[Amended 1-5-1960; 4-17-1963; 7-16-1986 by L.L. No. 9-1986]
A. Principal uses.
(2) Churches and other places of worship.
(3) Public elementary and high schools.
B. Special uses (subject to conformance with additional standards as provided in Article
IX).
(1) Parochial and private elementary and high schools
which meet the same site standards of the State Education Department
as a public school.
(3) Nonprofit membership clubs.
(4) Public utility substations serving the local area
only and where it can be shown that it cannot be located in a nonresidential
district.
(5) Playground, park, parkway, library, firehouse, police
station or other municipal use, not including incinerators or dumps.
[Amended 7-17-1996 by L.L. No. 14-1996]
C. Accessory uses (when located on the same lot with
the principal uses to which they are accessory).
(1) Professional office of a physician, dentist, chiropractor,
architect, engineer or similar professional person, when conducted
in a dwelling by the inhabitant thereof, with not more than one nonresident
employee or associate in any dwelling.
(2) Keeping of not more than two nontransient persons
as roomers or boarders in any dwelling, provided that no sign is displayed
and no separate cooking facilities shall be maintained in connection
with such accessory use.
(3) Private garden house, garage, toolhouse, playhouse, family swimming pool (as permitted by Chapter
106, Fire Prevention and Building Construction), tennis courts, greenhouse or similar private accessory use not used for commercial or public purposes.
(5) Parish house, rectory, Sunday-school rooms.
(6) Signs as provided in Chapter
175, Signs.
(7) Tennis courts are permitted when constructed in conformity
with the following:
[Added 7-17-1996 by L.L. No. 14-1996]
(a)
Tennis courts must be in the rear one-third
(1/3) of the property.
(b)
No court may be erected closer than 15 feet
to the property line.
(c)
Drainage of the court surface must be performed
to the satisfaction of the Building and Engineering Department.
(d)
No exterior lighting will be permitted which
directs or allows light to bleed onto adjacent residential properties.
(e)
No fencing shall be higher than eight feet without
approval of the Board of Zoning Appeals.
(8) Within an enclosed garage, one commercial vehicle
may be stored. Said vehicle may not exceed 220 inches in length nor
have a gross vehicle weight in excess of 5,000 pounds. Motor homes,
RV's or trailers or boats and their trailers may not be stored in
a front yard area or within 10 feet of any structure other than a
garage.
[Added 7-17-1996 by L.L. No. 14-1996]
[Added 7-20-1994 by L.L. No. 6-1994]
A. Principal uses.
(1)
Private recreation facilities, including golf,
tennis and/or swimming clubs, along with clubhouses with accessory
restaurants and catering facilities, used in conjunction with a recreational
facility.
(2)
Other uses similar to those listed in the preceding
subsection, provided that the Planning Board makes specific findings
that the use is in full conformity with the purposes and intent of
this zone district and all general and special requirements of the
district and that the use has no greater impact upon open space, traffic
and drainage than any of the specifically enumerated uses.
B. Special permit uses; requirements.
(1)
Special permit uses.
(a)
Public playground or park, including golf, tennis
and/or swimming clubs. This provision shall apply to the Town in addition
to any other municipal government or authority.
(2)
Special permit requirements.
(a)
Special permits shall be issued by the Planning
Board, provided that there is a finding that all general and special
conditions are met.
(b)
The Planning Board shall require that no special
permit be issued until a traffic study is conducted which demonstrates
to the satisfaction of the Planning Board that the proposed use shall
not adversely impact upon traffic in the surrounding area to a greater
degree than any other principal use permitted in the zone.
(3)
Cellular telephone facility.
[Added 2-15-1995 by L.L. No. 3-1995]
C. Accessory uses (when located on the same lot with
the principal uses to which they are accessory).
(2)
Cabanas, lockers, snack bars and/or pro shops.
(3)
Maintenance sheds and/or garages.
(4)
Signs as provided in Article
XIV of the Building Code.
(5)
Playing fields and courts for baseball, volleyball,
basketball and similar sports.
(6)
Playgrounds and picnic areas.
