[Added 9-14-1988 by L.L. No. 14-1988, effective 9-22-1988; amended 2-14-1994 by L.L. No. 1-1994, effective 3-3-1994; 5-12-2008 by L.L. No.
5-2008, effective 5-15-2008; 6-23-2014 by L.L. No. 10-2014, effective 7-10-2014; 8-26-2019 by L.L. No.
3-2019, effective 8-28-2019]
A.
Development bonus component. In order to provide a choice of housing
opportunities for a variety of income groups within the Village, in
accordance with the purposes of this article and the policies as set
forth in the Village Comprehensive Plan, residence uses providing
fair and affordable residences are entitled to the development bonuses
set forth in the following schedule:
[Amended 7-10-2023 by L.L. No. 11-2023, effective 7-13-2023]
|
Zoning District
|
Bonus
|
Maximum FAR or coverage - 5 or more units
|
Percentage of fair and affordable housing units required to
achieve bonus
|
Percentage of fair and deeply affordable housing units required
to achieve bonus
|
|---|---|---|---|---|
|
C-2
|
0.5 FAR
|
FAR 2.5
|
100% of units
|
10% of units
|
|
RM-1
|
20% unit bonus
|
2,500 square feet of land/unit
|
50% of units
|
No requirement
|
|
RM-2
|
20% unit bonus
|
1,500 square feet of land/unit
|
50% of units
|
No requirement
|
|
RM-3
|
20% unit bonus
|
1,000 square feet of land/unit
|
50% of units
|
No requirement
|
|
C-1
|
0.5 FAR
|
FAR 1.3
|
50% of units
|
10% of units
|
B.
If 100% of the dwelling units in a development in the C-2 Districts for which a special permit is granted under § 342-50B are fair and affordable residences in accordance with this article and the development is undertaken in cooperation with a state or local affordable housing program or in conjunction with a not-for-profit corporation whose purpose is the creation of fair and affordable housing, the Planning Board may allow the development to be up to six stories and 60 feet, but not more than five stories and 50 feet on Mamaroneck Avenue, and may allow the floor area ratio (FAR) to be up to 2.5.
C.
In order to achieve a compatible building environment, the portion
of the building stories above 40 feet must be set back a minimum of
10 feet from the front lot line.
D.
For buildings and developments in which all of the dwelling units are fair and affordable or fair and deeply affordable, the fee required by § 342-76O(3) and § A348-13B(3) is reduced as set forth in the following table:
[Added 10-26-2020 by L.L.
No. 4-2020, effective 11-10-2020]
|
Type of Dwelling Unit
|
Percent of Required Fee to Be Paid
|
|---|---|
|
Fair and affordable rental housing unit
(annual rent at application, excluding utilities, does not exceed
30% of 80% of AMI)
|
75%
|
|
Rental housing unit in which annual rent at application, excluding
utilities, does not exceed 30% of 60% of AMI
|
50%
|
|
Rental housing unit in which annual rent at application, excluding
utilities, does not exceed 30% of 50% of AMI
|
25%
|
|
Fair and deeply affordable rental housing unit
(annual rent at application, excluding utilities, does not exceed
30% of 40% of AMI)
|
0%
|
|
Fair and affordable housing unit for sale
|
50%
|
|
Fair and deeply affordable housing unit for sale
|
0%
|
E.
Required
affordable housing unit component. Not less than 10% of the total
number of residential units within each development consisting of
10 or more residential units created by subdivision or site plan approval
must be fair and affordable units or fair and deeply affordable units.
Developments consisting of five to nine residential units must contain
at least one fair and affordable or fair and deeply affordable unit.
[Added 7-10-2023 by L.L. No. 11-2023, effective 7-13-2023]
A.
Design. Fair and affordable residences must be physically integrated
into the design of the development in a manner satisfactory to the
Planning Board and must be distributed among efficiency, one-, two-
and three-bedroom units in the same proportion as all other units
in the development, unless a different proportion is approved by the
Planning Board because it is better related to the housing needs,
current or projected, of the Village of Mamaroneck. The fair and affordable
residences must not be distinguishable from market rate units from
the outside of the unit or the building exterior.
B.
Minimum floor area. The minimum gross floor area per dwelling unit
for fair and affordable residences must not be less than the comparable
market rate housing unit in the development, or the following minimums,
whichever is less:
A.
Occupancy guidelines. In renting or selling, the owners of fair and
affordable residences must observe the following guidelines in determining
the rental and sale prices of those units:
|
Number of Persons
| ||
|---|---|---|
|
Number of Bedrooms
|
Minimum
|
Maximum
|
|
Efficiency
|
1
|
1
|
|
1
|
1
|
2
|
|
2
|
2
|
4
|
|
3
|
3
|
6
|
B.
