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HomeMy WebLinkAbout2013_11_20_Local_Law_No_6 Local Law No. 6 - 2013 This local law shall be known as the “The Town of Mamaroneck’s Model Housing Ordinance for Residential Zoning Districts” Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 – Purpose: Earlier this year, the Town Board amended the Town’s zoning ordinance to provide for a residential component, which can include fair and affordable housing, to be built in zoning districts which theretofore had been limited to business and service business uses. The Town Board hereby expands its zoning ordinance to allow fair and affordable housing in the Town’s residential zoning districts. Section 2 – Amendment of a current section of the Mamaroneck Code: Section 240-28 of the Code of the Town of Mamaroneck hereby shall become part of Article IV of Chapter 240 and shall provide as follows: A. Definitions (1) AMI means 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. (2) FAH refers to both For-purchase Fair and Affordable Housing Units and Rental Fair and Affordable Housing Units. (3) A For-purchase Fair and Affordable Housing Unit (“PFAHU”) is a dwelling whose annual cost of ownership, including common charges, mortgage payments, taxes and insurance, does not exceed 33% of 80% of the AMI, adjusted for the size of the family. (4) A Rental Fair and Affordable Housing Unit (“RFAHU”) is a dwelling whose annual rent plus any utilities paid by the tenant does not exceed 30% of 60% of the AMI, adjusted for the size of the family. B. Required Fair and Affordable Housing Unit Component (1) The required number of FAHs in a development shall be calculated as follows: 1 Number of dwelling units Required In a development (including FAHs) FAHs 1 – 4 None 5 – 14 1 If a development consists of fifteen or more dwelling units, no less than 10% of those units shall be FAHs. If multiplying the number of dwelling units by 10% results in a remainder of .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 & 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. 2 F. Review Process (1) Notwithstanding section 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 5 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 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. (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 4 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 section 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 multi-family buildings. In doing so, all of the procedures of Chapter 177 of the Code shall be followed; 3 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 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. (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 9 or fewer FAHs in one or more multi-family 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 4 so long as the lot has at least seventy-five percent (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 free-standing 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 multi-family 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 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) For the purposes of section 240-28 I., 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 Bedroom Minimum 1, Maximum: 3 5 2 Bedroom Minimum 2, Maximum: 5 3 Bedroom Minimum 3, Maximum: 7 4 Bedroom Minimum 4, Maximum: 9 J. Affirmative Marketing (1) During the period that a dwelling unit must be a PFAHU, it shall be sold and re- sold 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 re-rented 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 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: (i) 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 County of Westchester will designate a substitute index; and (ii) 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 15 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. 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 re-sale. 6 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 section 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) Pre-application meeting: An applicant for a development of FAHs (“Applicant”) shall be entitled to attend at least one pre-application 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 pre-application 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 pre-application to the extent possible during the review and approval process, provided 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 7 committees to review any and all items discussed at previous pre- application meetings. Section 3 – Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 – Effective Date: This Local Law shall become effective upon filing with the Secretary of State. Revised August 16, 2013 8