Glenville Town City Zoning Code
ARTICLE XII
Bonus/Incentive Zoning
§ 270-83 Purpose and intent.
The purpose of this article is to advance the policies of the Town of Glenville Comprehensive Plan in respect to providing affordable housing. More specifically, the bonus zoning section of this chapter is a tool in which provision can and should be made for sound, healthy and, above all, affordable housing for those individuals and families who might not otherwise have the means to secure housing in the Town of Glenville.
§ 270-84 Authority and standards.
The Planning and Zoning Commission has the authority to apply the following standards in exercising its discretion to review and grant site plan approval for any residential development project in which the applicant offers to provide affordable housing.
A.
Zoning districts where permitted. The utilization of the bonus zoning mechanism will be permitted in the Suburban Residential (SR) and Multiple-Family Residential (RM) Zoning Districts. Bonus zoning will also be allowed in the Rural Residential and Agricultural (RA) Zoning District, and the various Planned Development Districts, provided public water is available for the project.
B.
Waiver of land and building requirements. With respect to an application for development under this article, the Planning and Zoning Commission has the authority to waive all, area, volume, and bulk requirements of this chapter and Chapter 242, Subdivision of Land.
C.
Review criteria for determining maximum number of units and density. The Planning and Zoning Commission will set the maximum allowable density bonus, which must not exceed 25% of the maximum allowable density for the zoning district in which that parcel is located. The density bonus and number of affordable housing units to be allowed in a development will be based upon the following criteria:
(1)
The percentage of total residential units in the development that are designated as affordable housing units.
(2)
The appropriateness of the proposed density in the neighborhood.
(3)
The aesthetic impact of the proposed development on the neighborhood.
(4)
The impacts of the development on the environment, as determined during the SEQRA process.
D.
Review criteria for determining housing configuration. The types of housing units, as well as the ratio of the number of affordable units versus total units, will ultimately be determined on a case-by-case basis by the Planning and Zoning Commission. When considering a bonus zoning application for affordable housing, the Planning and Zoning Commission will take into account the effect of the development on:
(1)
Neighborhood property values;
(2)
Traffic volumes and movements;
(3)
Neighborhood health, safety and general welfare;
(4)
Proposed development design in accommodating the increased density.
§ 270-85 Bonuses.
A.
As an enticement for the applicant to provide affordable housing, the following bonuses, or combinations thereof, may be granted:
(1)
Reduced minimum lot sizes (cannot be smaller than 25% below the prescribed minimum lot size).
(2)
Reduced setbacks and yard requirements.
(3)
Increased lot coverage allowances.
(4)
Increased number of dwelling units within multiple-family buildings.
(5)
Increased number of dwelling units per acre within multiple-family zoning districts.
(6)
Reduced green area/open space/landscaping requirements for multiple-family development sites.
B.
In granting bonuses, the Town will take into consideration that adequate space is needed for parking, snow storage and the siting of a septic system, in addition to adequate expansion area for the septic system.
§ 270-86 Procedures; application process.
The use of the bonus zoning mechanism is strictly optional. While the Town can make applicants aware of this mechanism, it cannot mandate its usage. Accordingly, the owner of the parcel to be developed, or his/her representative, is responsible for triggering the bonus zoning mechanism via an application to the Planning and Zoning Commission for site plan review. The Planning and Zoning Commission will adhere to the following procedures in granting a density bonus for affordable housing units:
A.
The landowner, or his/her representative, will forward an application to the Town Planning Department, entitled "application for bonus zoning." Additionally, the landowner must forward an application for site plan review, and subdivision approval (if required). The application(s) will also include the appropriate application fees, full environmental assessment form, site plan (or plot plan in the case of a subdivision) and a narrative which clearly identifies the number, type, location and configuration of the proposed affordable housing units. Further, the narrative must clearly identify the specific income group(s) to be targeted, and how the targeted residents' income rank in terms of the median household income of the Town, based on the most recent census data. Finally, the applicant will also identify the mechanism by which the Town can verify that the affordable housing units will be occupied by appropriate individuals or families.
B.
Following a review of the application and recommendation by the Glenville Environmental Conservation Commission, the Planning and Zoning Commission will undertake an initial review of the application for bonus zoning, and initiate the SEQRA process if the Town of Glenville has assumed lead agency status.
C.
Provided the Planning and Zoning Commission finds the application to be in compliance with the provisions of this article, the Commission will then schedule a public hearing on the application within 62 days of the date of the initial review, or within 62 days of receipt of a revised application, if revisions were deemed necessary at the initial meeting. Said notice of public hearing will state the maximum bonus zoning to be considered and the modifications to this chapter. Within 62 days of the public hearing, the Planning and Zoning Commission will render a decision on said application and determine, if approved, the type of incentive zoning to be granted.