Period of affordability. Owner-occupied fair and affordable residences
must remain affordable in accordance with the provisions of this chapter
for a period of 99 years. Renter-occupied fair and affordable residences
must remain affordable in accordance with the provisions of this chapter
for so long as any portion of the site is used for residential purposes.
C.
Rental and sale of units. During the period of affordability, fair
and affordable housing units created under the provisions of this
article may be sold, resold or rented only to fair and affordable
housing families and fair and deeply affordable housing units created
under the provisions of this article may be sold, resold or rented
only to fair and deeply affordable families.
D.
Maximum rent and sale price.
(1)
During the period of affordability, the maximum yearly rent,
excluding utilities, for a fair and affordable housing unit must not
exceed 30% of 80% of AMI at the time of application, or 30% of 120%
of AMI at the time of renewal, and the maximum gross sales price must
not exceed 2.5 times 80% of AMI.
(2)
During the period of affordability, the maximum yearly rent,
excluding utilities, for a fair and deeply affordable housing unit
must not exceed 30% of 40% of AMI at the time of application, or 30%
of 120% of AMI at the time of renewal, and the maximum gross sales
price must not exceed 2.5 times 80% of AMI.
E.
Recording. Prior to obtaining a certificate of occupancy, the owner
of the development must record an instrument, acceptable in form to
the Village Attorney, which obligates the owner, its successors and
assigns to maintain the fair and affordable housing residences in
accordance with the requirements of this article for the period of
affordability.
A.
Eligibility priorities. Eligible families applying for fair and affordable
housing units and fair and deeply affordable housing units will be
selected for occupancy on the basis of a lottery drawing conducted
on an as-needed basis by the Village or its designated agent. The
Village or its designated agent will establish the list of lottery
winners based on bedroom count and provide the list to the owner or
manager. The owner or manager will then notify the selected families.
[Amended 8-14-2023 by L.L. No. 14-2023, effective 8-18-2023]
B.
Continued eligibility.
(1)
Rental. Families selected for fair and affordable rental units and
fair and deeply affordable rental units must be offered leases for
terms of not more than two years. As long as the family remains eligible
and has complied with the terms of the lease, the family must be offered
a two-year lease renewal at the end of each lease term. If a family's
aggregate annual income at the time of renewal exceeds the maximum
permissible income for eligibility and if there is at that time an
otherwise eligible family for the unit, the family may complete its
current lease term and must be offered a market rate housing unit
available in the development at the termination of the lease term,
if available. If no market rate housing unit is available at the time,
the family may be allowed to sign one additional one-year lease for
the fair and affordable housing unit or fair and deeply affordable
housing unit it occupies but may not be offered a renewal of the lease
beyond the expiration of that term.
(2)
Sales. Title to owner-occupied fair and affordable housing units
and fair and deeply affordable housing units must be restricted so
that when the family sells the unit, the sale price does not exceed
either the then-maximum sale price for the unit, plus an allowable
appreciation of equity equal to 5% of the initial purchase price multiplied
by the number of years the family has owned the unit or the sum of
the amount of any principal payments made by the family, the remaining
principal due on the mortgage, the value of any fixed improvements
made by the family and not otherwise and included and the reasonable
and necessary expenses incidental to the sale, whichever is greater.
[Amended 8-14-2023 by L.L. No. 14-2023, effective 8-18-2023]
A.
The Village or its designated agent will be responsible for the administration
of the purchase and rental of fair and affordable residences and for
the promulgation of rules and regulations as may be necessary to implement
these requirements. The owner or manager of the fair and affordable
residence is responsible initially for determining and certifying
eligibility and must provide certification and documentation of eligibility
to the Village or its designated agent in accordance with its rules
and regulations prior to the fair and affordable housing families
or fair and deeply affordable housing families being placed on the
list for the lottery drawing.
B.
At the time of the issuance of a certificate of occupancy, the Building
Inspector must send a copy of the certificate to the Village or its
designated agent, including a description of the fair and affordable
housing units or fair and deeply affordable housing units and applicable
limitations. The Village or its designated agent will then inform
the owner of the maximum rental or sales charge which may be established
for those units and the eligibility requirements for occupancy of
those units.
C.
Based upon the information provided by the owner or manager of the
fair and affordable residence, the Village or its designated agent
will certify fair and affordable housing families and fair and deeply
affordable housing families as eligible for rental or sales and will
annually reexamine or cause to be reexamined each family's income.
D.
On or before April 1 of each year thereafter, the Village or its
designated agent must notify the owner or manager of each development
containing fair and affordable residences as to the rent, sales and
income eligibility requirements for those residences.
E.
The owner or manager of each development containing fair and affordable
residences must certify to the Village or its designated agent on
or before June 1 of each year that the current rental or sales prices
of all fair and affordable housing residences comply with the requirements
of this article.
