Ardsley City Zoning Code
ARTICLE VA
R-4 District: Residential District; R-4A Overlay District
§ 200-29.1 Intent.
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.
§ 200-29.2 R-4A Workforce/Affordable Housing Overlay District.
[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:
"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." |
(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.