[Added 3-21-2006 by L.L. No. 2-2006[1]]
[1]
Editor's Note: This local law also provided
that it shall not apply to residential developments which have agreed
to provide a set aside for affordable housing under memorandum of
understanding and/or land disposition and development agreement with
the City of New Rochelle, fully executed prior to the effective date
of this local law, and shall not apply to residential developments
whose residential development applications have been finally approved
prior to the effective date of this local law. In addition, it provided
that it shall apply to all other residential developments which have
not obtained building permits prior to the effective date of this
local law, and shall apply to all buildings containing low-income
housing units and/or moderate-income housing units which have not
obtained demolition permits prior to the effective date of this local
law.
A.
Purpose. The City Council of the City of New Rochelle
is deeply concerned that there are insufficient opportunities for
individuals and families of Low Income, Moderate Income, and Median
Income to purchase or rent dwelling units in the City. In order to
enhance the public welfare and to promote the well-being of the City's
current and future residents, the Council believes that it is essential
that new residential and mixed-use developments involving the construction
of more than two new dwelling units be required to include dwelling
units for individuals and families of Moderate Income in Rental Housing
and dwelling units for individuals and families of Median Income in
Purchase Housing or, in the alternative, be required to make payments
to an Affordable Housing Fund to assist in the development of housing
opportunities for individuals and families of Low Income and Moderate
Income in the City. Further, this Council believes that it is essential
that dwelling units for individuals and families of Low Income and
Moderate Income which are scheduled for demolition be replaced with
new affordable housing or, in the alternative, payments be made to
an Affordable Housing Fund to assist in the development of housing
opportunities for individuals and families of Low Income and Moderate
Income in the City.
B.
BONUS FLOOR AREA
LOW INCOME
LOW-INCOME HOUSING UNITS
MARKET-RATE PURCHASE HOUSING
MARKET-RATE RENTAL HOUSING
MEDIAN INCOME
MEDIAN-INCOME HOUSING UNITS
MODERATE INCOME
MODERATE-INCOME HOUSING UNITS
PURCHASE HOUSING
RENTAL HOUSING
RESIDENTIAL DEVELOPMENT
RESIDENTIAL DEVELOPMENT APPLICATION
Definitions. As used in this article, the following
terms shall have the meanings indicated:
That square footage of extra floor area permitted in a Residential
Development, which extra floor area shall equal 150% of that square
footage of floor area in such Residential Development devoted to Low-Income
Housing Units, Moderate-Income Housing Units, and/or Median-Income
Housing Units, as the case may be.[1]
Annual household income which does not exceed 60% of the
Westchester County median annual income for its household size (based
on U.S. Census and as updated by HUD).
Dwelling units constructed for individuals and families whose
annual household income does not exceed 60% of the Westchester County
median annual income for their household size (based on U.S. Census
and as updated by HUD), and whose combined annual rental cost and
tenant-paid utilities do not exceed 30% of said income, or for homeowners
(single-family, residential condominium, or residential cooperative
apartment), the annual total of the sum of secured loan principal,
secured loan interest, private mortgage insurance, property taxes,
home insurance, common charges, and homeowner-paid utilities does
not exceed 30% of said household income.
Dwelling units in single-family, residential condominium,
and residential cooperative apartment buildings which are purchased
for residency by the owner thereof at market-rate purchase prices,
without governmental or other subsidy to such owner.
Dwelling units in single-family, two-family, multifamily,
residential condominium, and residential cooperative apartment buildings
which are rented for residency by the tenant thereof at market-rate
rental rates, without governmental or other subsidy to such tenant.
Annual household income which does not exceed 100% of the
Westchester County median annual income for its household size (based
on U.S. Census and as updated by HUD).
Dwelling units constructed for individuals and families whose
annual household income does not exceed 100% of the Westchester County
median annual income for their household size (based on U.S. Census
and as updated by HUD), and whose combined annual rental cost and
tenant-paid utilities do not exceed 30% of said income, or for homeowners
(single-family, residential condominium, or residential cooperative
apartment), the annual total of the sum of secured loan principal,
secured loan interest, private mortgage insurance, property taxes,
home insurance, common charges, and homeowner-paid utilities does
not exceed 30% of said household income.
Annual household income which does not exceed 80% of the
Westchester County median annual income for its household size (based
on U.S. Census and as updated by HUD).
