Irvington City Zoning Code
ARTICLE XXVIII
Fair and Affordable Housing
§ 224-173 Definitions.
The following terms, as used in this article, shall have the following meanings:
Area median income for Westchester County, as defined annually by the United States Department of Housing and Urban Development (HUD).
A for-purchase dwelling unit that is affordable to a household whose income does not exceed 80% of the AMI and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance, does not exceed 33% of 80% of the AMI, adjusted for family size.
A rental dwelling unit that is affordable to a household whose income does not exceed 60% of the 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 the AMI, adjusted for family size.
§ 224-174 Applicability.
[Amended 6-3-2019 by L.L. No. 8-2019]
The set-aside requirement of § 224-175 shall apply to all subdivisions or site development plans involving the creation of five or more dwelling units approved after February 6, 2012. The remainder of this article shall apply to all fair and affordable housing units, whether or not they are required by § 224-175.
§ 224-175 Required fair and affordable housing dwelling units.
[Amended 6-3-2019 by L.L. No. 8-2019]
A.
Within all residential developments of 10 or more dwelling units created by subdivision or site development plan approval, no less than 10% of the total number of dwelling units must be created as fair and affordable housing units.
B.
In residential developments of five to nine dwelling units, at least one fair and affordable housing unit shall be created.
§ 224-176 Maximum rent and sales price.
The maximum monthly rent, and the maximum gross sales price, for a fair and affordable housing unit shall be established in accordance with United States Department of Housing and Urban Development (HUD) guidelines as published in the current edition of the "Westchester County Area Median Income Sales and Rent Limits."
§ 224-177 Time period of affordability.
Units designated as fair and affordable housing units must remain affordable 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 for-purchase units.
§ 224-178 Property restriction.
A property containing any fair and affordable housing units must be restricted by using a mechanism such as a declaration of restrictive covenants, in recordable form acceptable to the Village Attorney, that shall ensure that the fair and affordable housing unit shall remain subject to affordable 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 fair and affordable housing unit prior to the issuance of a certificate of occupancy for any dwelling unit on the property.
§ 224-179 Reduced lot size.
[Amended 6-3-2019 by L.L. No. 8-2019]
A.
One-family residence districts. Notwithstanding §§ 224-8 and 224-10 of this chapter, within single-family developments subject to this article, the fair and affordable housing units may be a single-family dwelling or may be incorporated in a two-family dwelling. Each single-family fair and affordable housing unit may be located on a lot meeting 75% of the minimum lot area for the single-family dwellings in the district. Each fair and affordable two-family dwelling shall be located on a lot meeting 100% of the minimum lot area for the single-family dwellings in the district.
B.
Two-family residence districts. Notwithstanding §§ 224-15 and 224-16 of this chapter, each two-family fair and affordable housing unit may be located on a lot meeting 75% of the minimum lot area for the two-family dwellings in the district. One three-family fair and affordable dwelling may be located on a lot meeting 100% of the minimum lot area for two-family dwellings in the district.
§ 224-180 Unit appearance and integration.
[Amended 3-16-2015 by L.L. No. 1-2015]
A.
Within single-family developments, all units (including two-family units) shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development to the furthest extent possible.
B.
Within multifamily developments, the fair and affordable housing 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, unless a different proportion is approved by the Board of Trustees as being better suited to the provision of fair and affordable housing. The exterior appearance of the fair and affordable housing units shall not distinguish them as a class from unrestricted units.
C.
There is a strong preference that fair and affordable housing units be on site. Where, however, the Board of Trustees determines that more units can be created off site and/or that an off-site location is better suited to the provision of fair and affordable housing, the Board of Trustees may require the applicant to construct the fair and affordable housing units at another location in the Village.
§ 224-181 Minimum floor area.
A.
The minimum gross floor area per fair and affordable housing unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and not less than the following:
[Amended 3-16-2015 by L.L. No. 1-2015]
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) |
Nonetheless, if the Board of Trustees determines that a floor area of less than 80% is better suited to the provision of fair and affordable housing, it may permit the applicant to provide smaller fair and affordable units, so long as additional fair and affordable units are provided in an amount that would make the total floor area of the affordable units roughly equivalent to 80% of the average floor area of the nonrestricted units multiplied by the number of affordable units required (e.g., if the development has 40 apartments with an average size of 2,500 square feet, the affordable requirement would be four apartments of 2,000 square feet each, for a total of 8,000 square feet; the total floor area of the fair and affordable units would have to be roughly equivalent to 8,000 square feet). |
B.
For 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.
§ 224-182 Occupancy standards.
