Briarcliff Manor City Zoning Code
§ 220-10
Affordable housing.
[Added 7-20-2021 by L.L. No. 11-2021[1]]
Findings; policy. The Village of Briarcliff Manor finds that:
The Village faces a shortage of affordable housing due to the high cost of housing in the Village, which impacts the general welfare of the municipality.
The Village has an obligation to assist Westchester County and New York State in the preservation, rehabilitation, and construction of affordable housing.
The social and economic diversity of the Village is dependent upon a reasonable supply of affordable housing.
The Village's Comprehensive Plan encourages the creation of affordable housing within the Village.
It is the policy of the Village to require applicants to share the responsibility to create affordable housing.
Purpose. The purpose of this section is to ensure that new residential development in the Village includes a reasonable supply of fair and affordable housing. This section sets forth standards for affordable housing to be provided in conjunction with residential development of land.
Applicability.
This section shall apply to all proposed residential development of land.
This section shall not apply to any residential development which has received preliminary subdivision or site plan approval by the Village of Briarcliff Manor Planning Board as of the effective date of this section.
This section shall not apply to any residential development submitted to the Planning Board for subdivision or site plan approval prior to May 1, 2021, and still actively under review as of the effective date of this section.
Creation of AFFH units.
AFFH units in single-family zoning districts.
Within all residential developments of five or more units, no less than 10% of the total number of units must be created as AFFH units. For this purpose, 0.5 unit shall be rounded to the next highest whole number. For example, a development of 17 units will require two AFFH units. These units must be provided on the site of the proposed development.
When a proposed residential subdivision contains 20% or more AFFH units, the Planning Board may:
Reduce building permit fees for applicants by 50% for any AFFH units beyond the 10% of such AFFH required.
Consider such other forms of assistance which may be under the control of the Village.
Actively assist in obtaining assistance of federal, state or other agencies in support of affordable housing development.
Allow the reduction of dimensional requirements by not more than 25% and an allowance for shared parking so as to reduce infrastructure costs.
AFFH units in multifamily zoning districts. At least 10% of the units of any multifamily residential development in any multifamily residential zoning district shall be established as AFFH units. These AFFH units must be provided on the site of the proposed development, or at an approved off-site location.
When a proposed residential subdivision or multifamily residential development contains 20% or more AFFH units, the Planning Board may:
Reduce building permit fees for applicants by 50% for any AFFH units beyond the 10% of such AFFH required.
Consider such other forms of assistance which may be under the control of the Village.
Actively assist in obtaining assistance of federal, state or other agencies in support of affordable housing development.
Allow the reduction of dimensional requirements by not more than 25% and, in a development containing commercial as well as residential use, consider an allowance for shared parking, if practicable, so as to reduce infrastructure costs.
Planning Board review. The Planning Board shall consider the following provisions in reviewing affordable housing unit applications:
Siting of AFFH units. Unless otherwise stated herein, all AFFH units constructed under this section shall be situated within the proposed development so as not to be in less desirable locations than market-rate units in the proposed development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
Minimum design and construction standards for affordable units. AFFH housing units within market-rate developments shall be integrated with the rest of the developments and shall be compatible in design, appearance, construction and quality of building materials with other units.
Timing of construction or provision of affordable units or lots. The construction of affordable units shall occur proportionately with the construction of the market-rate units in the subdivision. No certificates of occupancy may be issued for the last 10% of market-rate units within a development until the last affordable unit has been issued a certificate of occupancy.
Minimum floor area. The minimum gross floor area per AFFH unit shall be 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) |
Affordable housing requirements for special populations. At the discretion of the Planning Board and with the approval of the Board of Trustees, and upon a showing of good cause, affordable housing requirements for frail or infirmed special populations may be waived or modified. Said population may include the disabled, the infirmed or seniors when such housing is independent-living, congregate-care, nursing-home or such other housing for special populations that the Board of Trustees recognizes.
Unit appearance and integration.
Within single-family developments, the AFFH units may be single-family homes or may be incorporated into one or more two-family homes. In residential zoning districts, each single-family AFFII unit may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development, but 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 compatible in appearance, siting and exterior design from the other single-family homes in the development, to the greatest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of AFFH units.
Within multifamily developments, the AFFH units shall be physically integrated into the design of the development and 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. AFFH units shall be compatible with 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.
Conservation zoning. The Planning Board shall consider the provisions of conservation subdivisions and conservation development, which may provide for bonus units, of the Village Zoning Law in furtherance of the Village's goals for providing affordable housing.
Property restriction. All AFFH units must be restricted using a document such as a declaration of restrictive covenants, in recordable form acceptable to the Village Attorney, which shall ensure that the AFFH unit shall remain in perpetuity, subject to affordable regulations except as hereinafter provided. Among other provisions, the covenants shall require that the unit be the primary residence of the residential household selected to occupy the dwelling 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 dwelling unit. These property restrictions notwithstanding, the covenants may allow a property owner, no earlier than 50 years from the date of initial certificate of occupancy for rental properties and from date of original sale for ownership units, to seek a release from such restrictions by request to, and the affirmative approval of, the Briarcliff Manor Board of Trustees.
Expedited project review process.
Preapplication meeting. The applicant for a development including AFFH units shall be entitled to attend at least one preapplication meeting at which representatives will be in attendance from each Briarcliff Manor agency and staff expected to play a role in the review and approval of the development application and construction. The purpose of the preapplication meeting will be to expedite the development application review process through:
Meeting schedule and timeline. Briarcliff Manor boards and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication 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, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous preapplication meetings.
Administration by the Board of Trustees.
