| |
|
(j)
|
Hospital, clinic, sanitarium or convalescence home
|
4
|
5 patient beds, excluding bassinets
| |
|
(k)
|
Theater, auditorium, stadium, place of public assembly, church
and funeral home
|
1
|
5 seats
| |
|
(l)
|
Wholesale, storage, utility manufacturing or other industrial
use
|
1
|
2 persons employed or intended to be employed at one time
| |
|
(m)
|
Executive and administrative offices, laboratory, other permitted
uses in 4-7, and, in addition:
|
1
|
2 persons employed or intended to be employed at one time
| |
|
1
|
Company-owned vehicle intended to make use of premises
| |||
|
Additional
|
As deemed necessary by the Planning Board for visitors and employees
| |||
5-1.2.1.4.
Two or More Uses on Same Lot. Where two
or more different uses occur on a single lot, the total amount of
parking facilities to be provided shall be the sum of the requirements
for each individual use on the lot; except that the Zoning Board of
Appeals may approve the joint use of parking space by two or more
establishments on the same lot or on contiguous lots the total capacity
of which space is less than the sum of the spaces required for each,
provided that the Board finds that the capacity to be provided will
substantially meet the intent of the requirements by reason of variation
in the probable time of maximum use by patrons or employees among
such establishments, and provided such approval of joint use shall
be automatically terminated upon the termination of the operation
of any such establishments.
5-1.2.1.5.
Layout and Location of Off-Street Parking
Facilities.
(a)
The required off-street parking facilities for structures and
land uses which are developed after this section becomes effective
shall be provided on the same lot or premises with such structure
or land use, except that off-street parking spaces required for structures
or land uses on two adjoining lots may be provided in a single common
facility on one or both of said lots.
(b)
Any driveway providing access to required off-street parking
facilities shall be graded and laid out as follows:
1.
The grade of the driveway at the street property line shall
be four inches above the street grade at the center line of the driveway.
2.
The grade of the driveway shall not exceed 10% from the front
property line to the required front yard setback line or to a depth
of 25 feet (whichever is greater).
3.
The alignment of the driveway shall be generally at right angles
to the street in this required depth.
4.
Where size of lot and topography permit, the driveway shall
be so arranged that cars entering onto a street may do so facing that
street.
(c)
In Apartment 3 Districts, no off-street parking facility shall
be developed within any required front yard, adjacent to a street
line or within any other side or rear yard within four feet of the
lot line.
(d)
The plans for any new building or any replacement or reconstruction
of an existing building shall, when submitted to the Building Inspector,
show specifically the location and size of the off-street parking
facilities required to comply with this section and the means of access
to such space from the public street or highways; and, except for
single-family and two-family residences, the plan for traffic access,
traffic circulation and general layout of the parking facility shall
be approved by the Village with regard to improvement plan, to safety,
to traffic on the public street, to safety to pedestrians on public
sidewalks and to safety and adequacy of access to cars and pedestrians
using the parking facility, before a building permit may be issued.
(e)
Each required car space shall be not less than nine feet wide
nor less than 18 feet long, exclusive of drives and accessory access
and maneuvering space. Except where otherwise limited in this chapter,
required off-street parking facilities may be enclosed in a structure
or may be open, provided that all required parking facilities shall
be graded, surfaced, drained and suitably maintained to the satisfaction
of the Building Inspector to the extent necessary to avoid nuisances
of dust, erosion or excessive water flow across public ways; in appropriate
situations, the Building Inspector may require suitable markings to
indicate individual parking spaces, maneuvering area, entrances and
exits.
5-1.2.1.6.
Operation and Maintenance of Off-Street
Parking Facilities. Required off-street parking facilities shall be
maintained as long as the use or structure exists which the facilities
are designed to serve. Required parking areas developed for specific
structures and uses shall be reserved at all times to those persons
who are employed at, or make use of, such structures and land uses,
except when dedicated to and accepted by the Village as public parking
areas. Cars shall only be parked in stalls laid out according to approved
plans. All aisles and drives shall be kept clear for movement of cars.
5-1.3.
Fences and Hedges. The yard requirements of this chapter shall not
be deemed to prohibit any hedge, fence or wall, provided that the
finished side of the fence which does not include the structural members
faces the neighboring property, and that in any residence district,
no hedge, fence or wall shall exceed the following heights along the
outer boundary of or within any yard:
5-1.4.
Shrubbery Screens. Within a rear or side yard of any apartment, business
or industrial use which adjoins property zoned for residence purposes,
there shall be a screen of shrubbery not less than five feet in width
nor less than three feet in height at time of planting and of which
50% shall be evergreens. Such strip shall be free of rubbish and suitably
maintained to the satisfaction of the Street Commissioner.
5-1.5.
Dual Zone Requirements. Where a lot shall fall within two different
zoning districts, the requirements of the more restrictive district
shall prevail unless the Zoning Board of Appeals grants a special
permit to allow the applicant to average the area and bulk restrictions.
