[Amended 12-11-1995 by L.L. No. 6-1995]
A. Legislative intent, purposes and definitions.
(1) The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types and certain indoor signs. It is intended to protect property values and create a more attractive economic climate; to protect and enhance the physical appearance of the community and preserve its scenic, man-made and natural beauty, by ensuring the signage is appropriate to the character of Bronxville and its commercial districts; to reduce sign distractions and obstructions that may be created by signs projecting and obstructions that may contribute to traffic accidents and to reduce hazards which may be created by signs projecting over sidewalks or streets; and to regulate signs in a manner consistent with the legislative intent and purposes set forth in Subsection
A of §
310-43 of this chapter which establishes a Planning Board.
(2) Definitions. For the purposes of this section, the
following terms shall have the following meanings:
BUSINESS ESTABLISHMENT
Any premises, either separate or defined by permanent party
walls within the building, with a common entrance or entrances for
one or more businesses conducted therein.
ERECT
To paint, build, construct, alter, display, relocate, attach,
hang, place, suspend or affix. Such term does not include maintenance
and repair but does include the repainting or refinishing of a sign
in a manner which changes the color or design of the sign or any of
its components.
SIGN
Any material, structure or device which is:
(a)
Composed of letters, pictures or symbols;
(b)
Designed or used for the purpose of attracting
or which does attract, the attention of the public to the subject
matter thereof; and
(c)
Either located out of doors on the exterior
of a building or located inside a building within five feet of the
window or in a manner to be viewed principally by passersby.
SIGN, ILLUMINATED
Any sign, including but not limited to neon, in or upon which
an artificial light source is utilized in a manner to illuminate the
information and graphics of the sign. There are four types:
(a)
SELF-ILLUMINATED:
[1]
TYPE ADirect source wherein the light source itself is shaped and utilized to form the sign (e.g., neon or an array of individual lamps).
[2]
TYPE BInternal illumination wherein a translucent, transparent or opaque material which forms the sign is backlighted by the light source and the light source enclosed from direct view.
(b)
EXTERNALLY ILLUMINATED:
[1]
Direct external illumination wherein the sign
is illuminated by a light source place in a manner to cast light upon
the sign.
[2]
Indirect external illumination wherein the sign,
whether on an opaque, transparent or translucent panel or apply to
the window of the business establishment, is illuminated by ambient
light.
STREET
Any public or private way, street, avenue or road.
B. General standards for signs.
[Amended 10-14-2002 by L.L. No. 3-2002]
(1) The design, character, size and scale of signs shall
be in keeping with and appropriate to the architectural design of
the building or structure upon which they are placed, the design of
neighboring properties and adjoining signs and the character of Bronxville
and its commercial districts.
(2) Except as permitted in Subsection
B(3) below, the number of signs for each business establishment shall be limited to one per street facade with a maximum of two signs per business establishment in the case of buildings located on the corner of a public right-of-way. Such signs may be displayed on the building or an awning or within a window, but not in more than one such location per street facade. Such signs shall be limited to the business name and principal business activity conducted on the premises.
(3) In addition to the sign(s) permitted in Subsection
B(2) above, the following signs may be displayed in business establishments:
(a)
Signs identifying the occupant of a permitted
professional office or studio in a residence. Each sign shall be limited
to one square foot in surface area and there shall be no more than
one such sign for each such occupant on any premises.
(b)
Informational signs not larger than one square
foot in surface area relating to business hours, entrance and egress,
licenses, credit cards or as required by law. Not more than one such
sign per business establishment may be affixed to the glass or a window
or door.
(c)
The name of each business conducted in a business
establishment in letters in a single color may also be displayed on
the main entrance door in letters not over two inches high or on the
bottom edge of one awning in letters not over four inches high, but
not both, and in one window of a second floor business establishment
in letters not over four inches high.
(d)
Temporary signs, advertising display panels,
posters and similar graphic material, provided that such signs comply
with regulations established by the Planning Board.