Dwelling units constructed for individuals and families whose
annual household income does not exceed 80% of the Westchester County
median annual income for their household size (based on U.S. Census
and as updated by HUD), and whose combined annual rental cost and
tenant-paid utilities do not exceed 30% of said income, or for homeowners
(single-family, residential condominium, or residential cooperative
apartment), the annual total of the sum of secured loan principal,
secured loan interest, private mortgage insurance, property taxes,
home insurance, and common charges, and homeowner-paid utilities does
not exceed 30% of said household income.
Dwelling units in single-family, residential condominium,
and residential cooperative apartment buildings which are purchased
for residency by the owner thereof.
Dwelling units in single-family, two-family, multifamily,
residential condominium, and residential cooperative apartment buildings
which are rented for residency by the tenant thereof.
A residential or mixed-use development involving the construction
of three or more new dwelling units.
[Amended 4-19-2016 by Ord. No. 96-2016]
An application for final subdivision, site plan, or special
permit approval which proposes the construction of three or more new
dwelling units.
[Amended 4-19-2016 by Ord. No. 96-2016]
[1]
Editor’s Note: The definition of “Downtown Area”
that immediately followed, was repealed 4-19-2016 by Ord. No. 96-2016.
C.
Inclusion of Affordable Dwelling Units in Rental Housing.
(1)
Each Residential Development Application which proposes
the construction of more than two dwelling units of Rental Housing
shall provide moderate-income housing as set forth below.
[Amended 12-8-2015 by Ord. No. 233-2015; 4-19-2016 by Ord. No. 96-2016; 4-20-2021 by Ord. No. 2021-58]
(a)
The minimum required amount of affordable housing shall be equivalent
to a 10% set-aside at 70% area median income (AMI) and can be achieved
through a system of credits as follows:
|
Schedule of Affordable Housing Credit Values
| |
|---|---|
|
Level of Affordability
(Target Household AMI)
|
Affordable Housing Credits
|
|
80%
|
0.5
|
|
70%
|
1
|
|
60%
|
1.5
|
|
50%
|
2
|
|
40%
|
2.5
|
(2)
Moderate-Income Housing Units shall be generally distributed
throughout the Rental Housing; shall not be distinguished as a class
from the Market-Rate Rental Housing; shall be distributed among one-,
two-, and three-bedroom units in the same proportion as the dwelling
units in the Market-Rate Rental Housing; and shall each have a floor
area of not less than 90% of the average floor area of the dwelling
units in the Market-Rate Rental Housing.
(3)
Moderate-Income Housing Units shall only be re-rented
to individuals or families who are of Moderate Income at the time
of such re-rental, and the rent for such re-rental shall not exceed
the then rent for a Moderate-Income Housing Unit.
(4)
Each Residential Development Application for Rental Housing containing Moderate-Income Housing Units shall include a draft Declaration of Restrictive Covenants, which Declaration shall set forth and particularize the requirements set forth in Subsection C(1) through (3) above, and which shall be recorded against the property containing the Moderate-Income Housing Units prior to issuance of the first temporary or permanent certificate of occupancy for the Residential Development. Such Restrictive Covenants shall run for a term to be determined by the Commissioner of Development but at no time for a term limit to be less than 30 years. The Declaration shall include rules and regulations for insuring compliance with the Restrictive Covenants. The City's Department of Development and/or one or more nonprofit entities to be designated by the City Council shall administer and enforce such compliance program. The form and substance of such Declaration shall be subject to approval of the City's Corporation Counsel and Commissioner of Development.
[Amended 10-16-2012 by Ord. No. 171-2012]
(5)
In lieu of providing all or a part of such Moderate-Income Housing Units in the Rental Housing, the Residential Development Application shall provide for payment to the City’s Affordable Housing Fund, in accordance with the payment schedule set forth in Chapter 133, Fees, of the New Rochelle City Code. Such payment shall be made prior to issuance of the first building permit for construction of the Rental Housing. Any Partial Replacement Housing Units Demolition Payments or Residential Development Demolition Payments paid in connection with Subsection E(1)(b) or (c) below shall be credited against the payment due hereunder.
[Amended 4-19-2016 by Ord. No. 96-2016[2]]
[2]
Editor’s Note: This ordinance also repealed former Subsection
C(6), as amended, which provided for density bonuses for some rental
housing, and former Subsection C(7), which required payment to the
Affordable Housing Fund for residential development applications proposing
the construction of more than two and fewer than 11 dwelling units
of rental housing outside the Downtown Area.
