Pound Ridge City Zoning Code
ARTICLE XV
Housing Board
§ 113-99 Housing Board established; eligibility and selection for below-market-rate housing; rent and sale prices for below-market-rate housing.
[Amended 5-2-2013 by L.L. No. 2-2013]
A.
Establishment of Housing Board. The Town Board hereby establishes a Town Housing Board, which shall be responsible for the administration of the below-market-rate housing requirements of this section as well as for the promulgation of rules and regulations as may be necessary to implement such requirements.
(1)
The Housing Board shall consist of seven members appointed by the Town Board and serving at the pleasure of the Town Board, with the Chairperson appointed annually.
(2)
The rules and regulations developed by the Housing Board as may be necessary to implement the requirements outlined below must be approved by the Town Board.
(3)
The Town Housing Board shall certify as eligible all applicants for rental or sales of below-market-rate dwelling units and shall annually reexamine, or cause to be reexamined, each renter occupant's family income and assets.
(4)
On or before March 30 of each year thereafter, the Town Housing Board shall notify the owner or manager of each multifamily development containing below-market-rate affordable units as to the rent, sales and income eligibility requirements for such units derived from the preceding calendar year.
(5)
The owner or manager of each multifamily development shall certify to the Housing Board on or before May 31 of each year that the current rental or sales prices and income eligibility of all below-market-rate dwelling units and their occupants comply with the terms of this article.
(6)
Below-market-rate dwelling units may be occupied only by the owner, his or her immediate family and occasional houseguests, except by express permission of the Housing Board. Any unit not owner-occupied may be rented only if approved by the Housing Board, to applicants who qualify according to Subsections B, C, and D of this section.
B.
Income eligibility for below-market-rate housing units. Income eligibility for below-market-rate housing applicants shall be verified by the Housing Board according to the following standards or as further restricted in the applicable zone:
(1)
Families whose aggregate income, including the total of all current annual income of all adult members residing in the household from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full time, does not exceed the following multiples of Westchester County median income established by HUD during the three most recently completed calendar years:
Size of Family (persons) | Multiple of Median Wages |
|---|---|
1 | 0.9 |
2 | 1.1 |
3 | 1.3 |
4 | 1.4 |
5 | 1.6 |
6 | 1.7 |
7 | 1.9 |
8 or more | 2.0 |
(2)
Property income. For property or other investments that are not returning dividends, rents or other measurable income (excluding normal household personal possessions), a yearly income of 5% of the fair market value of the investment shall be included in the family's aggregate income.
(3)
Applicants for below-market-rate rental units referred to in this section shall, if eligible and if certified for occupancy by the Housing Board, sign leases for a term of no more than two years.
(4)
As long as a resident remains eligible and has complied with the terms of the lease, said resident may be offered a one-year renewal of the lease. If a resident's annual gross income should subsequently exceed by more than 20% of the maximum then allowable, as defined in this section, and if there is at that time an otherwise eligible applicant within one of the categories in Subsection B above, said resident may complete his current lease term or one year from date of notification, whichever is longer.
(5)
In the case of owner-occupied below-market-rate dwelling 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, regardless of improvement, as determined in accordance with Subsection B of this section. It is assumed that homeowners, in the course of their homeownership, will be making improvements to their property.
C.
Additional eligibility priorities. Financially eligible persons and families applying for below-market-rate dwelling units shall be selected by the Housing Board on the basis of the following categories of priority:
(1)
Pound Ridge Volunteer Fire Department Member or Pound Ridge Volunteer Ambulance Corps Member. Applicants must now be and have been members in good standing for not less than two years.
(2)
Town of Pound Ridge municipal employees.
(3)
Pound Ridge residents.
(4)
Immediate relatives of Pound Ridge residents (children, parents, siblings, aunts and uncles).
(5)
Bedford Central and Katonah-Lewisboro School District employees.
(6)
Other persons employed in Pound Ridge.
(7)
Seniors from contiguous towns.