Responsibility. The Board of Trustees, or any Village office, department, or local not-for-profit agency designated by the Board, shall be responsible for administering and monitoring the affordable housing requirements of this section as well as for the promulgation of such rules and regulations as may be necessary to implement such requirements. The costs of such administration and monitoring, if any, shall be payable by the developer/owner.
Maximum cost. At the time of issuance of a building permit, the Building Inspector shall send a copy of such permit to the Board of Trustees, or its designee, which shall then inform the applicant of the maximum rental or sales charge which may be established for AFFH units in such development and the maximum annual gross family income eligibility for occupancy of said units.
Annual eligibility requirements. With respect to rental units, on or before March 30 of each year thereafter, the Board of Trustees, or its designee, shall notify the owner or manager of each affordable unit as to the rent and income eligibility requirements for such unit based upon figures derived from the preceding calendar year. With respect to ownership units, the Board of Trustees, or its designee, shall provide sales criteria for the sale of an affordable housing unit at the time of offering the unit for sale or resale.
Certification. The owner or manager of each AFFH rental unit shall annually certify to the satisfaction of the Board of Trustees that the requisite number of affordable units have been assigned to income-eligible individuals who meet the income guidelines in effect when said individual(s) took occupancy. Annual certification shall include unit designations and occupant names and shall be affirmed by the developer or his or her designated representative, as appropriate, and a resolution of the Board of Trustees.
Marketing plan. 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.
Preferences. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable AFFH units created under this subsection.
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 U.S. 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.
Resale requirements.
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:
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 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 the month that was two months earlier than the date on which the seller acquired the unit and 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 municipality will designate a substitute index; and
The cost of the 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 improvement no later than the time the seller of the unit desires to include it in the resale price.
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.
Lease renewal requirements.
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 not 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 the provisions of other applicable local law.
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 chapter, then:
Option (a): Said resident may complete his or her current lease term and shall be offered a nonrestricted market-rate rental unit 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 a one-year lease for the AFFH unit he or she occupies but shall not be offered a renewal of the lease beyond the expiration of said term; or
Option (b): Said resident shall pay the greater of the following:
The rent amount payable under the provisions of this section should Option (b) be utilized; or
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in the development for units with the same number of bedrooms, or, should Option (b) be utilized, the next open unit will become an AFFH unit.
Option (c): Said resident shall pay the greater of:
The rent amount payable under the provisions of this section; or
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in the development for units with the same number of bedrooms for a term of not more than one year.
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 bedroom | Minimum: 1; maximum: 3 |
2 bedrooms | Minimum: 2; maximum: 5 |
3 bedrooms | Minimum: 3; maximum: 7 |
4 bedrooms | Minimum: 4; maximum: 9 |
Owner occupancy. All for-sale AFFH units must be owner-occupied.
Affirmative marketing. The AFFH units created under the provisions of this section shall be sold or rented, and resold and rerented, 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.
Previously designated affordable housing units. Designated affordable housing units approved prior to the adoption of this section shall continue to be so designated but shall be henceforth subject to the provisions of this chapter, to the extent allowable by law.
Relocated AFFH units.
Under certain circumstances, the Planning Board may deem the construction of AFFH units on the subject property to be less favorable than relocating such units on available alternative sites and may allow the applicant to relocate the required units on more desirable and appropriate property within the Village already owned by, or under contract to allow development by, the applicant (each such residence a "relocated AFFH unit"). Such relocated units would be in addition to, and not instead of, any AFFH units already required on the proposed alternative site. In evaluating an alternate site, the Planning Board may consider, among other factors:
Proximity of the preferred site to public schools, Village services, parks and recreation facilities;
Relative availability of public transportation;
Existence of sidewalks or other facilities to encourage pedestrian safety;
Total number of market-rate residences at each site, with a preference to locating AFFH units within areas of larger numbers of market-rate residences;
Environmental impacts, including selecting a site that requires less disturbance of steep slopes, wetlands, or removal of significant trees.
To ensure the applicant's timely compliance to timely development on an alternative site, the Village may require a deposit for each proposed relocated AFFH unit, in an amount approved by a resolution of the Board of Trustees and published in the Master Fee Schedule. Such deposit shall be forfeited to the Village if the applicant fails to obtain i) a building permit for all such relocated AFFH units within three years of the issuance of the first certificate of occupancy for the current project and ii) a timely certificate of occupancy for each required relocated AFFH unit. Such deposit shall be returned to the applicant within 90 days following the issuance of certificates of occupancy for all required relocated AFFH units.
Factors considered in determining the amount of the relocated AFFH unit deposit. The Board of Trustees may consider any of the following factors, among others, in determining the amount of the deposit for each relocated AFFH unit:
The zoning district within which the proposed development is located.
The maximum sales price obtainable for the AFFH unit or units as determined by reference to standards mandated by Westchester County.
The approximate costs to the applicant to construct the AFFH unit, or units, in accordance with the requirements hereof. Such costs would be utilized to determine the approximate net financial burden imposed upon the applicant who is required to construct an AFFH unit, or units, on the proposed development site.
Experts and consultants. In connection with its analysis of the factors referenced above, among others, the Board of Trustees, in determining the amount of the deposit for relocated AFFH units, shall have the authority to engage experts and to consult with representatives of the Planning Board.
Where practicable, the Planning Board may work with the applicant to create additional AFFH units beyond those originally required as relocated AFFH units on an alternate site.
[1]
Editor's Note: This local law also repealed former § 220-10, Residential Townhouse RT4B District, as amended 2-20-1996 by L.L. No. 2-1996; 10-18-2001 by L.L. No. 2-2001; 6-19-2003 by L.L. No. 4-2003; and 12-8-2020 by L.L. No. 13-2020.