(6)
Local Preference. Affordable units created in projects outside
of the Downtown Overlay Zone ("DOZ") in New Rochelle shall be allocated
in the following order of priority:
[Added 11-15-2016 by Ord.
No. 233-2016; amended 9-17-2019 by Ord. No. 2019-174]
(7)
Local Preference for Downtown Overlay Zone ("DOZ") projects.
New development projects utilizing the Downtown Overlay Zone in New
Rochelle shall be allocated in the following order of priority:
[Added 9-17-2019 by Ord.
No. 2019-174]
D.
Inclusion of Affordable Dwelling Units in Purchase
Housing.
(1)
Each Residential Development Application which proposes the construction of more than two dwelling units of Purchase Housing shall provide floor area in such Residential Development set aside for Median-Income Housing Units. (NOTE: Residential Development Applications proposed within the Downtown Overlay Zone may satisfy this requirement on-site or off-site on property located within the Downtown Overlay Zone. Such affordable units, whether on-site or off-site, shall be commensurate in size, unit type, and finishings to the market-rate units of the associated project.) The floor area devoted to Median-Income Housing Units shall comprise at least 10% of the floor area devoted to Market-Rate Purchase Housing in the Residential Development. The floor area square footage of any Replacement Housing Units or Partial Replacement Housing Units proposed under Subsections E(1)(a) and (b) below shall be credited against this requirement.
[Amended 12-8-2015 by Ord. No. 233-2015; 4-19-2016 by Ord. No. 96-2016]
(2)
Median-Income Housing Units shall be generally distributed
throughout the Purchase Housing; shall not be distinguished as a class
from the Market-Rate Purchase Housing; shall be distributed among
one-, two-, three-, and four-bedroom units in the same proportion
as the dwelling units in the Market-Rate Purchase Housing; and shall
each have a floor area of not less than 90% of the average floor area
of the dwelling units in the Market-Rate Purchase Housing.
(3)
Median-Income Housing Units shall only be resold to
individuals or families who are of Median-Income at the time of such
resale, and the sales price for such resale shall not exceed the then
sales price for a Median-Income Housing Unit.
(4)
Each Residential Development Application for Purchase Housing containing Median-Income Housing Units shall include a draft Declaration of Restrictive Covenants, which Declaration shall set forth and particularize the requirements set forth in Subsections D(1) through (3) above, and which shall be recorded against the Median-Income Housing Units in the Purchase Housing prior to issuance of the first temporary or permanent certificate of occupancy for the Residential Development. Such Restrictive Covenants shall run for the life of the building in which such Median-Income Housing Units are located. The Declaration shall include rules and regulations for insuring compliance with the Restrictive Covenants. The City's Department of Development and/or one or more not-for-profit entities to be designated by the City Council shall administer and enforce such compliance program. The form and substance of such Declaration shall be subject to approval of the City's Corporation Counsel and Commissioner of Development.
(5)
In lieu of providing all or a part of such Median-Income Housing Units in the Purchase Housing, the Residential Development Application shall provide for payment to the City’s Affordable Housing Fund, in accordance with the payment schedule set forth in Chapter 133, Fees, of the New Rochelle City Code. Such payment shall be made prior to issuance of the first temporary or permanent certificate of occupancy for construction of the Purchase Housing. Any Partial Replacement Housing Units Demolition Payments or Residential Development Demolition Payments paid in connection with Subsection E(1)(b) or (c) below shall be credited against the payment due hereunder.
[Amended 4-19-2016 by Ord. No. 96-2016[3]]
[3]
Editor’s Note: This ordinance also repealed former Subsection
D(6), as amended, which provided for density bonuses for some purchase
housing, and former Subsection D(7), which required payment to the
Affordable Housing Fund for residential development applications proposing
the construction of more than two and fewer than 11 dwelling units
of purchase housing outside the Downtown Area.
(6)
Local Preference. Affordable units created in projects in New
Rochelle shall be allocated in the following order of priority:
[Added 11-15-2016 by Ord.
No. 233-2016]
E.
Payment for Demolition of Building Containing Low-Income
Housing Units and/or Moderate-Income Housing Units.