(4) Further, more specific sign standards may be established by the Planning Board from time to time, pursuant to Subsection
N of this section.
C. Prohibited signs and signs regulated further by the
Planning Board.
(1) The following signs are prohibited:
(a)
Flashing, moving or fluttering signs and signs
which emit smoke, visible vapors or particles, sound or odor.
(b)
Exterior self-illuminated sign (Types A and
B) and interior self-illuminated signs (Types A and B) which are located
closer than five feet from any point to a display window or elsewhere
within the interior in a manner to be viewed principally by passersby.
(c)
Externally illuminated signs (Types C and D),
whether exterior or interior, that:
[1]
Do not identify the name and type of business;
[2]
Are not the principal sign of the business for
that facade; or
[3]
Do not comply with other related provisions authorized by Subsection
N herein.
(d)
Signs affixed to exterior glass, except informational
signs as specified in Subsection J(1)(h) of this section.
(e)
Signs of such a design and location that they
interfere with, compete for attention with or may be mistaken for
a traffic signal.
(f)
Freestanding or projecting signs within an area
bounded by the intersection of the rights-of-way of two or more streets
and points 30 feet from such intersection along the rights-of-way
of such streets, except informational signs erected by a governmental
body.
(g)
Exterior signs containing product or service
advertising, trade names or logotypes separate from the name of the
business.
(h)
Temporary real estate and other trade signs
erected on a property for sale or under renovation, except that "Space
Available" signs shall be permitted in the Central Business District
in compliance with regulations adopted by the Planning Board.
(i)
Signs on any exterior wall of a building above the ground floor, except signs on windows which are otherwise permitted in accordance with this section or which are specifically excepted in Subsection
J below.
(2) The following further sign regulations, pursuant to Subsection
N herein, apply. Prohibited exterior or interior illuminated signs presently displayed shall not be illuminated after six months from the date of this amendment to the Village Code except as allowed for a time by the Planning Board Sign Regulation authorized by Subsection
N herein; provided, however, that any existing sign of Type A or B which was in place prior to the effective date of the Village Ordinance of 1958 and which identifies the name of the business conducted on the premises may be illuminated during the hours the establishment is open for business subject to the Planning Board Sign Regulations authorized by Subsection
N herein.
D. Permit. Except as specifically exempted in Subsection
J below, no sign may be erected or displayed on a building facade, awning or on or within a window without first obtaining a sign permit from the Superintendent pursuant to the results of review by the Design Review Committee and the Planning Board.
E. Application.
(1) An application for a sign permit shall be made to
the Superintendent and shall comply with regulations established by
the Planning Board. The Superintendent shall forward all applications
to the Planning Board for review and report.
(2) The Design Review Committee shall review each permit
application to determine whether the proposed sign is consistent with
the purpose and intent of this section and shall prepare a report
of its findings and recommendations to the Planning Board.
(3) The Superintendent may request a determination or
interpretation from the Planning Board on any provision of this section
prior to taking action hereunder.
F. Hearing and action. Except on occasions when an application is deemed approved pursuant to Subsection
P of this section, the Planning Board shall review each permit application and shall approve, disapprove or approve subject to modifications or conditions, being guided by the purpose and intent of this Zoning Code, the report of the Design Review Committee, and the requirements of this §
310-23, any regulations pertaining to signs adopted by the Planning Board pursuant to Subsection
N of this section and other laws of the Village of Bronxville. The Superintendent shall, within five working days of approval or within five working days of compliance with any modifications or conditions required for approval, as the case may be, issue a permit for the erection of the proposed sign.
[Amended 3-13-2023 by L.L. No. 2-2023]
G. Procedure. The provisions for hearing and notice of hearings on applications for development set forth in Subsections
D and
E of §
310-44 of this chapter shall apply to hearings and notices of hearings on permit applications under this section, except that no notice by personal service or certified mail shall be required. Whenever an application for development includes a proposed sign for which approval by the Planning Board is required under this section, the Planning Board may act upon the proposed sign under the application for development without requiring a separate permit application, notice of hearing and hearing under this section.