(8)
Other persons employed in Westchester County.
(9)
All others.
D.
Selection priorities. Within each of the above categories, the applicant shall be selected according to the following additional priorities.
E.
Monthly rent and/or sale price of below-market-rate units.
(1)
The maximum monthly rent for a below-market-rate dwelling unit shall not exceed 1.75%, excluding utilities (gas, oil, electricity, water and sewage, common charges), or 2%, if utilities and common charges are included, of the multiple assigned to the number of bedrooms in the dwelling unit times the average of the last three-year median income levels published by Westchester County.
(2)
The maximum gross sales price for a below-market-rate dwelling unit shall not exceed two times the multiple assigned to the number of bedrooms in the dwelling unit times the average of the last three-year median of annual paid wages as outlined in the table below.
Number of Occupants Permitted | |||
|---|---|---|---|
Number of Bedrooms in Dwelling Unit | Multiple Applied to Three-Year Average | Minimum | Maximum |
Efficiency | 0.9 | 1 | 1 |
1 | 1 | 11 | 2 |
2 | 1.25 | 2 | 4 |
3 | 1.5 | 3 | 6 |
4 | 1.75 | 5 | 8 |
NOTE: |
|---|
1Only if efficiency is not available. Tenant should be transferred to efficiency when one becomes available; lease should so provide. |
(3)
At the time of the issuance of a certificate of compliance, the Building Inspector shall send a copy of such certificate to the Town Housing Board, which shall then inform the applicant of the maximum rental or sales charge which may be established for the below-market-rate dwelling units in such development and the maximum annual gross family income for eligibility for occupancy of said units.
(4)
Tax assessment. The limited rental income and/or sales value of below-market-rate units shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.
F.
Other Housing Board responsibilities. In addition to the administrative responsibilities outlined herein, the Housing Board shall also evaluate resident housing needs, identify housing opportunities and maintain waiting lists for those seeking housing. The Housing Board shall make recommendations to the Town Board on the status of various housing-related issues at least once each calendar year.
G.
New dwellings and occupancies. Notwithstanding the subsections above, subsequent to the effective date of § 113-100 of this chapter, all new affordable dwelling units created in accordance with § 113-99 shall be affordable fair housing dwelling units regulated by § 113-100, rather than below-market-rate units. The same shall be true for all new occupancies of all existing below-market-rate units.
§ 113-100 Affordable fair housing dwelling units.
[Added 5-2-2013 by L.L. No. 2-2013]
A.
Required affordable fair housing dwelling unit component. Within all residential developments of 10 or more dwelling units created by subdivision or site plan approval in the Town, no less than 10% of the total number of units must be created as affordable fair housing units. For example, one dwelling unit out of 10 approved units shall be an affordable fair housing dwelling. In the calculation of the required number of affordable fair housing dwellings in projects containing 30 or fewer dwelling units, when 10% of the total lots results in a fraction of a whole number, fractions of 0.6 or greater shall result in the creation of an additional affordable fair housing dwelling unit. In the calculation of the required number of affordable fair housing dwellings in projects containing more than 30 dwelling units, when 10% of the total lots results in a fraction of a whole number, said fraction shall result in the creation of an additional affordable fair housing dwelling unit. Notwithstanding the above, all multifamily housing projects containing four or more dwellings approved in accordance with § 113-57 of this chapter shall contain at least one affordable fair housing unit.
[Amended 2-6-2014 by L.L. No. 2-2014]
B.
Maximum rent and sales price. The maximum monthly rent for an affordable fair housing dwelling unit and the maximum gross sales price for such a 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 & Rent Limits," available from the County of Westchester.
C.
Time period of affordability. Affordable fair housing dwelling 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 the original sale for ownership units.
D.