(7)
No more than one residence for caretakers and
staff of a recreational facility consisting of no more than 10 sleeping
rooms or three dwelling units.
(8)
Cross-country skiing, sledding, ice skating
and similar winter sports; however, winter sports using mechanized
or motorized equipment is prohibited.
(9)
Child-care facility limited to children of members
or guests of the recreational facility and used only while the members
or guests are using the recreational facilities.
D. Special requirements.
(1)
The Planning Board shall review the design of
all site plans of properties located in this district:
(a)
So as to preserve to the maximum extent possible
wetlands, wetland control areas, flood hazard areas, designated critical
environmental areas and other unique natural features, including but
not limited to the highest crest of hills, natural rock outcroppings
and major tree belts.
(b)
To ensure that no construction takes place on
areas which have slopes greater than 25% prior to any disturbance
of the natural contours of the property or on wetland control areas.
A slope shall be computed by taking a percentage in which the vertical
distance is the numerator and the horizontal distance is the denominator
calculated by measuring the vertical rise using two-foot contours,
in a thirty-foot horizontal length.
(c)
To minimize cut and fill; roads should follow
natural topography wherever possible.
(2)
There shall be maintained a minimum of 20% of
the area of a parcel as a permanent open space. For the purposes of
this section, permanent open space shall be an area exclusive of fairways,
tees, greens or other areas of active recreational use, which shall
be kept undisturbed and in its natural state, including areas designated
as wetlands.
[Added 4-4-1990 by L.L. No. 2-1990;
amended 3-4-1998 by L.L. No. 4-1998; 5-25-2005 by L.L. No. 9-2005]
A. Purpose. The purpose of the B-MUB Zone is to permit
a mixture of business and residential uses on large parcels.
B. Procedure.
(1) Special provisions for mixed-use development shall be permitted only upon application to and approval by the Town Board of a zoning amendment in accordance with the procedures set forth below as well as those set forth in §
240-92 in areas designated on the Zoning Map as B-MUB.
(2) Submission. In addition to any requirements for submission set forth in §
240-92 or other applicable local laws, the application shall include the following:
(a)
A description of the proposed development plan,
including the type and floor area of each use proposed, number of
parking spaces, interrelationship of uses and such other information
as is necessary to provide a complete understanding of the proposal.
(b)
A preliminary site plan showing the location
and height of all buildings, the design and layout of parking areas
and driveways, a general landscaping plan and any other pertinent
data.
(3) The approval of an amendment to this chapter to allow special provision for mixed use shall not act as a waiver of the requirements of obtaining a special permit in accordance with the procedures set forth in Subsection
F.
C. Principal uses. The principal uses shall be the same
as the principal uses in the Business (B) District.
D. The special permit uses shall be as follows:
(2) Radio, television and other electronic transmission
structures and towers.
(4) Veterinary hospital, boarding and care of small pets.
(5) Undertaking and funeral homes.
(6) Newspaper printing and publishing.
(8) Nursery use for the sale of plants, trees, shrubbery,
nursery stock, seeds, nursery supplies, fertilizers, soil conditioners,
garden hand tools and accessories and gardener's masonry and incidental
supplies (fruits, vegetables and food not permitted). The land area
shall be 60,000 square feet or more if used for nursery business purposes.
(9) Restaurants, as defined in this chapter.
(10)
Mixed-use developments, including the following uses, separately or in combination, subject to the standards set forth below in Subsection
E:
(b)
Business and professional offices.
(c)
Retail stores and personal service establishments.
E. Special provisions for mixed-use development. Uses proposed under the provisions of Subsection
D(10) above shall comply with the following standards:
(1) Area and bulk requirements.
(a)
Minimum site area shall be 80,000 square feet.
(b)
Maximum height shall be seven floors, excluding
covered parking and service area and lobby, up to a maximum height
of 87 feet. The height shall be calculated from the average street
grade of the site at the curb of the front yard.
[Amended 6-21-2006 by L.L. No. 13-2006]
(c)
Maximum floor area ratio (FAR) for nonresidential
uses (excluding structured parking) shall be 0.16.
