[Added 3-18-1996 by L.L. No. 1-1996]
For the purpose of allowing appropriate development
on transitional sites in the Village where housing can be built with
convenient access to Saw Mill River Road (Route 9A) and in proximity
to shopping areas and community facilities, the R-4 Residential District
is hereby established.
B.
Standards and requirements. Standards and requirements
shall be as follows:
(1)
Maximum density: one dwelling unit for each
4,000 square feet of lot area.
(2)
Maximum building height: two stories and 30
feet.
(3)
Maximum building coverage: 18%.
(4)
Maximum building size: 8000 square feet of gross
floor area.
(5)
Minimum distance between buildings: 15 feet.
(6)
Minimum building setback from adjacent street
right-of-way: 30 feet.
(7)
Minimum side and rear yard adjacent to a business
district: 20 feet.
(8)
Minimum side and rear yard adjacent to a residential
district: 30 feet.
(9)
Minimum buffer area required: 10 feet adjacent
to any business district and 20 feet adjacent to any residential district,
except where alternate screening, acceptable to the Village Board
of Trustees, is to be provided.
(10)
Minimum off-street parking requirement: one
space per dwelling unit plus 1/2 space per bedroom plus 10% visitor
parking, except that for any such dwelling units limited in occupancy
to senior citizens, the required number of spaces per bedroom shall
be reduced to 1/4.
[Added 11-16-2009 by L.L. No. 4-2009]
There is hereby created a Workforce/Affordable Housing Overlay
District. The boundary of said district is coterminous with the R-4
District: Residential District located along Saw Mill River Road in
the vicinity of Revolutionary Road.
A.
B.
Household eligibility and priorities.
(1)
Eligibility. To be eligible to purchase or rent a workforce
housing unit, the household's aggregate annual income (including the
total of all current annual income of all family members from any
source whatsoever at the time of application, but excluding the earnings
of those under 21 years of age attending school full-time) must be
120% or lower than the Westchester County median family income for
a family of a particular size as determined by the United Stated Department
of Housing and Urban Development (HUD). Annually, the maximum family
income shall be recalculated and set by resolution of the Village
Board, or its designee, and shall be on file with the Village Clerk.
(2)
Priorities for workforce housing. Among income-eligible households,
initial priority to purchase or rent workforce housing units shall
be given to the following types of households, in order:
(a)
Volunteer firefighters and emergency service volunteers for
the Village of Ardsley. Volunteers who have been enrolled as active
members of an incorporated volunteer fire company or incorporated
voluntary ambulance service serving the Village of Ardsley for at
least five years shall have priority over volunteers who have served
for shorter periods;
(b)
Employees of the Village of Ardsley;
(c)
Residents of the Village of Ardsley who are employees of the
Ardsley School District (including non-teaching and nonadministrative
positions);
(d)
Residents of the Village of Ardsley who are veterans of the
armed services;
(e)
Residents of the Village of Ardsley;
(f)
Other persons employed in the Village of Ardsley;
(g)
Senior citizens living outside the Village of Ardsley;
(h)
Relatives of residents of the Village of Ardsley;
(i)
Other residents of Westchester County; and
(j)
All others. After 60 days from the date on which such units
are initially offered for purchase or rental, the opportunity to purchase
or rent may be made available to other income-eligible households.
(4)
Priorities for affordable housing. In the event that the number
of applicants for affordable housing exceeds the number of available
units, units shall be allotted on a lottery basis.
C.
Development standards.
(1)
Siting of workforce and affordable housing units. All workforce
and affordable housing units constructed under this section shall
be appropriately mixed into the proposed development and integrated
with the market-rate units in a manner acceptable to the Planning
Board.
(2)
Minimum design and construction standards for workforce and
affordable housing units. Workforce and affordable housing units shall
be integrated with the rest of the development and shall be compatible
in both interior and exterior design, appearance, construction and
quality of materials with other units. The workforce and affordable
housing units shall be indistinguishable on the exterior from the
market-rate units, but shall have no less than 80% of the square footage
of market-rate units for the same number of bedrooms.