Property restriction. A property containing any affordable fair housing dwelling units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Town Attorney which shall ensure that the affordable fair housing unit(s) shall remain subject to the affordable fair housing regulations for a minimum of 50 years. Among other provisions, the covenants shall require that the affordable fair housing unit shall be the primary residence of the household selected to occupy the unit. Upon approval, such declaration shall be recorded against said property prior to the issuance of a certificate of occupancy for the development.
E.
Unit appearance and integration. All affordable fair housing dwelling units shall be indistinguishable in appearance, siting, and exterior design and finishes from the other 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 the affordable fair housing units. The affordable fair 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 dwelling units in the development.
F.
Minimum floor area. In single-family subdivisions, the minimum gross floor area of the affordable fair housing dwelling units shall not be less than 50% of the average floor area of the market-rate homes in the project. In multifamily projects, the minimum gross floor area of the affordable fair housing dwelling units shall not be less than 80% of the average floor area of the market-rate housing units in the development. Further, the affordable fair housing dwellings shall be no less than the following in size:
Number of Bedrooms in Dwelling Unit | Minimum Gross Floor Area (square feet) |
|---|---|
Efficiency | 450 |
1 | 675 |
2 | 750 |
3 | 1,000 (including at least 1.5 baths) |
4 | 1,200 (including at least 1.5 baths) |
G.
Occupancy standards. The following occupancy schedule shall apply to affordable fair housing dwelling units:
Number of Occupants Permitted | ||
|---|---|---|
Number of Bedrooms in Dwelling Unit | Minimum | Maximum |
Efficiency | 1 | 1 |
1 | 1 | 2 |
2 | 2 | 4 |
3 | 3 | 6 |
4 | 4 | 8 |
H.
Marketing.
(1)
The affordable fair housing dwelling units created under the provisions of this section shall be sold or rented, and resold and re-rented during the required period of affordability, 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 & Affordable Housing Affirmative Marketing Plan.
(2)
Notwithstanding the above, not more than 25% of the affordable fair housing units in a particular development may be marketed to the Town's nonresident workforce if it can be shown that such targeted nonresident workforce is more diverse than the existing resident population in the Town.
I.
Resale requirements.
(1)
All affordable fair housing units shall have the title to said property and be deed 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 chapter, or the sum of:
(a)
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:
[1]
The month that was two months earlier than the date on which the seller acquired the unit; and
[2]
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 Town shall designate a substitute index; and
(b)
The cost of 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.
(2)
Notwithstanding the above, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
J.
Lease renewal requirements.
(1)
Applicants for affordable fair housing rental units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a household remains eligible and has complied with the terms of the lease, said household 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.
(2)
If no such provisions are applicable and if a household's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said household may complete their current lease term and shall be offered a market-rate rental unit available 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 one additional one-year lease for the affordable fair housing unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.
K.
Incentives for the provision of affordable fair housing dwelling units.
(1)
Each single-family detached affordable fair housing dwelling may be located on a lot meeting at least 75% of the minimum lot area for the single-family homes in the development.
(2)
The Planning Board may, in its discretion, waive up to 50% of the recreation fee otherwise attributable to the creation of affordable fair housing dwelling units.
L.
Tax assessment. The limited rental income and/or sales value of the affordable fair housing units shall be taken into consideration by the Town Assessor in determining the full value basis for assessments on such units.
M.
Administration and monitoring. The Town Board shall designate a board, commission or other organization to administer and monitor compliance with these regulations. If the affordable fair housing has a regulatory agreement regarding the affordable fair housing nature of the project with a state and/or federal agency, a copy of the annual audit(s) by the regulatory agency(ies) shall be submitted to the Town.
N.
Expedited project review process.
(1)
The various review and approval authorities involved with a project having an affordable fair housing dwelling unit component shall make every practicable effort to hold their meetings and/or hearings concurrently.
(2)
Projects containing affordable fair housing dwelling units shall be placed at the beginning of all relevant meeting and work session agendas.
(3)
Should the approval process extend beyond one year, an applicant for a project containing affordable fair housing dwelling units shall be entitled to at least one additional meeting per year with said review and approval authorities.