[Amended 11-5-2008 by L.L. No. 9-2008]
(d)
Yards: All setbacks shall be a minimum of 10
feet, except the minimum setback from a public street, other than
Madison Avenue, shall be 15 feet. The minimum setback from Madison
Avenue shall be 120 feet for commercial uses and 170 feet for residential
uses.
(e)
Maximum building coverage shall be 60%.
[Amended 11-5-2008 by L.L. No. 9-2008]
(2) Residential density.
(a)
The minimum gross site area per dwelling unit
shall be 595 square feet.
(b)
There shall be no more than one three-bedroom
dwelling unit for every 25 dwelling units. If the quotient derived
from dividing the number of dwelling units by 25 results in a number
that is not a whole number, the quotient shall be rounded down to
the nearest whole number, and that whole number shall be the maximum
number of three-bedroom dwelling units permitted.
(c)
There shall be at least one workforce housing
unit for every 17 dwelling units. If the quotient derived from dividing
the number of dwelling units by 17 results in a number that is not
a whole number, the quotient shall be rounded down to the nearest
whole number, and that whole number shall be the minimum number of
workforce housing units required. "Workforce housing units" shall
mean dwelling units occupied permanently by individuals or families
whose household income does not exceed 80% of the Westchester County
area median income as established from time to time by the United
States Department of Housing and Urban Development.
(3) Off-street parking. Off-street parking shall be provided
on the site in the following ratio:
|
Type of Use
|
Minimum Requirements
|
---|
|
Efficiency units
|
1.0 space per unit
|
|
1-bedroom units
|
1.25 spaces per unit
|
|
2-bedroom units
|
1.5 spaces per unit
|
|
3-bedroom units
|
2.0 spaces per unit
|
|
Retail/office
|
1.0 space for each 200 square feet of gross
floor area
|
(4) Other requirements.
(a)
No residential uses shall be permitted on the
ground floor or on any floor below a nonresidential use, except that
there may be one apartment for maintenance personnel, but that apartment
shall not share an entrance with the nonresidential uses.
(b)
Nonresidential uses shall not occupy more than
40% of the gross floor area of all structures on the site.
(c)
Design guidelines. The following guidelines
shall be considered in reviewing an application for a special permit
and shall only be varied upon a finding that the objectives of this
section are better served by an alternate plan.
[1]
The total horizontal cross section of any buildings
over 30 feet in height shall not exceed 40% of the total site area.
[2]
Required front yards shall be landscaped and
shall not be paved, except for necessary access drives and walkways.
[3]
The location and materials of buildings over
30 feet in height shall be reviewed to evaluate their effect on views
and sight lines from adjacent residential districts and shall not
substantially obstruct or conflict with such view.
[4]
Service areas and parking lots shall be screened
from adjacent residential districts by landscaping, walls or fences
of a height and design deemed necessary to protect adjacent residences.
[5]
The mixed-use development shall undergo the review provided for in §
240-47E of the Code, however, the referral to the Board of Architectural Review mandated in §
240-47E(5) and
(6) shall be made by the Planning Board, instead of the Town Board, and the Board of Architectural Review shall render its advisory opinion in connection with the matters listed in §
240-47E(5) and
(6) to the Planning Board and not the Town Board.
F. Procedures for obtaining special permit.
(1) The Town Board shall issue special permits for mixed-use developments in the B-MUB Zone. Articles
IX and
XIV of Chapter
240 of the Code shall not apply to an application for a special permit made pursuant to this section of the Code.
(2) Application submission; public hearings.
(a)
A person or entity seeking a special permit shall submit the application for such permit to the Town Board. That application shall be accompanied by all of the documents required by §
177-10 of the Code for an application for site plan approval. The Town Board shall refer the application for a special permit to the Planning Board for a written advisory opinion thereon.