H. Permit fees. The permit fees shall be determined by
resolution of the Board of Trustees of the Village of Bronxville.
I. Permit void. A sign permit shall be void if the sign
authorized thereunder has not been erected within 180 days from the
date of issuance. The owner or applicant of said sign shall be responsible
for establishing the date of sign erection in the issued sign permit.
J. Exemptions.
(1) A permit shall not be required for the following signs, provided that such signs comply with any regulations issued or established by the Planning Board pursuant to Subsection
N of this section.
(a)
Traffic signs erected by a governmental body.
(b)
Emergency signs erected for the safety of the
public in an area where repair or installation work is in progress.
(c)
Signs on residential premises identifying the
owner or resident and the address of such premises. Each such sign
shall be limited to one square foot in surface area.
(d)
Business establishment signs which meet the requirements of Subsection
B(3) of this section.
[Amended 10-14-2002 by L.L. No. 3-2002]
(e)
Signs indicating the private nature of a road,
driveway or other premises and signs limiting the use of private property
by the public. Each such sign shall be limited to one square foot
in surface area.
(f)
Signs in the nature of memorial or historical
markers, tablets or cornerstones. Each such sign shall be limited
to two square feet in surface area.
(g)
Nonilluminated signs used by places of worship
to identify the place of worship and the names of clergy thereof and
impending programs of worship. Each such sign shall be limited to
three feet by four feet in dimension.
(2) The provisions of this subsection shall not be construed to permit any sign prohibited by Subsection
C of this section.
K. Conditions for continued bona fide display of signs.
(1) The applicant shall be responsible for the accuracy
of all dimensions relating to the building and the sign. In cases
where the actual sign does not conform to the approved design, the
applicant may be required at his own expense to remove, correct or
replace the sign.
(2) Signs shall be maintained in good and complete condition,
with panels, letter forms and graphics firmly mounted and in true
alignment and finishes in good repair.
L. Removal of certain signs. Any sign which at any time
no longer advertises a bona fide business or other activity then being
conducted on the premises on which such sign is located or a product
or service then being offered on such premises or which does not comply
with conditions established for the issuance of a permit pursuant
to this section shall be deemed prohibited and shall be removed by
the owner of such premises or shall be brought into compliance with
this section.
M. Violations and penalties. Violations of this section of the chapter shall be subject to penal and civil penalties as set forth in Article
X of the chapter.
N. Regulations. The Planning Board is authorized to adopt regulations not inconsistent with any specific provisions of this section, setting forth standards by which signs will be determined to be consistent or not consistent with the purpose and intent of this section, including without limitation standards governing the elevations, projections and location of the letters, symbols and pictures of which signs are composed, the material of which signs are made and the size, color and lighting and all other matters pertaining to the administration of this §
310-23 pertaining to signs, including the form and content of sign applications.
O. Regulations
for institutional uses in residential zones. The Planning Board is
authorized to modify the standards set forth in this chapter concerning
the design, content, location and number of signs on a case-by-case
basis as they deem appropriate when considering sign applications
for institutional uses (including, but not necessarily limited to,
any use that fulfills a role related to health care, education, recreation,
or worship) located within a residential district. In an application
to modify said restrictions, the Planning Board shall consider such
factors as the Planning Board deems appropriate, including, but not
limited to, the protection and preservation of the character of the
surrounding neighborhood. The Planning Board is further authorized,
from time to time, to adopt sign regulations for institutional uses
located in residential zones by resolution.
[Added 3-13-2023 by L.L. No. 2-2023]
P. In an
application where the sole relief sought is a sign permit, if the
Design Review Committee issues a positive recommendation on the application
and the Planning Board Chair does not, within five business days of
receipt of the recommendation, direct that the application be placed
on a Planning Board agenda, the application will be deemed approved
in accordance with the Design Review Committee by the Planning Board
and the sign permit shall be issued.