In such case, the Zoning Board of Appeals shall comply with the general
requirements for granting a special permit as listed in Article VI.
5-1.6.
Nonconforming
Buildings and Uses. The following provisions shall apply to all buildings
and uses existing lawfully on the effective date of this chapter,
which buildings and/or uses do not conform to the requirements set
forth in this chapter:
5-1.6.1.
Such nonconforming use of buildings or open land may be continued
indefinitely, but:
(a)
Shall not be enlarged, extended or placed on a different portion
of the lot or parcel of land occupied by such use on the effective
date of this chapter, nor shall any external evidence of such use
be increased by any means whatsoever;
(b)
Shall not be changed to another nonconforming use; and
(c)
Shall not be reestablished if such use has for any reason been
discontinued for a period of over one year or has been changed to,
or replaced by, a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
5-1.6.2.
Except as provided in § 5-1.6.4 below, no building
which houses such a nonconforming use shall be:
(a)
Structurally altered or enlarged; or
(b)
Moved to another location where such use would be nonconforming.
Subject to § 5-1.6.1, if a building which houses such a
nonconforming use is destroyed accidentally due to fire, explosion
or other cause, such building may be restored within one year in substantially
the same form and location, and the same nonconforming use may be
reinstated, without being extended.
5-1.6.3.
Any building, the use of which is in conformity with the regulations
set forth in this chapter, but which building does not conform to
one or more of the requirements hereof other than the use requirements,
may be altered, enlarged or rebuilt, provided that such building shall
not be altered, enlarged or rebuilt so as to increase the degree of
nonconformity thereof.
5-1.6.4.
Nothing in this article shall be deemed to prevent normal maintenance
and repair of any building, or the carrying out upon issuance of a
building permit of major structural alterations or demolitions necessary
in the interest of public safety. In granting such a permit, the Building
Inspector shall state the precise reason(s) why such alterations were
deemed necessary.
[L.L. No. 7-2007, § 1]
5-1.7.1.
ACCESSORY LOT
ADJACENT PARCEL
COMMON OWNERSHIP
Definitions. As used in this subsection the following words
shall have the meanings indicated:
A nonconforming parcel of land upon which exists an accessory
building that is subordinate and customarily incidental to the principal
use or principal building existing on the adjacent parcel and which
has common ownership with the adjacent parcel.
One which abuts another parcel for a common course of 10
feet or greater.
When two or more parcels of land are held, in whole or in
part, by the same person, business, company, corporation, partnership,
limited-liability company or other entity (whether for-profit or not-for-profit).
5-1.7.2.
Merger. An accessory lot having common ownership with an adjacent
parcel shall be deemed merged into the adjacent parcel, and said accessory
lot and adjacent parcel shall together be deemed to be a single merged
lot.
5-1.7.3.
Effect of merger. Merged lots must conform to the height, area,
bulk, dimensional and other regulations of this chapter, including,
but not limited to, all of the requirements and limitations of the
Village of Tuckahoe Schedule of Area and Bulk Requirements. No building
permit or other development plan shall be issued or approved for any
parcel, that is, by itself, an accessory lot, as defined herein. Upon
meeting all of the requirements of this chapter, the resulting merged
lot can, upon due process and compliance with this chapter, qualify
for a building permit or other development plan.
5-1.7.4.
Exceptions. Lots which meet the following criteria shall be
exempt from the merger provisions of this subsection:
(a)
An accessory lot, as defined herein, or a nonconforming lot
that has been granted an area variance from the Zoning Board of Appeals
before the date of enactment of this subsection.
[L.L. No. 3-2022]
5-1.8.1.
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
(a)
(b)
As used in this section, the following terms shall have the meaning
indicated:
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 as defined annually by the United States 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; and
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% of 60% of AMI adjusted for family size and that is marketed in
accordance with the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan.
5-1.8.2.
Required affordable AFFH unit component.
(a)
Within all residential developments of 10 or more units created
after the effective date of this section by subdivision or site plan
approval, no fewer than 10% of the total number of units must be created
as AFFH units. Rounding shall be done as follows: for 10 to 14 housing
units: one AFFH unit; for 15 to 24 housing units: two AFFH units;
then continuing in like increments as the number of housing units
increases.
(b)
No preferences shall be utilized to prioritize the selection
of income-eligible tenants or purchasers for AFFH units created under
this subsection.
(c)
Notwithstanding the above, all such AFFH units, whether for
purchase or for rent, shall be marketed in accordance with the Westchester
County Fair and Affordable Housing Affirmative Marketing Plan.
5-1.8.3.
Maximum rent and sales price. The maximum monthly rent for an AFFH
unit and the maximum gross sales price for an AFFH unit shall be established
in accordance with United States Department of Housing and Urban Development
guidelines as published in the current edition of the "Westchester
County Area Median Income (AMI) Sales and Rent Limits" available from
the County of Westchester.
5-1.8.4.