(b)
The Town Board shall not issue such permit without
first conducting a public hearing on the application. Such public
hearing shall not be held until the earlier of the Town Board's receipt
of the Planning Board's advisory opinion or the 60th day following
the date that the referral is received by the secretary of the Planning
Board. An application for a special permit shall not be considered
as having been received by the Town Board within the meaning of § 274-b(6)
of the New York Town Law until the later of the date on which all
proceedings pursuant to Article 8 of the New York Environmental Conservation
Law have been completed or the earliest date on which the Town Board
may conduct a public hearing with respect to the application for a
special permit.
(3) Although the referral of the application for a special permit to the Planning Board for an advisory opinion is not an application for site plan approval and shall not be construed as such, the Planning Board shall treat the referral as if it were an application for site plan approval and apply all of the provisions of Chapter
177 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application for the special permit to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a special permit is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a site plan application. Each of the bodies or persons to whom the Planning Board refers the application for a special permit shall review that application as if it were reviewing an application for site plan approval.
[Amended 1-20-2016 by L.L. No. 1-2016]
(4) All written comments pertaining to the application
for a special permit submitted to the Planning Board or to any of
the bodies or persons to whom the Planning Board shall have referred
such application shall accompany the Planning Board's advisory opinion
to the Town Board.
(5) If the Town Board grants a special permit, the person or entity to whom the special permit shall have been issued may apply to the Building Inspector or the Director of Building Code Enforcement and Land Use Administration for a building permit without having to obtain site plan approval pursuant to Chapter
177 of the Code. The conditions contained in the special permit shall be part of any building permit issued for a mixed-use development.
[Amended 1-20-2016 by L.L. No. 1-2016]
G. Criteria for deciding whether to grant a special permit pursuant to this section. In determining whether to grant a special permit, the Town Board shall apply the standards contained in §
240-62 of the Code, shall consider whether the person or entity applying for such permit has offered to construct or fund improvements which would ameliorate parking and traffic control in the Washington Square area of the Town and shall attach such conditions and safeguards to the special permit as are necessary to assure that all applicable standards and requirements will continue to be met.
[Added 11-20-2013 by L.L.
No. 6-2013]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
AMI
The area median income for the County of Westchester as defined
annually by the United States Department of Housing and Urban Development
(HUD). If HUD ceases to publish the area median income for the County
of Westchester, statistics on the area median income for the County
of Westchester shall be taken from information developed by another
reliable source, such as the County of Westchester or the State of
New York.
FAH
Refers to both for-purchase fair and affordable housing units
and rental fair and affordable housing units.
B. Required fair and affordable housing unit component.
(1) Calculation of required number.
(a)
The required number of FAHs in a development shall be calculated
as follows:
|
Number of Dwelling Units in Development (including FAHs)
|
Required FAHs
|
---|
|
1 to 4
|
None
|
|
5 to 14
|
1
|
(b)
If a development consists of 15 or more dwelling units, no fewer
than 10% of those units shall be FAHs. If multiplying the number of
dwelling units by 10% results in a remainder of 0.5 or more, the number
of FAHs shall be the next higher whole number.
(2) The required FAHs shall be either PFAHUs or RFAHUs or a combination
of both.
(3) All FAHs shall be marketed in accordance with the Westchester County
Fair and Affordable Housing Affirmative Marketing Plan.
C. Maximum rent and sales price. The maximum gross sales price for a
PFAHU and the maximum monthly rent for a RFAHU shall be established
in accordance with HUD 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 or as such guidelines
may be revised from time to time.
D. Minimum period of affordability.
(1) PFAHUs must remain PFAHUs for at least 50 years from the date they
are first sold.
(2) RFAHUs must remain RFAHUs for at least 50 years from the date their
initial certificates of occupancy are issued.
E. Restrictive covenant. A property containing FAHs must be restricted
so that the terms of this section shall apply to such units for as
long as they must remain FAHs through a declaration of restrictive
covenants in recordable form acceptable to the counsel for the Town.
Among other provisions, the covenants shall require that the unit
be the primary residence of the household selected to occupy the unit
and shall contain the resale and lease renewal requirements mandated
by this section. No certificate of occupancy (temporary or permanent)
shall be issued for any of the units in the development until the
Town receives a copy of such covenant, as recorded by the Westchester
County Clerk.
