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WESTCHESTER COUN TY FAIR AN D AFFORDABLE HOUSIN G IMPLEMEN TATION PLAN August 9, 2010 Appendix D-1(i): Model Ordinance Provisions Westchester County Affordable Affirmatively Furthering Fair Housing Units Model Ordinance Provisions These model ordinance provisions are proposed to supplement existing municipal zoning codes in Westchester County municipalities for the purposes of ensuring the provision and promotion of fair and affordable housing development throughout the County of Westchester. The text below contains recommended zoning language, as well as advisory comments which are italicized. Affordable Affirmatively Furthering Fair Housing 1. Definitions Affordable Affirmatively Furthering Fair Housing (AFFH) Unit 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 Westchester County Fair & Affordable Housing Affirmative Marketing Plan. 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 Westchester County Fair & Affordable Housing Affirmative Marketing Plan. 2. Required Affordable FFH Unit Component Within all residential developments of 10 or more units created by subdivision or site plan approval, no less than 10% of the total number of units must be created as affordable AFFH units. In residential developments of five to nine units, at least one affordable AFFH unit shall be created. A municipality should require that a higher percentage of units be set aside as affordable AFFH units on sites where there is no, or marginal, land cost and significant infrastructure is in place. One type of such potential site is an existing office park which can meet specific criteria (e.g. has routinely vacant parking spaces during business hours). A study prepared by the County Department of Planning (“Office Park Housing” March 2008) recommends an inclusionary requirement of 15% in such situations. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for affordable AFFH units created under this subsection. The zoning provisions may address a process to target non-resident workforce of a municipality for occupancy of not more than 25% of the affordable AFFH units in a particular development if a legal and feasible means is identified to show such targeted non- resident workforce is more diverse than the existing resident population. Notwithstanding the above, all such affordable AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair & Affordable Housing Affirmative Marketing Plan. 3. Incentives for Creation of Additional Fair and Affordable Housing A municipality should utilize one or more of a variety of incentives to encourage the creation of affordable AFFH units above the number required to be created by the ordinance (no less than 10% as per Section 3 above). Potential incentives include allowing higher densities such as “1.5 additional two-bedroom market-rate units for each affordable AFFH unit provided over the required 10%,” the easing of minimum height, bulk and setback requirements and an allowance for shared parking so as to reduce infrastructure costs. 4. Maximum Rent and Sales Price The maximum monthly rent for an affordable AFFH unit and the maximum gross sales price for a 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 (AMI) Sales & Rent Limits” available from the County of Westchester. 5. Time Period of Affordability Units designated as affordable AFFH units must remain affordable for a minimum of 50 years from date of initial certificate of occupancy for rental properties and from date of original sale for ownership units. 6. Property Restriction A property containing any affordable AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to Municipal Counsel which shall ensure that the affordable AFFH unit shall remain subject to affordable regulations for the minimum 50 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 affordable AFFH unit prior to the issuance of a Certificate of Occupancy for the development. 7. Unit Appearance and Integration Within single-family developments, the affordable AFFH units may be single-family homes or may be incorporated into one or more two-family homes. Each single-family affordable AFFH unit may be located on a lot meeting seventy-five per cent (75%) of the minimum lot area for the single-family homes in the development. 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 indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest 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 AFFH units. Within multi-family developments, the affordable 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. The affordable AFFH units shall not be distinguishable from 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 AFFH units. 8. Minimum Floor Area The minimum gross floor area per affordable AFFH unit shall not be less than 80% of the average floor area of non-restricted housing units in the development and no less than the following: Dwelling Unit Minimum Gross Floor Area (square feet) Efficiency 1 bedroom 2 bedroom 3 bedroom 1,000 (including at least 1.5 baths) 4 bedroom 1,200 (including at least 1.5 baths) 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. As an alternative or supplemental standard -- The minimum gross floor area per affordable AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal & the New York State Housing Trust Fund Corporation in Section 4.03.03 of the most recent edition of its joint Design Manual. http://nysdhcr.gov/Publications/DesignHandbook/UF2009_DesignHandbook.pdf 9. Occupancy standards For the sale or rental of affordable AFFH units, the following occupancy schedule shall apply: N umber of Bedrooms N umber 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 10. Affirmative Marketing The affordable AFFH 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 so as to ensure outreach to racially and ethnically diverse households. 11. Resale Requirements In the case of owner-occupied affordable 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 ordinance, or the sum of: (i) 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 (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 successor index, the Municipality will designate a substitute index; and (ii) 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 15 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 re-sale. 12. Lease Renewal Requirements Applicants for rental affordable 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 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. 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 their current lease term and shall be offered a non- restricted rental unit available in the 30% 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 AFFH unit they occupy 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 (1) the rent amount payable under the provisions of this ordinance or (2) 30% of the resident’s monthly adjusted household income provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms. -OR- Option (c): said resident shall pay the greater of (1) the rent amount payable under the provisions of this ordinance or (2) 30% of the resident’s monthly adjusted household income provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms for a term of not more than one (1) year. 13. Administrative and Monitoring Agency A municipal office or department or a local non-profit agency must be designated to administer the requirements of this section. The designated office, department or agency will be responsible for monitoring the affordable AFFH units during the units’ periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the affordable AFFH units 14. Expedited Project Review Process (a) Pre-application meeting: The applicant for a development including affordable AFFH units shall be entitled to attend at least one pre-application meeting at which representatives will be in attendance from each municipal agency, board, commission and staff expected to play a role in the review and approval of the development application and construction. The purpose of the pre-application meeting will be to expedite the development application review process through:  The early identification of issues, concerns, code compliance and coordination matters that may arise during the review and approval process.  The establishment of a comprehensive review process outline, proposed meeting schedule and conceptual timeline. (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 pre-application 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 affordable 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 pre- application meetings. (c) Calendar/agenda priority: Municipal departments, agencies, authorities, boards, commissions, councils or committees with review or approval authority over applications for developments including affordable AFFH units shall give priority to such applications by placing applications for developments including affordable AFFH units first on all meeting and work session calendars and agenda and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.