[Added 11-19-2012 by L.L. No. 4-2012]
The following terms, as used in this article, shall have the
following meanings:
Area median income for Westchester County as defined annually
by the U.S. Department of Housing and Urban Development (HUD).
A for-purchase dwelling unit that is affordable to a household
whose income does not exceed 80% of the AMI and for which the annual
housing cost of a unit, including common charges, principal, interest,
taxes and insurance, does not exceed 33% of 80% of AMI, adjusted for
family size.
A rental dwelling unit that is affordable to a household whose
income does not exceed 60% of the 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.
This article shall apply to all subdivisions or site development
plans involving the creation of five or more dwelling units approved
after November 19, 2012.
A.
Within all residential developments of 10 or more units created by
subdivision or site development plan approval, no less than 10% of
the total number of units must be created as fair and affordable housing
units.
B.
In residential developments of five to nine units, at least one fair
and affordable housing unit shall be created.
The maximum monthly rent, and the maximum gross sales price,
for a fair and affordable housing unit shall be established in accordance
with United States Department of Housing and Urban Development (HUD)
guidelines as published in the current edition of the Westchester
County Area Median Income, Sales and Rent Limits.
Units designated as fair and affordable housing units must remain
affordable 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 for-purchase units.
A property containing any fair and affordable housing units
must be restricted by using a mechanism such as a declaration of restrictive
covenants, in recordable form acceptable to the Village Attorney,
that shall ensure that the fair and affordable housing unit 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 fair and affordable
housing unit prior to the issuance of a certificate of occupancy for
any dwelling unit on the property.
Notwithstanding any other sections of the Zoning Code of the
Village of Ardsley, within single-family developments subject to this
article, the fair and affordable housing units may be a single-family
home or may be incorporated into a two-family home. Each single-family
affordable fair and affordable housing unit may be located on a lot
meeting 75% of the minimum lot area for the single-family homes in
the development. Each fair and affordable two-family home shall be
located on a lot meeting the minimum lot area for the single-family
homes in the development.
A.
Within single-family developments, all units (including two-family
units) shall be indistinguishable in appearance, siting and exterior
design from the other single-family homes in the development to the
furthest extent possible.
B.
Within multifamily developments, the fair and affordable housing
units shall be physically integrated into the design of the development
and 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 fair and affordable housing units shall
not be distinguishable from nonrestricted units from the outside or
building exteriors.
A.
The minimum gross floor area per fair and affordable housing unit
shall not be less than 80% of the average floor area of nonrestricted
housing units in the development and not less than the following:
|
Dwelling Unit
|
Minimum Gross Floor Area
(square feet)
|
|---|---|
|
Efficiency
|
450
|
|
One-bedroom
|
675
|
|
Two-bedroom
|
750
|
|
Three-bedroom
|
1,000 (including at least 1.5 baths)
|
|
Four-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 and balconies.
For the sale or rental of fair and affordable units, the following
occupancy schedule shall apply, provided these standards comply with
the New York State Building, Fire and Property Maintenance Codes.
|
Number of Bedrooms
|
Number of Persons
|
|---|---|
|
Efficiency
|
Minimum 1; maximum 1
|
|
One
|
Minimum 1; maximum 3
|
|
Two
|
Minimum 1; maximum 5
|
|
Three
|
Minimum 3; maximum 7
|
|
Four
|
Minimum 4; maximum 9
|
A.
The fair and affordable housing units created under the provisions
of this article shall be sold or rented, and resold and re-rented,
during the required period of affordability, only to qualifying income-eligible
households. Such income-eligible households shall be solicited in
accordance with the Westchester County fair and affordable housing
Affirmative Marketing Plan, dated December 2011, dated so as to ensure
outreach to racially and ethnically diverse households.
B.
No preferences shall be utilized to prioritize the selection of income-eligible
tenants or purchasers of fair and affordable housing units created
pursuant to this article.
A.
In the case of owner-occupied fair and affordable housing 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 article, or the sum of:
(1)
The net purchase price (i.e., gross sale price 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 contracts to sell the unit. If the Bureau
stops publishing this index, the Village designates a substitute index;
and
(2)
The cost of major capital improvements made by the seller of the unit while said seller owned the unit, as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion; provided, however, that approval of the administrative and monitoring agency, identified in § 200-100.14 herein, shall be required before the cost of any major capital improvement is included in the resale price.
B.
Notwithstanding the foregoing, in no event shall the resale price
exceed an amount affordable to a household at 80% AMI at the time
of resale.
A.
A person renting a fair and affordable housing unit shall sign a
lease for a term of no more than two years. As long, as a renter remains
eligible and has complied with the terms of the lease, a renter shall
be offered renewal leases for a term of no more than two years each.
B.
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.
C.
If no such provisions are applicable and if a renter's annual gross
income should subsequently exceed the maximum then allowable, as defined
in this article, then the renter may complete his/her current lease
term and shall be offered a nonrestricted rental unit in the development,
if available, at the end of such lease term. If no such unit is available
at said time, the renter may be allowed to sign one additional one-year
lease for the fair and affordable housing unit s/he occupies but shall
not be offered a renewal of the lease beyond the expiration of that
additional one-year lease term. If, however, at the end of the additional
one-year term the renter's income is below the maximum then allowable,
the renter shall be offered a two-year renewable lease.
The Village Board of Trustees or its designee shall administer
the requirements of this article and, among other things, be responsible
for monitoring the fair and affordable housing units during the units'
periods of affordability and for monitoring compliance with the income
and eligibility requirements and affirmative marketing responsibilities
applicable to the fair and affordable housing units. The costs of
such administration shall be borne by the owner/developer.
A.
Pre-application meeting. The applicant for development including
fair and affordable housing units shall be entitled to attend at least
one pre-application meeting at which representatives will be in attendance
from each municipal department, board, commission and staff expected
to play a role in the review and approval of the development application
and construction. The purpose of the pre-application meeting will
be to expedite the development application review process through:
B.
Meeting schedule and timeline. Village departments, boards, commissions,
and staff shall endeavor to honor the proposed meeting schedule and
conceptual timeline established as an outcome of the pre-application
meeting 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 fair and affordable housing
units shall be entitled to at least one additional meeting per year
with the same departments, boards, commissions, and staff to review
any and all items discussed at previous pre-application meetings.