F. Review process.
(1) Notwithstanding §
190-1 of the Code, the Town Board shall be the board with the power to approve or disapprove subdivision plats for any such application that proposes five or more FAHs in either single-family dwellings, two-family dwellings or a combination of both. In doing so, all of the procedures of Chapter
190 of the Code shall be followed; however, in addition, the Town Board shall refer the application to the Planning Board for a written advisory opinion. The Town Board shall not conduct a public hearing on the application until the earlier of the Town Board's receipt of the Planning Board's advisory opinion or the 60th day following the date that the secretary of the Planning Board receives the referral.
(2) Although the referral made hereunder is for an advisory opinion, the Planning Board shall apply all of the provisions of Chapter
190 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a subdivision approval is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a subdivision which the Planning Board does have the power to approve or disapprove. Each of the bodies to whom the Planning Board refers the application shall review the application in the same manner as that body reviews applications for subdivisions that the Planning Board has the power to approve or disapprove.
[Amended 1-20-2016 by L.L. No. 1-2016]
(3) All written comments pertaining to the application submitted to the
Planning Board or to any of the bodies or persons to whom the Planning
Board shall have referred such application shall accompany the Planning
Board's advisory opinion to the Town Board.
(4) Any application for the approval of a subdivision plat that proposes four or fewer FAHs in either single-family dwellings, two-family dwellings or a combination of both shall be approved or disapproved by the Planning Board pursuant to Chapter
190 of the Code.
(5) Notwithstanding §
177-4 of the Code, the Town Board shall be the board with the power to approve or disapprove site plans with respect to any such application that proposes 10 or more FAHs in one or more multifamily buildings. In doing so, all of the procedures of Chapter
177 of the Code shall be followed; however, in addition, the Town Board shall refer the application to the Planning Board for a written advisory opinion. The Town Board shall not conduct a public hearing on the application until the earlier of the Town Board's receipt of the Planning Board's advisory opinion or the 60th day following the date that the secretary of the Planning Board receives the referral.
(6) Although the referral made hereunder is for an advisory opinion, the Planning Board shall apply all of the provisions of Chapter
177 of the Code to the referral, except that the Planning Board shall have the discretion to decide whether or not to conduct a public hearing. Accordingly, before rendering its advisory opinion to the Town Board, the Planning Board shall refer the application to the Board of Architectural Review, the Coastal Zone Management Commission, the Traffic Committee, the Town Engineer, the Building Inspector or the Director of Building Code Enforcement and Land Use Administration, the Fire Department, the County Planning Department and the State Department of Transportation (if the property for which a site plan approval is being sought has frontage along a state highway) and all other local, state, county, regional and federal agencies that would have jurisdiction if the referral from the Planning Board were made in connection with a site plan which the Planning Board does have the power to approve or disapprove. Each of the bodies to whom the Planning Board refers the application shall review the application in the same manner as that body reviews applications for site plans that the Planning Board has the power to approve or disapprove.
[Amended 1-20-2016 by L.L. No. 1-2016]
(7) An application for a site plan shall not be considered as having
been received by the Town Board within the meaning of § 274-b(6)
of the New York Town Law until the later of the date on which all
proceedings pursuant to Article 8 of the New York Environmental Conservation
Law have been completed or the earliest date on which the Town Board
may conduct a public hearing with respect to the application.
(8) All written comments pertaining to the application submitted to the
Planning Board or to any of the bodies or persons to whom the Planning
Board shall have referred such application shall accompany the Planning
Board's advisory opinion to the Town Board.
(9) Any application for the approval of a site plan that proposes nine or fewer FAHs in one or more multifamily buildings shall be approved or disapproved by the Planning Board pursuant to Chapter
177 of the Code.
G. Unit appearance and integration.
(1) It is permissible to construct a single-family FAH on a lot located
in the R-50, R-30, R-20 or, R-15 Zoning District that does not meet
the minimum lot size for a single-family dwelling in the zoning district
where the proposed development is situated so long as the lot has
at least 75% of the minimum lot area required for a single-family
dwelling in that zoning district. All other bulk and dimensional requirements
for such undersized lot shall comply with such requirements for the
zoning district in which the lot is located.