For the sale or rental of fair and affordable housing units, the following occupancy schedule shall apply, provided that these standards comply with the New York State Building, Fire and Property Maintenance Codes:
Number of Bedrooms | Number of Persons |
|---|---|
Efficiency | Minimum 1; maximum 1 |
1-bedroom | Minimum 1; maximum 3 |
2-bedroom | Minimum 2; maximum 5 |
3-bedroom | Minimum 3; maximum 7 |
4-bedroom | Minimum 4; maximum 9 |
§ 224-183 Affirmative marketing.
A.
The fair and affordable housing units created under the provisions of this article 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 Westchester County Affirmative Fair Housing Marketing Plan, dated December 29, 2011, and the Housing Development Affirmative Fair Housing Marketing Plan, dated December 29, 2011, so as to ensure outreach to racially and ethnically diverse households.
B.
No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers of fair and affordable housing units created pursuant to this article.
§ 224-184 Resale requirements.
A.
In the case of owner-occupied fair and affordable housing units, the title to said property shall be restricted so that, in the event of any resale by the homebuyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this article, or the sum of:
(1)
The net purchase price (i.e., gross sale price 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 substitute index, the Village will designate a substitute index; and
(2)
The cost of major capital improvements made by the seller of the unit while said seller owned the unit, as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion; provided, however, that approval of the administrative and monitoring agency identified in § 224-186 shall be required before the cost of any major capital improvement is included in the resale price.
B.
Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of the AMI at the time of the resale.
§ 224-185 Lease renewal requirements.
A.
A person renting a fair and affordable housing unit shall sign a lease for a term of no more than two years. As long as a renter remains eligible and has complied with the terms of the lease, the renter shall be offered renewal leases for a term of no more than two years each.
B.
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.
C.
If no such provisions are applicable and if a renter's annual gross income should subsequently exceed the maximum then allowable, as defined in this article, then the renter may complete his/her current lease term and shall be offered a nonrestricted rental unit in the development, if available, at the end of such lease term. If no such unit is available at said time, the renter may be allowed to sign one additional one-year lease for the fair and affordable housing unit s/he occupies but shall not be offered a renewal of the lease beyond the expiration of that additional one-year lease term. If, however, at the end of the additional one-year term, the renter's income is below the maximum then allowable, the renter shall be offered a two-year renewal lease.
§ 224-186 Administrative and monitoring agency.
The Village Board of Trustees or its designee shall administer the requirements of this article and, among other things, be responsible for monitoring the fair and affordable housing units during the units' periods of affordability and for monitoring compliance with the income and eligibility requirements and affirmative marketing responsibilities applicable to the fair and affordable housing units. The costs of such administration and monitoring shall be borne by the developer/owner.
§ 224-187 Expedited review process.
A.
Preapplication meeting. The applicant for a development including fair and affordable housing units shall be entitled to attend at least one preapplication meeting at which representatives will be in attendance from each municipal department, board, commission 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:
B.
Meeting schedule and timeline. Village departments, boards, commissions, and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication meeting 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 fair and affordable housing units shall be entitled to at least one additional meeting per year with the same departments, boards, commissions, and staff to review any and all items discussed at previous preapplication meetings.
§ 224-187.1 Fair and affordable housing requirement for subdivisions not including lot development plans.
[Added 2-3-2014 by L.L. No. 5-2014]
If a subdivision is applied for that does not include plans to develop the newly created lots, the following requirements must be met:
A.
If 10 or more lots are being created, no fewer than 10% of the lots must be set aside for the development of fair and affordable housing units meeting the applicable requirements of this article.
B.
If five to nine lots are being created, at least one lot must be set aside for the development of fair and affordable housing units meeting the applicable requirements of this article.
C.
Any lots created pursuant to this section must be at least 80% of the size of the average lot created by the subdivision.
D.
The lots set aside for fair and affordable housing shall be of the same character as, and physically integrated into, the entire subdivision.
§ 224-187.2 Affordable housing requirement for assisted-living facilities.
[Added 6-3-2019 by L.L. No. 8-2019]
A.
In assisted-living facilities, 5% of all assisted-living units must be affordable to a household whose income does not exceed 80% of the AMI. Such units must remain affordable for a minimum of 50 years from the date of the initial certificate of occupancy for the assisted-living facility.
B.
Details of such affordability requirement shall be spelled out in an affordability plan submitted as part of the assisted-living special permit application, which plan must be approved by the Board of Trustees.
C.
Alternatively, the Board of Trustees may permit the affordability requirement to be satisfied by the payment into an affordable housing development fund of an amount equal to the cost of providing the requisite number of affordable units.