[Added 3-13-2023 by L.L. No. 2-2023]
[Amended 12-11-1995 by L.L. No. 6-1995]
A. Legislative intent; purpose and definitions.
(1) Purpose. The primary purpose of these standards is
to promote and protect the public welfare by regulating the appearance
of and light trespass from exterior lighting located on private property
within the Village in order to ensure a nighttime appearance within
the Village which is consistent with the Village's character and overall
architectural quality. A second purpose is to encourage and in some
cases mandate consistent nighttime appearance within the central business
district by regulating the amount and appearance of that interior
lighting within buildings housing commercial uses which is visible
from adjacent areas and by providing guidelines for all-night lighting.
(2) Definitions. For the purposes of this section, the
following terms shall have the following meanings:
ADJACENT AREAS
Property from which light from a light source is visible,
including sidewalks, streets and other public or private property.
EXTERIOR LIGHTING
All outdoor lighting, inclusive of but not limited to all
lighting fixtures mounted on the exterior of buildings or structures,
freestanding poles, bollards or located at ground level on private
property.
HOUSE SHIELD
An opaque baffle or shield located on or within a lighting
fixture such that its light distribution is reduced in certain directions,
typically within the 90º quadrant to the rear of the lighting
fixture.
INCANDESCENT LIGHT
Illumination produced by a filament which is heated by an
electric current, including quartz and halogen lights.
LIGHT
Radiant energy which is capable of exciting the retina and
producing a visual sensation.
LIGHTING
The combination of light source, lighting fixture and location
which provides illumination.
LIGHTING FIXTURE
A complete lighting unit consisting of a lamp together with
the parts designed to distribute the light, position and protect the
lamp and connect the lamp to the power supply. The following terms
describe generic types of lighting fixtures:
(a)
DECORATIVEAn ornamental fixture having an appearance and light distribution intended to provide decoration and visual interest as well as functional illumination.
(b)
SHIELDEDA fixture whose shape and optical design prevents a direct view to the light source at normal viewing angles (less than 20º above the horizontal).
(c)
UNSHIELDEDA fixture whose shape and optical design permits a direct view to the light source or its image as seen through a diffuser, globe or lens, at normal viewing angles (less than 20º above the horizontal).
LIGHT SOURCE
A man-made source of light, typically housed within an evacuated
glass envelope and requiring the application of electric power to
produce light by heating a filament or exciting gases or phosphors.
LUMINANCE
The photometric equivalent of the physical sensation of brightness,
specifically the amount of light leaving a surface in a particular
direction, measured in footlamberts (fL).
STOREFRONT
Display windows of a building housing a commercial use visible
from a street, sidewalk or other pedestrian way accessible to the
public or adjacent public or private property.
B. General standards for exterior lighting.
(1) The design, character, size and scale of exterior
lighting fixtures visible from adjacent areas shall be consistent
with the architectural character of adjacent buildings and their setting
within the Village.
(2) All exterior lighting visible from adjacent areas
shall use incandescent or fluorescent light sources, except as otherwise
permitted by the provisions of this section.
(3) Except as otherwise provided in this section, the
following light sources and lighting fixture types shall not be used
within the Village where the light emitted is visible from adjacent
areas, except as otherwise provided in this section:
(a)
High-pressure sodium, low-pressure sodium, mercury
vapor and neon light sources.
(b)
Cobra-head-type lighting fixtures having dished
or drop lenses or refractors which house other than incandescent sources.
(c)
Searchlights and other high-intensity narrow-beam
fixtures.
(d)
Lighting fixtures having flashing, rotating,
moving, pulsing or alternating colored sources.
(4) Building facades and architectural features of buildings
shall not be floodlighted unless the following conditions are met:
(a)
Floodlight fixtures are equipped with baffles
and/or shields and are so located as to limit the fixture's direct
light distribution to the facade or feature being illuminated.