Time period of affordability. Units designated as AFFH units must
remain for a minimum of 50 years from the date of the initial certificate
of occupancy for rental properties and from the date of original sale
for ownership units.
5-1.8.5.
Property restriction. A property containing any AFFH units must be
restricted using a mechanism such as a declaration of restrictive
covenants in recordable form acceptable to Municipal Counsel which
shall ensure that the AFFH unit shall remain subject to 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 AFFH unit prior to the issuance of a certificate of occupancy
for the development.
5-1.8.6.
Unit appearance and integration.
(a)
Within single-family developments, the AFFH units may be single-family
homes or if the Planning Board so elects, they may be incorporated
into one or more two-family homes. If the Planning Board so elects,
one or more AFFH units may be located on a lot meeting 75% of the
minimum lot area for the single-family homes in the development. Each
such two-family home shall be located on a lot meeting the minimum
lot area for the single-family homes in the development. All such
units 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 development of the AFFH units.
(b)
Within multifamily developments, the AFFH units shall be physically
integrated into the design of the development, and where multiple
AFFH units are required, to the extent feasible, they shall be distributed
among various sizes (efficiency, one-, two-, three- and four-bedroom
units) in the same proportion as all other units in the development.
The AFFH units shall not be distinguishable from other market rate
units from the outside or building exteriors. Interior finishes and
furnishings may be reduced in quality and cost to assist in the lowering
of the cost of development of the AFFH units.
5-1.8.7.
Minimum floor area.
(a)
The minimum gross floor area per AFFH unit shall not be less
than 80% of the average floor area of nonrestricted housing units
in the development and no less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
1-bedroom
|
675
|
|
2-bedroom
|
750
|
|
3-bedroom
|
1,000 (including at least 1.5 baths)
|
|
4-bedroom
|
1,200 (including at least 1.5 baths)
|
(b)
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.
5-1.8.8.
Occupancy standards. For the sale or rental of AFFH units, the following
occupancy schedule shall apply:
|
Number of Bedrooms
|
Number of Persons
|
|---|---|
|
Efficiency
|
Minimum: 1; maximum: 1
|
|
1
|
Minimum: 1; maximum: 3
|
|
2
|
Minimum: 2; maximum: 5
|
|
3
|
Minimum: 3; maximum: 7
|
|
4
|
Minimum: 4; maximum: 9
|
5-1.8.9.
Affirmative marketing. The AFFH units created under the provisions
of this section shall be sold or rented, and resold and re-rented
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.
5-1.8.10.
Resale requirements.
(a)
In the case of owner-occupied AFFH units, the title to 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, or the sum of:
1.
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: a) the month that was two months earlier than
the date on which the seller acquired the unit, and b) 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 of Tuckahoe will designate
a substitute index; and
2.
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 improvements no later than the time the seller
of the unit desires to include it in the resale price.
(b)
Notwithstanding the foregoing, in no event shall the resale
price exceed an amount affordable to a household at 80% of AMI at
the time of the resale.
5-1.8.11.
Lease renewal requirements.
(a)
Applicants for rental AFFH 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.
(b)
If no such provisions are applicable and if a resident's
annual gross income should subsequently exceed the maximum then allowable,
as defined in this section, then said resident may complete their
current lease term and shall be offered a nonrestricted rental unit
available in the development at the termination of such lease term,
if available. If no such dwelling unit shall be available at said
time, the resident may be allowed to sign one additional one-year
lease for the AFFH unit they occupy but shall not be offered a renewal
of the lease beyond the expiration of said term.
5-1.8.12.
Administrative and monitoring agency. The County of Westchester or
other dully authorized non-for-profit appointed by resolution of the
Board of Trustees shall be responsible for monitoring the AFFH units
during the units' periods of affordability and for monitoring
compliance with the affirmative marketing responsibilities of those
creating the AFFH units.
5-1.8.13.
Expedited project review process.
(a)
Preapplication meeting. The Planning Board's preapplication
meeting process shall be followed in connection with developments
which include AFFH units. The purposes of the preapplication meeting
will include discussion of means to expedite the development application
review process through:
(b)
Meeting schedule and timeline. Village departments, boards,
committees and staff shall endeavor to honor the proposed meeting
schedule and conceptual timeline established as an outcome of the
preapplication process to the greatest extent possible during the
review and approval process, subject to the demonstrated cooperation
of the applicant to adhere to same. Should the approval process extend
beyond one year, an applicant for a development including AFFH units
shall be entitled to at least one additional meeting per year with
the same departments, boards, or committees to review any and all
items discussed at previous preapplication meetings.
(c)
Calendar/agenda priority. Municipal departments, boards, or
committees with review or approval authority over applications for
developments which include AFFH units shall give priority to such
applications by placing applications for developments including AFFH
units high enough on all meeting and work session calendars and agendas
so they will not be bumped to a subsequent meeting because of lack
of time and, when feasible based on the ability to conduct required
reviews and public notice, with the intent of shortening minimum advance
submission deadlines to the extent practicable.