(3)
Timing of construction or provision of workforce and affordable
housing units. The construction of workforce and affordable housing
units shall occur proportionately with the construction of the market-rate
units in the development.
D.
Administration.
(1)
The Village Board may designate such person(s), authorities
and procedures as necessary to monitor compliance with the provisions
of this section.
(2)
When a multifamily development contains 20% or more of either
workforce and/or affordable units, the Village Board, Planning Board
and/or Zoning Board may:
(a)
Waive certain application fees for applicants proposing to build
workforce and/or affordable housing units in the Village of Ardsley;
(b)
Consider such other forms of assistance which may be under the
control of the Village of Ardsley; and
(c)
Actively assist in obtaining assistance of federal, state or
other agencies in support of workforce and/or affordable housing development.
(3)
No development owner containing workforce and/or affordable
housing units or subsequent workforce and/or affordable housing unit
owner may discriminate against or deny occupancy to any eligible household
in the sale or rental of a workforce and/or affordable housing unit
based upon race, color, sex, religion or sect, or ethnicity, national
origin, familial status, sexual orientation, disability status, veteran
status or genetic information.
E.
Assurances.
(1)
Deed restrictions. The landowner and developer must agree to
file a declaration at the time of site plan approval identifying the
units which are workforce and affordable housing units, and restricting
their future sales price and rental price in perpetuity under the
provisions of this chapter. The declaration shall include a provision
requiring that every deed for a workforce and/or affordable housing
unit shall include the following paragraph to inform all future sellers
and buyers that this unit is a workforce and/or affordable housing
unit subject to the provisions of this section:
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"This dwelling has been constructed for use by income eligible
families pursuant to a special program of the Village of Ardsley.
Its future sale (including resale) or rent must be to persons who
qualify with the income requirements and at a price in accordance
with the program."
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(2)
Legal assurances. Each application for a proposed development
containing workforce and affordable housing units shall be accompanied
by appropriate undertakings, deed restrictions, easements and the
like, in form and content satisfactory to the Village Attorney, as
may be necessary to provide for and assure continued proper future
maintenance and ownership responsibilities for all common areas, facilities
and utilities within each stage of development or section thereof.
(3)
Other assurances. The Planning Board may condition its recommendation
of approval of a development containing workforce and affordable housing
units upon the applicant obtaining any other necessary approvals from
the appropriate Village, county or state agencies having jurisdiction
thereof.
(4)
Performance bond. The applicant may be required to post a performance
bond in an amount sufficient in the opinion of the Village Board and
in favor of the Village in the form of a cash payment, surety bond
or letter of credit to assure that all ancillary facilities, utilities
and common areas shown on the proposed site plan are provided, together
with provision for their future maintenance and care. Said performance
bond shall be in form satisfactory to the Village Attorney and shall
extend for a term of not less than five years after full completion
as determined by the Village Board.
(5)
Continued affordability.
(a)
For owner-occupied affordable housing units, the affordable
units shall be sold at a price not to exceed 3.3 times 80% of the
median household income for Westchester County, as established annually
by the United States Department of Housing and Urban Development.
A covenant shall be recorded in the County Clerk's office, which shall
provide that resale of any affordable housing units may not sell for
a price exceeding 3.3 times 80% of the median household income for
Westchester County, as established annually by the United States Department
of Housing and Urban Development. For owner-occupied workforce housing
units, the workforce units shall be sold at a price not to exceed
3.3 times 120% of the median household income for Westchester County,
as established annually by the United States Department of Housing
and Urban Development. A covenant shall be recorded in the County
Clerk's office, which shall provide that resale of any affordable
housing units may not sell for a price exceeding 3.3 times 80% of
the median household income for Westchester County, as established
annually by the United States Department of Housing and Urban Development.
(b)
For rental units, the maximum monthly rent for the affordable
units shall not exceed 30% times 80% of the median household income
for Westchester County, as established annually by the United States
Department of Housing and Urban Development, divided by 12 months.
Said amount shall include utilities and common charges, if any.