(b)
The configuration of the floodlight installation
shall block all view to the floodlight fixture's lamp(s) from adjacent
areas.
(c)
The maximum luminance of any floodlighted surface
does not exceed five fL, measured at a distance of 50 feet along the
normal from the surface to a standing observer.
(5) Area and security lighting of garage forecourts, parking
lots, pedestrian paths and building perimeter areas shall conform
to the following conditions:
(a)
Decorative fixtures may be used, provided either
that the maximum installed lamp wattage is no greater that 150 watts
(incandescent) or the fixture configuration limits the luminance of
any portion of its light emitting surface to a maximum of 1,000 fL,
measured at a distance of 25 feet along the normal from the fixture
center to a standing observer.
(b)
Nondecorative utility-type fixtures, including
security and area floodlights, shall be provided with baffles and/or
shields which limit the lighting fixture's direct light distribution
within the property line and which block all view to the lighting
fixture's lamp from an observer standing on adjacent areas.
(c)
No freestanding or building-mounted area lighting
fixture shall be located higher than 16 feet above finished grade
level.
(d)
Unshielded area lighting fixtures located within
15 feet of the property line shall be provided with a house shield
baffle to reduce the degree of light trespass flowing onto adjacent
areas.
(6) Sports fields and tennis/racquet ball courts may be
lighted, provided that lighting fixtures are provided with baffles
and/or shields which limit the lighting fixture's direct light distribution
to the playing area and which block all view to the lighting fixture's
lamp from adjacent areas.
C. Lighting of signs and storefronts.
(1) Exterior signs may be lighted, providing the sign conforms to the requirements of §
310-23 and a sign lighting permit is obtained. The lighting of exterior signs shall conform to the following:
(a)
Signs may be externally illuminated using incandescent
or fluorescent sources. Metal halide sources not exceeding 150 watts
may be used for exterior sign illumination by a special permit.
(b)
Self-illuminated exterior signs shall not be
permitted.
(c)
The luminance of lighted exterior signs shall
not exceed 100 fL, measured at a distance of 25 feet along the normal
from the sign to a standing observer.
(2) Interior signs which are so placed as to be visible from the exterior may be lighted, provided that the sign conforms to the requirements of §
310-23 and a sign lighting permit is obtained. The lighting of interior signs shall conform to the following:
(a)
Interior signs may be externally illuminated
using incandescent or fluorescent sources.
(b)
Self-illuminated interior signs shall be permitted
if located at least five feet from any point on a display window and
which are not oriented so as to be primarily visible from the exterior.
(c)
The luminance of lighted interior signs shall
not exceed 200 fL, measured at a distance of 10 feet along the normal
from the sign to an observer standing outside the display window.
(3) Interior lighting associated with display windows
and storefronts shall conform to the following requirements:
(a)
Light sources and lighting fixtures which are
prohibited for exterior use or which require a special use permit
under the provisions of this section shall not be used within buildings
where the light emitted from such sources or lighting fixtures is
visible from adjacent areas. This requirement shall extend to interior
security lighting as well as general and display lighting used during
operating hours.
(b)
Lighting within display windows and storefronts
shall use incandescent sources.
(c)
Although not required by the provisions of this
section, landlords and tenants of storefronts are strongly encouraged
to light such storefronts from dusk to dawn with a minimum level of
all-night storefront lighting equivalent to 15 watts of incandescent
lighting per linear foot of display window fronting a street or pedestrian
pathway accessible to the public.
D. Permit.
(1) Except as otherwise provided in this subsection, a
permit shall be required for the following uses:
(b)
Uses set forth in this section.
(2) A permit shall not be required for temporary holiday
and special event lighting of a nonpromotional nature, provided that
such lighting uses incandescent sources and is limited to a maximum
of 60 days per year. Colored and flashing incandescent sources shall
be permitted for such temporary uses, but the use of other light sources
shall require a permit.