(2) If the FAH is a single-family dwelling or part of a two-family dwelling
located in the R-2F, R-GA, R-A, R-TA or B-MUB Zoning District, it
must meet the bulk and dimensional requirements for a single-family
dwelling in the R-6 Zoning District.
(3) As much as possible, all FAHs shall be indistinguishable in appearance,
where it is sited, and exterior design from the other freestanding
dwellings in the development. Interior finishes and furnishings may
be reduced in quality and cost to assist in lowering the cost of developing
FAHs.
(4) FAHs shall be physically integrated into the design of multifamily
structures and shall be distributed among various sizes in the same
proportion as all other units in the development. The exterior appearance
of the FAHs shall be indistinguishable from the other units within
the development. Interior finishes and furnishings may be reduced
in quality and cost to assist in lowering the cost of developing FAHs.
H. Minimum floor area.
(1) The minimum gross floor area for each FAH may be between 80% and
100% of the average floor area of the housing units in the development
which are not FAHs but not 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)
|
(2) For the purposes of §
240-28I, no more than 1/3 of the square footage of paved terraces or balconies may be counted toward minimum gross floor area.
I. Occupancy standards. The following occupancy schedule shall apply
to FAHs:
|
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
|
J. Affirmative marketing.
(1) During the period that a dwelling unit must be a PFAHU, it shall
be sold and resold only to natural persons and shall not be sold to
anyone who is a member of a household that has an annual income greater
than 80% of the AMI.
(2) During the period that a dwelling unit must be an RFAHU, it shall
only be rented and rerented to natural persons and shall not be rented
to anyone who is a member of a household that has an annual income
greater than 60% of the AMI.
(3) Solicitation for the sale or the rental of FAHs shall be done 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) During the period that a dwelling unit must be a PFAHU, the price
at which it may be sold after the initial sale 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 i) the month that was two months earlier than
the date on which the seller acquired the unit and ii) 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 County of Westchester will designate
a substitute index; and
(b)
The cost of 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.
(2) Notwithstanding the foregoing, the resale price shall not exceed
an amount that would make the annual cost of ownership, including
common charges, mortgage payments, taxes and insurance, exceed 33%
of 80% of the AMI, adjusted for the size of the family at the time
of the resale.
L. Lease renewal requirements. Tenants of RFAHUs may sign leases for a term of no more than two years. As long as the household to which the tenant belongs remains eligible for housing pursuant to §
240-28 and has complied with the terms of the lease, the tenant 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. If no such provisions are applicable and if the annual gross income of the household to which the tenant belongs should subsequently exceed the maximum then allowable, under this section, the tenant may complete the then current lease term and shall be offered a rental unit which is not an RFAHU at the termination of the lease term, if one is available. If no such dwelling unit is available at that time, the tenant may be allowed to sign one additional one-year lease for the RFAHU but shall not be offered a renewal of the lease beyond the expiration of that term.
M. Administrative and monitoring agency. The County of Westchester is
designated as the agency that will be responsible for administering
the provisions of this section and determining compliance therewith.
N. Expedited project review process.
(1) Preapplication meeting. An applicant for a development of FAHs ("applicant")
shall be entitled to attend at least one preapplication meeting at
which representatives from each municipal agency, board, commission
and staff expected to play a role in the review and approval of the
development, application and construction will attend. 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.
(2) Meeting schedule and timeline. The Town's departments, agencies,
authorities, boards, commissions, councils, committees and staff shall
endeavor to honor the proposed meeting schedule and conceptual timeline
established at the preapplication to the extent possible during the
review and approval process, provided that the applicant demonstrates
cooperation and adheres to the schedule and conceptual timeline. Should
the approval process extend beyond one year, an applicant shall be
entitled to at least one additional meeting per year with the same
departments, agencies, authorities, boards, commissions, councils
or committees to review any and all items discussed at previous preapplication
meetings.