D.
Site plan review may run concurrent with the application for bonus zoning, as can subdivision review, if required.
§ 270-87 Standards for owner- and rental-occupied affordable housing.
A.
Income eligibility. To be eligible to purchase affordable housing, a household's aggregate income must not exceed 75% of the median household income of the Town of Glenville as determined by the most recent census data.
B.
Proof of eligibility. It is the owner's/landlord's responsibility to demonstrate that his purchaser(s) or tenant(s) is/are income-eligible before a certificate of occupancy is issued. In order to demonstrate eligibility, the applicant must produce the purchaser's/renter's federal or state income tax return from the previous year. The Town of Glenville Building Department will not issue a certificate of occupancy for the designated house(s) or rental unit(s) until income eligibility has been verified.
C.
Preference categories. Among eligible households, preference to purchase or rent affordable housing will be given to those that include an individual in any or all of the following categories:
(1)
Households whose head of household or spouse is 62 years of age or older, and who has lived in the Town for at least two years immediately prior to the date of application.
(2)
Households whose head of household or spouse is 30 years of age or younger, and who has lived in the Town for at least two years immediately prior to the date of application.
(3)
Households occupied by an unmarried parent with one or more dependent children, in which the parent has lived in the Town for at least one year immediately prior to the date of application.
(4)
Households occupied by an unmarried parent, in which the parent has lived in the Town for at least two years immediately prior to the date of application.
D.
Lack of applicants from preference categories. If the owner or landlord can demonstrate that he/she has been unable to sell or rent his/her unit(s) using an individual(s) or families from the four preference categories, he/she is free to sell or offer the unit(s) to any other person or family who is income-eligible and who meets all other provisions of this article.
E.
Sales price. The maximum sales price is to be determined by using a multiplier in relation to the Town's median household income, with unit size also being a variable as noted below.
[Amended 10-1-2014 by L.L. No. 7-2014]
Unit Size2 (square feet) | Maximum Sales Price Multiplier1 (Multiply by Median Household Income3 of Town) | |
|---|---|---|
700 | 1.6 | |
800 | 1.7 | |
900 | 1.8 | |
1,000 | 1.9 | |
1,100 | 2.0 | |
1,200 | 2.1 | |
1,300 | 2.2 | |
1,400 | 2.3 |
Notes: 1Maximum price for home purchase is based on a multiplication factor of the median household income in the Town of Glenville. For example, if the median household income is $64,283 (2012), then the target or maximum sales price for a unit of 1,000 square feet equals $64,283 times 1.9, or $122,138. 2Livable floor area (minimum size is 700 square feet). Sales prices for units of intervening size shall be established by the Planning and Zoning Commission using the direct ratio method. 3Median household income of the Town based upon most recent census data. |
F.
Rental rates. The rental rate is to be determined by using a multiplier in relation to the Town's median household income, with unit size also being a variable, as noted below.
[Amended 10-1-2014 by L.L. No. 7-2014]
Unit Size1 (square feet) | Maximum Rental Rate Multiplier3) (Multiply by Median Household Income2 of Town) | |
|---|---|---|
600 | .09 | |
700 | .10 | |
800 | .11 | |
900 | .12 | |
1,000 | .13 | |
1,100 | .14 | |
1,200 | .15 | |
1,300 | .16 |
Notes: 1Livable floor area (minimum size is 600 square feet, although any rental units built after May 15, 2013, must include a minimum of 800 square feet). Rental rates for units of intervening size shall be established by the Planning and Zoning Commission using the direct ratio method. 2Median household income of the Town based upon most recent census data. 3Maximum rental rate reflects the total rent payment for 12 months, not including utilities or additional items such as garage rental. For example, if the median household income in the Town of Glenville is $64,283 (2012), then a landlord can charge a tenant a yearly amount equal to .11 of $64,283, or $7,071 for a unit of 800 square feet. If one divides $7,071 by 12, the maximum monthly rent equals $589. |
G.
Yearly reporting by the landlord. By January 31 of each year, any owner/landlord who either secured or inherited affordable rental units in exchange for bonuses must file a written report with the Town Building Department demonstrating that he/she is still providing the appropriate number of affordable units in the designated locations as approved by the Planning and Zoning Commission or, in the alternative, that the units are vacant. Proof shall be in the form of the tenant(s) federal or state income tax return from the previous year, as well as a written statement that the tenant(s) qualifies as an individual(s) within the "preference categories." Should the owner/landlord either fail to report, or if he/she cannot demonstrate compliance with the provision herein, the owner/landlord will be considered in violation of this chapter, and will therefore be subject to the penalty provisions outlined in Article XXI of this chapter.