(3) Certain light sources and lighting fixture types otherwise
prohibited by provisions of this section may be installed when approved
by the Planning Board, subject to the following conditions:
(a)
Metal halide sources may be used for parking
and area lighting, provided that they are housed within either of
the following:
[1]
Shoebox or sharp cutoff-type lighting fixtures
whose light distribution pattern directs all light emitted from the
lighting fixture below the horizontal plane level with the bottom
of the lighting fixture.
[2]
Decorative lighting fixtures whose optical configurations
limit the luminance of any portion of the globe surface to a maximum
of 1,000 fL, measured along the normal from the globe center at a
distance of 25 feet to a standing observer.
(b)
Shoebox-type metal halide lighting fixtures
shall be located such that the bottom surface of their lenses are
no higher than 16 feet above finished grade level. All metal halide
lighting fixtures located within 15 feet of the property line shall
be provided with a house shield baffle to reduce the degree of light
flowing onto adjacent areas.
(c)
Metal halide sources may be used for the lighting
of sports fields and tennis/racquet ball courts, provided that lighting
fixtures housing such sources are provided with baffles and/or shields
which limit the lighting fixture's light distribution to the playing
area and which block all view of the lighting fixture's lamp from
adjacent areas.
E. Application.
(1) An application for a permit shall be made to the Superintendent
and shall comply with regulations established by the Planning Board.
The Superintendent shall forward all applications to the Planning
Board for review and approval.
(2) The Design Review Committee shall review each permit
application to determine whether the proposed lighting is consistent
with the purpose and intent of this section and shall prepare a report
of its findings and recommendations to the Planning Board.
(3) The Superintendent may request a determination or
interpretation from the Planning Board of any provision of this section
prior to taking action hereunder.
F. Hearing and action. The Planning Board shall review
each permit application and shall approve, disapprove or approve subject
to conditions, being guided by the purpose and intent of this chapter,
the report of the Design Review Committee, the requirements of this
section, any regulations pertaining to lighting adopted by the Planning
Board and other laws of the Village. The Superintendent shall, within
five working days of approval or within five working days of compliance
with any modifications or conditions required for approval, as the
case may be, issue a permit for the proposed lighting.
G. Procedure. The provisions for hearings and notice of hearings on applications for development set forth in Subsections
D and
E of Section §
310-44 of this chapter shall apply to hearings and notices of hearings on permit applications under this section, except that no notice by personal service or certified mail shall be required. Whenever an application for development includes a proposed lighting use for which approval by the Planning Board is required under this section, the Planning Board may act upon the proposed lighting usage under the application for development without requiring a separate permit application, notice of hearing and hearing under this section.
H. Permit fees. Permit fees shall be determined by resolution
of the Board of Trustees of the Village.
I. Permit void. A permit issued under this section shall
be void if the lighting authorized thereunder has not been erected
within 180 days from the date of issuance.
J. Removal of noncomplying lighting. Any lighting use
authorized by a permit which does not comply with conditions established
for the issuance of the permit shall be deemed prohibited and shall
be removed by the owner of such premises or shall be brought into
compliance with this section.
K. Violations and penalties. Violations of this section shall be subject to penal and civil penalties as set forth in Article
X of this chapter.
L. Regulations. The Planning Board is authorized to adopt
regulations not inconsistent with any specific provisions of this
section, setting forth standards by which lighting will be determined
to be consistent or not consistent with the purpose and intent of
this section and all other matters pertaining to the administration
of this section, including the form and content of a special permit
application.
M. Governmental exemption. The provisions of this section
shall not apply to the federal or state government or any of their
respective agencies, political subdivisions or municipal corporations,
including the Village, public schools or railroads.
[Amended 12-11-1995 by L.L. No. 6-1995]
The following provisions shall apply to all
buildings and uses existing lawfully on the effective date of the
Zoning Ordinance of 1958, or any amendments thereto, which buildings
and/or uses do not conform to the requirements set forth in this chapter.