(1)
Each application to the Building Bureau for demolition
of a building which contains Low-Income Housing Units and/or Moderate-Income
Housing Units shall be accompanied by one of the following:
(a)
A Residential Development Application which
proposes construction, within two years of the date of issuance of
the demolition permit for such building ("Demolition Permit"), of
new Moderate-Income Housing Units of Rental Housing and/or new Median-Income
Housing Units of Purchase Housing on the property subject to such
Residential Development Application, which new Units shall contain
aggregate floor area square footage at least equal to the aggregate
floor area square footage of the Low-Income Housing Units and/or Moderate-Income
Housing Units proposed to be demolished ("Replacement Housing Units");
(b)
A Residential Development Application which proposes construction of a portion of the Replacement Housing Units within two years of the date of issuance of the Demolition Permit ("Partial Replacement Housing Units"), together with a payment equal to the square footage of the balance of the Replacement Housing Units, were they to be constructed, multiplied by the fee set forth in Chapter 133, Fees, of the New Rochelle City Code, ("Partial Replacement Housing Units Demolition Payment");
(c)
A Residential Development Application which does not propose construction of any Replacement Housing Units, together with a payment equal to the aggregate floor area square footage of the Low-Income Housing Units and/or Moderate-Income Housing Units proposed to be demolished, multiplied by the fee set forth in Chapter 133, Fees, of the New Rochelle City Code ("Residential Development Demolition Payment"); or
(d)
In the event no Residential Development Application is submitted, a payment equal to the floor area square footage of the Low-Income Housing and/or Moderate-Income Housing Units proposed to be demolished multiplied by the fee set forth in Chapter 133, Fees, of the New Rochelle City Code ("Demolition Payment").
(2)
In the event the applicant for the Demolition Permit
proposes to construct Replacement Housing Units or Partial Replacement
Housing Units, the applicant therefor shall post an irrevocable, unconditional
letter of credit naming the City of New Rochelle as sole payee thereof,
in an amount equal to the Replacement Housing Units Payment that would
be payable were no Replacement Housing Units proposed to be constructed
less any Partial Replacement Housing Units Payment paid hereunder
("Replacement Housing Units Letter of Credit"). In the event certificates
of occupancy for all the Replacement Housing Units or Partial Replacement
Housing Units, as the case may be, are not obtained within two years
of the date of issuance of the Demolition Permit, the Replacement
Housing Units Letter of Credit shall be drawn down in full by the
City and the proceeds thereof shall be paid into the Affordable Housing
Fund.
F.
Affordable Housing Fund.
(1)
In-lieu payments and demolition payments made pursuant to Subsections C(5), D(5), and E(1) above shall be deposited in the City's Affordable Housing Fund which shall be invested by the City's Commissioner of Finance. The monies in such Affordable Housing Fund may be appropriated by the City Council, and if so appropriated, shall be administered by the City's Commissioner of Development and/or one or more not-for-profit entities to be designated by the City Council, to facilitate the following Affordable Housing Programs:
[Amended 4-19-2016 by Ord. No. 96-2016]
(a)
Acquisition of land in the City which is suitable
for the construction of Low-Income Housing Units and Moderate-Income
Housing Units;
(b)
Construction of Low-Income Housing Units and
Moderate-Income Housing Units in the City;
(c)
Renovation or rehabilitation of existing dwelling
units in the City for Low-Income Housing Units and Moderate-Income
Housing Units; and/or
(d)
Direct assistance to persons purchasing Moderate-Income
Housing Units in the City with preference given, whenever possible,
to New Rochelle residents.
(e)
Infrastructure improvements to facilitate the development of
affordable units.
[Added 10-16-2018 by Ord.
No. 2018-215]
(f)
Eligible federal, state or local down payment assistance programs.
[Added 4-20-2021 by Ord. No. 2021-58]
(2)
The administration, rules, and regulations for each
of such Affordable Housing Programs shall be approved by the City
Council prior to allocation of monies from the Affordable Housing
Fund for such Programs. All costs of administration shall be paid
from the Affordable Housing Fund.
(3)
The monies appropriated from the Affordable Housing
Fund for such Affordable Housing Programs shall be allocated so that
the aggregate floor area square footage of new Low-Income Housing
Units and Moderate-Income Housing Units created through the assistance
of such Fund shall not, in any given City Council District over any
given ten-year period, exceed 50% of the total floor area square footage
of such Low-Income Housing Units and Moderate-Income Housing Units
so created in the entire City during such period of time. The City
Council may waive this maximum percentage limitation, in its sole
and absolute discretion, on a finding that an appropriation from the
Affordable Housing Fund in excess of such limitation is essential
to furthering the goals and objectives of the Affordable Housing Program.
