Scarsdale City Zoning Code
ARTICLE XVII
Fair and Affordable Housing
§ 310-107 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the U.S. Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for family size, and that is marketed in accordance with the requirements, policies and protocols established by the County of Westchester, as amended from time to time.
A rental unit that is affordable to a household whose income does not exceed 60% 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% AMI adjusted for family size and that is marketed in accordance with the requirements, policies and protocols established by the County of Westchester, as amended from time to time.
A 10% development is a residential development meeting the requirements of § 310-108A.
§ 310-108 Required affordable unit component.
A.
Within all residential developments created by subdivision or site plan approval, the number of required FAH units shall be calculated as follows:
(1)
Required units.
Development Size (including FAH units) | Required FAH Units |
|---|---|
5-9 multifamily units | 1 |
10-14 single or multifamily units | 1 |
15-24 single or multifamily units | 2 |
25-34 single or multifamily units | 3 |
35-44 single or multifamily units | 4 |
(2)
Continuing in like increments, each additional 10 new units or part thereof shall require one additional FAH unit.
B.
No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for FAH units created under this subsection.
C.
All such FAH units, whether for purchase or for rent, shall be marketed in accordance with the requirements, policies and protocols established by the County of Westchester, as amended from time to time.
§ 310-109 Maximum rent and sales price.
The maximum monthly rent for a FAH unit and the maximum gross sales price for an FAH 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 Sales and Rent Limits, available from the County of Westchester.
§ 310-110 Time period of affordability.
Units designated as FAH units must remain affordable for a minimum of 50 years from the date of initial certificate of occupancy for rental properties and from date of original sale for ownership units.
§ 310-111 Property restriction.
A property containing any FAH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Village Attorney which shall ensure that the FAH 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 FAH unit prior to the issuance of a certificate of occupancy for the development.
§ 310-112 Unit appearance and integration.
A.
Within single-family developments, the affordable units shall be compatible in appearance (except as provided in § 310-113 of this chapter), siting and exterior design with the other single-family homes in the development to the furthest extent practicable. Interior finishes and furnishing may be reduced in quality and cost to assist in the lowering of the cost of development of the FAH units.
B.
Within multifamily developments, the affordable 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. The FAH units shall be compatible in appearance 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 affordable units.
§ 310-113 Minimum floor area.
A.
The minimum gross floor area per FAH unit shall not be less than 80% of the average of nonrestricted housing units in the development and 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 1.5 baths) |
B.
For the 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.
§ 310-114 Occupancy standards.
For the sale or rental of FAH units, the following occupancy schedule shall apply:
Number of Persons | ||
|---|---|---|
Number of Bedrooms | Minimum | Maximum |
Efficiency | 1 | 2 |
1-bedroom | 1 | 3 |
2-bedroom | 2 | 5 |
3-bedroom | 3 | 6 |
4-bedroom | 4 | 8 |
§ 310-115 Affirmative marketing.
The affordable 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 qualified income-eligible households. Such income eligible households shall be solicited by the seller or lessor in accordance with the requirements, policies and protocols established by the County of Westchester and in accordance with the monitoring agency so designated pursuant to § 310-116 of this chapter, so as to ensure outreach to racially and ethnically diverse households.
§ 310-116 Administrative and monitoring agency.
A governmental office or department or local not-for-profit agency will be designated by the Village to administer the requirements of this chapter. The designated office, department, or agency will be responsible for monitoring the FAH units during the units' period of affordability in accordance with the requirements, policies and protocols established by the County of Westchester. The designated office, department, or agency will also be responsible for monitoring compliance with the affirmative marketing requirements, policies and protocols during the units' period of affordability pursuant to § 310-116 of this chapter. As necessary, monitoring fees shall be established by resolution of the Village Board of Trustees.
§ 310-117 Resale requirements.
A.
In the case of owner-occupied FAH 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 sale price for said unit, as determined in this local law, or the sum of:
(1)
The net purchase price (i.e., gross sales 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 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
(2)
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. The seller shall request and obtain approval from the monitoring agency, appointed pursuant to § 310-116, of the amount of said major capital improvements to be included in the resale price. The request for such approval shall be made no later than the time the seller of the unit desires to include it 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 AMI at the time of the resale.
§ 310-118 Lease renewal requirements.
A.
Applicants for rental FAH 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 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.
B.
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 said resident may complete their current lease term and shall be offered a nonrestricted rental in the same 10% 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 FAH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.
§ 310-119 Expedited project review process.
A.
Preapplication meeting. The applicant for a development including FAH units shall be entitled to attend at least one preapplication meeting with staff representing each municipal agency and board 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. Municipal departments, agencies, authorities, boards, commissions, councils, committees 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 applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including FAH units shall be entitled to at least one additional meeting per year with staff representing the same municipal agencies and boards to review any and all items discussed at previous preapplication meetings.