A. Such nonconforming use of buildings or open land may
be continued indefinitely, but:
(1) Shall not be enlarged, extended or placed on a different
portion of the lot or parcel of land occupied by such use on the effective
date of this chapter, nor shall any external evidence of such use
be increased by any means whatsoever;
(2) Shall not be changed to another nonconforming use;
and
(3) Shall not be reestablished if such use has for any
reason been discontinued for a period of over one year or has been
changed to or replaced by, a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
B. Except as provided in Subsection
D below, no building which houses such a nonconforming use shall be:
(1) Structurally altered or enlarged; or
(2) Moved to another location where such use would be
nonconforming.
(3) Subject to Subsection
A, if a building which houses such a nonconforming use is destroyed up to 50% of its market value accidentally due to fire, explosion or other cause, such building may be restored within one year in substantially the same form and location and the same nonconforming use may be reinstated, without being extended. Any nonconforming use destroyed beyond 50% of its market value must be reconstructed in conformance with the provisions of this chapter.
C. Any building (other than a sign), the use of which
is in conformity with the regulations set forth in this chapter, but
which building does not conform to one or more of the requirements
hereof other than the use requirements, may be altered, enlarged or
rebuilt, provided that such building shall not be altered, enlarged
or rebuilt so as to increase the degree of nonconformity thereof.
D. Nothing in this section shall be deemed to prevent
normal maintenance and repair of any building or the carrying out
upon issuance of a building permit of major structural alterations
or demolition necessary in the interest of public safety. In granting
such a permit, the Superintendent of Buildings shall state the precise
reason why such alterations were deemed necessary.
[Added 1-11-2021 by L.L.
No. 3-2021]
A. Definitions. As used in this section, the following terms shall have
the meaning indicated:
AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT
(1)
A for-purchase housing unit that is affordable to a household
whose income does not exceed 80% of the area median income (AMI) for
Westchester as defined annually by the United States Department of
Housing and Urban Development (HUD) and for which the annual housing
cost of a unit, including common charges, principal, interest, taxes
and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for
family size, and that is marketed in accordance with the Westchester
County Fair and Affordable Housing Affirmative Marketing Plan; and
(2)
A rental unit that is affordable to a household whose income
does not exceed 60% 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 and that is marketed in
accordance with the Westchester County Fair and Affordable Housing
Affirmative Marketing Plan.
B. Required affordable AFFH unit component.
(1)
Within all residential developments of 10 or more units created
after the effective date of this section by subdivision or site plan
approval, no fewer than 10% of the total number of units must be created
as AFFH units. In residential developments of five to nine units,
at least one AFFH unit shall be created. Rounding shall be done as
follows: for 10 to 14 housing units: one AFFH unit; for 15 to 24 housing
units: two AFFH units; then continuing in like increments as the number
of housing units increases.
(2)
No preferences shall be utilized to prioritize the selection
of income-eligible tenants or purchasers for AFFH units created under
this subsection.
(3)
Notwithstanding the above, all such AFFH units, whether for
purchase or for rent, shall be marketed in accordance with the Westchester
County Fair and Affordable Housing Affirmative Marketing Plan.
C. Maximum rent and sales price. The maximum monthly rent for an AFFH
unit and the maximum gross sales price for an AFFH unit shall be established
in accordance with United States Department of Housing and Urban Development
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.
D. Time period of affordability. Units designated as AFFH units must
remain 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 ownership units.
E. Property restriction. A property containing any AFFH units must be
restricted using a mechanism such as a declaration of restrictive
covenants in recordable form acceptable to Municipal Counsel which
shall ensure that the AFFH unit shall remain subject to 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 AFFH unit prior to the issuance of a certificate of occupancy
for the development.
F. Unit appearance and integration.
(1)
Within single-family developments, the AFFH units may be single-family
homes or if the Planning Board so elects, they may be incorporated
into one or more two-family homes. If the Planning Board so elects,
one or more AFFH units may be located on a lot meeting 75% of the
minimum lot area for the single-family homes in the development. Each
such two-family home shall be located on a lot meeting the minimum
lot area for the single-family homes in the development. All such
units shall be indistinguishable in appearance, siting and exterior
design from the other single-family homes in the development, to the
furthest extent possible. Interior finishes and furnishings may be
reduced in quality and cost to assist in the lowering of the cost
of development of the AFFH units.
(2)
Within multifamily developments, the AFFH units shall be physically
integrated into the design of the development, and where multiple
AFFH units are required, to the extent feasible, they 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 AFFH units shall not be distinguishable from other market rate
units from the outside or building exteriors. Interior finishes and
furnishings may be reduced in quality and cost to assist in the lowering
of the cost of development of the AFFH units.
G. Minimum floor area.
(1)
The minimum gross floor area per AFFH unit shall not be less
than 80% of the average floor area of nonrestricted housing units
in the development and no 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 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
or balconies.
H. Occupancy standards. For the sale or rental of AFFH units, the following
occupancy schedule shall apply:
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
|
I. Affirmative marketing. The AFFH units created under the provisions
of this section shall be sold or rented, and resold and rerented during
the required period of affordability, to only qualifying income-eligible
households. Such income-eligible households shall be solicited 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.
J. Resale requirements.
(1)
In the case of owner-occupied AFFH 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
section, or 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: a) the month that was two months earlier than
the date on which the seller acquired the unit, and b) 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 Village of Bronxville will designate
a substitute index; and
(b)
The cost of major 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 improvements no later than the time the seller
of the unit desires to include it in the resale price.
(2)
Notwithstanding the foregoing, in no event shall the resale
price exceed an amount affordable to a household at 80% of AMI at
the time of the resale.
K. Lease renewal requirements.
(1)
Applicants for rental AFFH units shall, if eligible and if selected
for occupancy, sign leases for a term of no more than two years. As
long as a resident remains eligible and has complied with the terms
of the lease, said resident 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.
(2)
If no such provisions are applicable and if a resident's annual
gross income should subsequently exceed the maximum then allowable,
as defined in this section, then said resident may complete their
current lease term and shall be offered a nonrestricted rental unit
available in the development at the termination of such lease term,
if available. If no such dwelling unit shall be available at said
time, the resident may be allowed to sign one additional one-year
lease for the AFFH unit they occupy but shall not be offered a renewal
of the lease beyond the expiration of said term.
L. Administrative and monitoring agency. The County of Westchester shall
be responsible for monitoring the AFFH units during the units' periods
of affordability and for monitoring compliance with the affirmative
marketing responsibilities of those creating the AFFH units.
M. Expedited project review process.
(1)
Preapplication meeting. The Planning Board's preapplication
meeting process shall be followed in connection with developments
which include AFFH units. The purposes of the preapplication meeting
will include discussion of means to expedite the development application
review process through:
(a)
The early identification of issues, concerns, code compliance
and coordination matters that may arise during the review and approval
process.
(b)
The establishment of a comprehensive review process outline,
proposed meeting schedule and conceptual timeline.
(2)
Meeting schedule and timeline. Village departments, boards,
committees and staff shall endeavor to honor the proposed meeting
schedule and conceptual timeline established as an outcome of the
preapplication process 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 AFFH units
shall be entitled to at least one additional meeting per year with
the same departments, boards, or committees to review any and all
items discussed at previous preapplication meetings.
(3)
Calendar/agenda priority. Municipal departments, boards, or
committees with review or approval authority over applications for
developments which include AFFH units shall give priority to such
applications by placing applications for developments including AFFH
units high enough on all meeting and work session calendars and agendas
so they will not be bumped to a subsequent meeting because of lack
of time and, when feasible based on the ability to conduct required
reviews and public notice, with the intent of shortening minimum advance
submission deadlines to the extent practicable.